Panchayat:Repo18/Law Manual Page0205: Difference between revisions

Latest revision as of 04:08, 24 January 2019

50[159. Panchayat members, to submit statements regarding Assets. — (1) A member of the Panchayat shall, within **[fifteen months] from the date of assuming his office, file a statement of assets and liabilities of himself and of the members of his family, in the form prescribed before the competent authority authorised in this behalf by the Government by notification in the Gazette:

Provided that, a person who is a member of the Panchayat at the commencement of this Act shall submit such a statement to the competent authority, before the date specified by the Government in this behalf.

2) Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in the name of himself or other members of his family or disposes or creates any liability thereafter on the assets specified in the statement he shall file a statement in this regard to the competent authority within three months from the date of such acquisition or disposal or creation of liability, as the case may be.

(3) Any member of the Panchayat who makes a statement under sub-section (1) or sub-section (2) which is false and which he knows or believes to be false or does not believe to be true shall be liable to be proceeded against in accordance with law, for filing such false statement.

(4) Where a member of the Panchayat fails to file such a statement to the competent authority within the date specified under sub-section (1) and sub-section (2), action may be taken to disqualify him from continuing as member of the Panchayat under Section 35.

Explanation 1.- For the purpose of this section "family" of a member of the Panchayat means, wife or husband of that member and his parents, unmarried sisters and children who are dependent on him.

Explanation 2.- For the purpose of this section "asset" means all immovable properties and movable properties worth not less than Rupees ten thousand.]

NOTES

When a member is disqualified under Sec. 35(q) read with Sec. 159, he is presumed to be validly elected. Whereas, in the election petition filed before the Munsiff Court by the appellant herein, the very election of the first respondent is under challenge. If the election of the first respondent is declared void,

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-[159. Panchayat members, to submit statements regarding Assets. — (1) A member of the Panchayat shall, within **[fifteen months] from the date of assuming his office, file a statement of assets and liabilities of himself and of the members of his family, in the form prescribed before the competent authority authorised in this behalf by the Government by notification in the Gazette:
+'''50[159. Panchayat members, to submit statements regarding Assets. '''— (1) A member of the Panchayat shall, within **[fifteen months] from the date of assuming his office, file a statement of assets and liabilities of himself and of the members of his family, in the form prescribed before the competent authority authorised in this behalf by the Government by notification in the Gazette:
 Provided that, a person who is a member of the Panchayat at the commencement of this Act shall submit such a statement to the competent authority, before the date specified by the Government in this behalf.
-(2) Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in the name of himself or other members of his family or disposes or creates any liability thereafter on the assets specified in the statement he shall file a statement in this regard to the competent authority within three months from the date of such acquisition or disposal or creation of liability, as the case may be.
+) Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in the name of himself or other members of his family or disposes or creates any liability thereafter on the assets specified in the statement he shall file a statement in this regard to the competent authority within three months from the date of such acquisition or disposal or creation of liability, as the case may be.
 (3) Any member of the Panchayat who makes a statement under sub-section (1) or sub-section (2) which is false and which he knows or believes to be false or does not believe to be true shall be liable to be proceeded against in accordance with law, for filing such false statement.
 (4) Where a member of the Panchayat fails to file such a statement to the competent authority within the date specified under sub-section (1) and sub-section (2), action may be taken to disqualify him from continuing as member of the Panchayat under Section 35.
-Explanation 1.- For the purpose of this section "family" of a member of the Panchayat means, wife or husband of that member and his parents, unmarried sisters and children who are dependent on him.
-Explanation 2.- For the purpose of this section "asset" means all immovable properties and movable properties worth not less than Rupees ten thousand.]
+'''Explanation 1'''.- For the purpose of this section "family" of a member of the Panchayat means, wife or husband of that member and his parents, unmarried sisters and children who are dependent on him.
-NOTES When a member is disqualified under Sec. 35(q) read with Sec. 159, he is presumed to be validly elected. Whereas, in the election petition filed before the Munsiff Court by the appellant herein, the very election of the first respondent is under challenge. If the election of the first respondent is declared void,
+'''Explanation 2'''.- For the purpose of this section "asset" means all immovable properties and movable properties worth not less than Rupees ten thousand.]
+{{center|NOTES}}
+When a member is disqualified under Sec. 35(q) read with Sec. 159, he is presumed to be validly elected. Whereas, in the election petition filed before the Munsiff Court by the appellant herein, the very election of the first respondent is under challenge. If the election of the first respondent is declared void,