(1) A person shall be disqualified
to be a member of Halqa Panchayat if he––
1[x x x x]
(b) is in the employment of the 2[Government of the Union territory of Jammu and Kashmir] or any local body ; or
(c) is under 3[twenty-one years] of age ; or
(d) is of unsound mind and stands so declared by a competent court ; or
(e) has been adjudged insolvent by a competent court ; or
(f) is a salaried servant of a Halqa Panchayat ; or
(g) is a Lamberdar or Village Chowkidar ; or
(h) has been dismissed from the service of 2[Government of the Union territory of Jammu and Kashmir], a local body or a Halqa Panchayat ;
(i) has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years unless a period of three years, or such less period as the 2[Government of the Union territory of Jammu and Kashmir] may allow in any particular case, has elapsed since his release ; provided that this clause shall not apply to an offender who has been released under the provisions of *[section 562] of the 4[Code of Criminal Procedure, 1973 (2 of 1974)] or under 5[the Probation of Offenders Act, 1958 (2 of 1958)].
(2) Subject to the provisions of sub-section (1), no person shall be qualified to be chosen as a member of Halqa Panchayat unless his name is included in the electoral roll of such Halqa Panchayat :
Provided that any person aggrieved by an order under this section shall have a right of appeal to such authority as may be prescribed.
6[(3) A person who becomes a member of a Halqa Panchayat on the basis of a false Scheduled Caste or Scheduld Tribe certificate, shall be disqualified from the date on which it is found that he had become such member or office bearer on the basis of such false caste certificate and shall continue to be disqualified for further period of six years :]
1[x x x x]
(b) is in the employment of the 2[Government of the Union territory of Jammu and Kashmir] or any local body ; or
(c) is under 3[twenty-one years] of age ; or
(d) is of unsound mind and stands so declared by a competent court ; or
(e) has been adjudged insolvent by a competent court ; or
(f) is a salaried servant of a Halqa Panchayat ; or
(g) is a Lamberdar or Village Chowkidar ; or
(h) has been dismissed from the service of 2[Government of the Union territory of Jammu and Kashmir], a local body or a Halqa Panchayat ;
(i) has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years unless a period of three years, or such less period as the 2[Government of the Union territory of Jammu and Kashmir] may allow in any particular case, has elapsed since his release ; provided that this clause shall not apply to an offender who has been released under the provisions of *[section 562] of the 4[Code of Criminal Procedure, 1973 (2 of 1974)] or under 5[the Probation of Offenders Act, 1958 (2 of 1958)].
(2) Subject to the provisions of sub-section (1), no person shall be qualified to be chosen as a member of Halqa Panchayat unless his name is included in the electoral roll of such Halqa Panchayat :
Provided that any person aggrieved by an order under this section shall have a right of appeal to such authority as may be prescribed.
6[(3) A person who becomes a member of a Halqa Panchayat on the basis of a false Scheduled Caste or Scheduld Tribe certificate, shall be disqualified from the date on which it is found that he had become such member or office bearer on the basis of such false caste certificate and shall continue to be disqualified for further period of six years :]
1. Clause (a) omitted by S.O. 3654(E) dated 16.10.2020. 2. Substituted by S.O.3654(E) dated 16.10.2020 for “Government”. 3. Substituted for “twenty-five years” by Act VI of 2014, s. 4, w.e.f. 1-6-2014. * Now section 360. 4. Substituted by S.O.3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat 1989”. 5. Substituted ibid for “the Jammu and Kashmir Probation of Offenders Act, 1966”. 6. Sub-section (3) inserted by Act X of 2006, s. 2.