The ARUNACHAL PRADESH LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 2003

THE ARUNACHAL PRADESH LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 2003 
(ACT NO. 3 OF 2003) 
[Assented by the Governor of AP on 22.03.2003 and published in AP EOG No 197 Vol XII Dtd 24-3-2003 [wef 
24/03/2003] 
1.Amended by the Arunachal Pradesh Local Authorities (Prolubit.on of Detection (Amendment) Act 2006 [Assented by the Governor 
of AP on 05 05 2006 and published in AP EOG No 42 Vol XIV Dtd 15.05 2006 [wef 5/5/2006] 
AN 
ACT 
to prohibit defection by the Members of Zila Parishad, Anchal Samiti and Gram 
Panchayat from the political parties by which they were set up as candidates and 
matters connected therewith. 
Whereas, it is expedient to prohibit defection by the Members of Zila Parishad, Anchal 
Samitiand Gram Panchayat from the political parties by which they were set up as 
candidates and matters connected therewith ; 
BE it enacted by the Arunachal Pradesh State Legislature in the Fifty Fourth Year of 
the Republic of India as follows : 
1. (i) This Act may be called the Arunachal Pradesh Local Authorities (Prohibition of 
Defection)Act, 2003. 
(ii) They shall come into force on the date of their publication in the Official Gazette. 
2. In this Act, unless the context otherwise requires - 
(i) "Zila Parishad" means Zila Parishad established under the Arunachal 
Pradesh Panchayat Raj Act, 1997; 
(ii) "Anchal Samiti" means Anchal Samiti established under the Arunachal 
Pradesh Panchayat Raj Act, 1997; 
(iii) "Gram Panchayat" means Gram Panchayat established under the 
Arunachal Pradesh Panchayat Raj Act, 1997; 
(iv) "Member" means a member of Zila Parishad, Anchal Samiti and Gram 
Panchayat elected under the Arunachal Pradesh Panchayat Raj Act, 1997; 
(v) "Political Party" in 'relation to a member means a political party 
recognised by the Election Commission of India as National Party or a State 
Party in the State of Arunachal Pradesh under the Election Symbols 
(Reservation and Allotment) Order, 1968 and to which he belongs for the 
purpose of sub-section (1) of Section-3. 
3. (1) Subject to the provisions of Sections 1
[ ... omitted ], 5 and 6,a member, belonging 
to any political party, shall be disqualified for being such member: 
(a) if he has voluntarily given up his membership of such political party; or 
(b) if he votes or abstains from voting in, or intentionally remains absent from 
any meeting of the Zila Parishad or Anchal Samiti or Gram Panchayat 
contrary to any direction issued by the political party to which he belongs or by 
any person or authority authorised by it in this behalf without obtaining the 
prior permission of such party, person or authority and such voting, 
abstention or absence has not been condoned by such political party, person 
or authority within fifteen days from the date of voting or such 
abstention or absence; 
Explanation:- For the purpose of this sub-section, a person elected as a 
member, shall be deemed to belong to the political party, if any, by which he 
was set up as a candidate for election as such member; 
Short title and 
ommencement. 
Definitions. 
Disqualification 
the ground 
of defection. 

{2) A person elected as a member, otherwise than as a candidate set up by a 
political party, shall be disqualified for being a member if he joins any political 
party after such election. 
2
[4 ..... omitted.] 
I 5. (1) A member shall not be disqualified under sub-section {l ) of Section 3, where his 
/ political partymerges with another political party and he claims that he and any other 
members of his political party, 
{a) have become members of such other political party, or as the case may 
be, of a new political party formed by such merge; or 
{b) have not accepted the merger and opted to function as a separate group, 
and from the time of such merger, such other political party or new 
political party or group, as the case may be, shall deemed to be the political 
party to which he belongs for the purpose of sub-section (1) of Section 3 and 
to be his political party for the purposes of this section. 
(2) for the purpose of sub-section (1) of this section: 
(a) the merger of the political party or a Member shall be deemed to have 
taken place if, and only if, not less than two thirds of the members of the 
political party concerned have agreed to such merger; 
(b) the expression "such other political party"and "new political party" shall 
include a political party whether such political party has been recognised or not 
by the Election Commission of India as a National Party or a State Party in the 
State of Arunachal Pradesh under the Election Symbols (Reservation and 
Allotment) Order, 1968. 
I 6. (1) A complaint that a member has becomesubject to the disqualification under 
Section 3 may bemade by a member or a political party to the Member Secretary of 
I the concerned local authority:- 
Disqualification 
on the ground 
of Defection 
not to apply 
in case of merger. 
Decision on the 
question as to 
isqualification 
n the ground of 
efection. 
(a) in a case falling under clause {a) of sub section(l ) after the Member 
gives up the membership of the political party; 
(b) in a case falling under clause (b) of sub section(l }, after the expiry of 
fifteen days specified therein ; 
(c) in a case falling under sub-section (2) afterhe joins the political party. 
(2) Where a complaint under sub-section (1) is received by the Member 
Secretary of the concerned local authority, he shall, within twenty-four 
hours from the receipt of such complaint,refer the same for decision to the 3
[Deputv Commissioner]who shall decide the question within thirty days after 
the receipt by him of the reference and his decision shall be final. Baron 
Jurisdiction of 
Courts. 
I/ :· Notwithstanding anything contained in anylaw, no Court shall have any jurisdiction 
rn respect of any matter connected with disqualification of a Member under this Act. Power to 
makeRules. 

8. The State Government may, by notification and after previous publication, make 
rules for carrying out the purpose of this Act. 
Explanation: In this section;- 
(1) "Member Secretary" means :- 
(a) in case of a Zila Parishad, the Member Secretary of the Zila Parishad; 
(b) in case of an Anchal Samiti, the Member Secretary of the Anchal Samiti. 
{c} in case of a Gram Panchayat, the Member Secretary of the GramPanchayat. 
(2) "Local Authority" means the Zila Parishad, Anchal Samiti and the Gram Panchayat. 4
[(3) ..... Omitted]. 
Power to 
makeRules .. 
I, 
NOTE: 1 [Omission of Fig '4'by 2006 Amendment Act. s2] 
2
[0mission of s 4 by 2006 Amendment Act. s3] 
3 [Substitution of word 'State Election Commissioner' by 'Deputy Commissioner' by 2006 Amendment Act. s4] 4 [Omission of SL No 3 of the explanations below section 8 by 2006 Amendment Act. sS] 

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