APFMIS Act 14अध्याय 2 · Farmers' Organisation

धारा 14 · Disqualification of Candidates or Members

(1)

No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government shall be qualified for being chosen as or for being a Chairman, or President or a member of a Managing Committee.[Explanation. - For the purpose of this section the expression 'village servant' means any person who holds any of the village offices of neeruganti, neeradi, vetti, kawalkar, toti, talayari, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known.] [Substituted by Act No. 4 of 2018, dated 2.1.2018.]

(i)

the Andhra Area, any person who holds any of the village officers of Neeruganti, Neeradi, Vetti, Kawalkar, Toti, Talayari, Tandalagar, Sathsindhi or any such village office by whatever designation it may be locally known;

(ii)

the Telangana Area, any person who holds any of the village offices of Neeradi, Kawalkar, Sathsindhi or any such village office by whatever designation it may be locally known.

(2)

No person who has been convicted by a Criminal Court for any offence involving moral turpitude committed under any law for the time being in force shall be qualified for being chosen in or for being a Chairman or President or a member of a Managing Committee.

(3)

A person shall be disqualified for being chosen as [***] [Omitted 'a Chairman or Vice-Chairman or President or Vice-President or' by Act No. 4 of 2018, dated 2.1.2018.] a member of [any of] [Inserted by Act No. 4 of 2018, dated 2.1.2018.] the Managing Committee if on the date fixed for [formation] [Substituted 'scrutiny of nominations for election, or on the date of nomination he' by Act No. 4 of 2018, dated 2.1.2018.] is, -

(a)

of unsound mind and stands so declared by a Competent Court;

(b)

an applicant to be adjudicated as an insolvent or an undischarged insolvent; or

(c)

a defaulter of land revenue or water tax or charges payable either to the Government or to the Farmers' Organisation.

(d)

interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Parishad, Zilla Parishad or any State or Central Government or the Farmers Organisation :

Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having share or interest in

(i)

a company as a mere share-holder but not as a director;

(ii)

any lease, sale or purchase of immovable property or any agreement for the same; or

(iii)

any agreement for the loan of money or any security for the payment of money only; or

(iv)

any newspaper in which any advertisement relating to the affairs of the Farmers' Organisation is inserted.

Explanation. - For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Gram Panchayat, Mandal Parishad, Zilla Parishad, the Farmers' Organisation, the State or Central Government has not performed its part of the contractual obligations.

(4)

A Chairman or a President or a member of a Managing Committee shall also become disqualified to continue in office if he, -

(a)

is convicted in a criminal case involving moral turpitude; or

(b)

absents for three consecutive meetings without reasonable cause

Provided that such disqualification under item (b) shall not apply in the case of women who are in an advanced stage of pregnancy and for a period of three months after delivery. and he shall cease to hold the office forthwith.

(4A)

[ A member of the Water User Association shall cease to be a Member or a Chairman or a President or a Member of a Managing Committee shall become disqualified to continue, in office, if he ceases to be a landholder.] [Inserted by Act No. 1 of 1999, dated 1.1.1999.]

(5)

A person having more than two children shall be disqualified for [selection] [Substituted 'election' by Act No. 4 of 2018, dated 2.1.2018.] or for continuing as a Chairman or a President or a member of the Managing Committee :Provided that the birth within one year from the date of commencement of this Act, hereinafter in this section referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purpose of this sectionProvided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase.

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