The MEMBERS OF ARUNACHAL PRADESH URBAN LOCAL BODIES (DISQUALIFICATlON ON GROUND OF DEFECTION) ACT, 2014.
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE MEUBERS OF ABUNACHAL PHADESH URBAN LOCAL BODIES
(DrsouALrFrcATloN oN GRoUND OF DEFECTTON) ACT, 2014.
(ACT NO. 5 0F 2014)
(Received the assent ol the Governor on 27lh March,2014 and
published in the Arunachal Pradesh E.O. Gazette No 77, Vol. XXI
dated 2lst April, 2014)
An
Act
to provide for disqualification of the members ol Urban Local Bodies in
Arunachal Pradesh on Ground of Defection.
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the
Sixtyjifth Year of the Hepublic of lndia as follows :
1. (1) This Act may be called the Members of Arunachal Short title,
Pradesh Urban Local Bodies (Disqualification on Extent and
Ground ol Defection) AcI,2014. commence-
(2) lt shall apply to all Urban Local Bodies in the ment.
State of Arunachal Pradesh.
(3) lt shall come into force on the date notified in the
official Gazette.
2. ln this Act, unless the context otheMise requires - Definition.
(i) "Member" means any elected person to any Urban
Local Body ;
(ii) "Political Party" has the same meaning assigned
to it in the Tenth Schedule to the Constitution lndia
and the central Acts relating to Political Parties
and Elections.
(iii) "Slate Election Commissioner" means the State
Election Commissioner appointed under Section
104 of theArunachal Pradesh Panchayal RajAct,
1997.
(iv) "Urban Local Body" means a Nagar Panchayat
or a Municipal Council or a Municipal Corporation,
as the case may be.
(v) All other words not expressly delined herein shall
have lhe same meanings assigned to them in
the Central and Arunachal Pradesh Acts.
Disqualification 3
on the ground
of defection.
Disqualfication
on the ground
of Defection
not to apply
in case of
merger.
2
(1) Subject to the provisions of sections 4, a member
of a Urban Local Body belonging to any political
party shall be disqualified for being such a
member-
(a) lf he has voluntarily given up his membership
ot such political party : or
(b) ll he voles or absEins lrom voting or remains
absent lrom any meeting meant lor voting in
a Urban Local Body contrary to any direction
issued by the political party to which he
belongsor any person orauthority authorised
by it in this behalt without obtaining the prior
permission ol such parly, person or authority
and such voting, abstenlion or absence has
not been condoned by such political party,
person or authority within lifteen days lrom
the date of such votirE or such abstention or
such absence :
Explanation -Fot the purposes ol this sub-section
a person elected as a member, shall be deemed to belong
to lhe political party, if any, by which he was set up as a
candidate lor election as such member ;
(2) A person elected as a member to a Urban Local
Body, otherwise than as a candidate set up by a
political party, shall be disqualified from being a
member if he joins any other political party after
such election.
4. (1) A member shall not be disqualilied under sutssection
(1)of sec{ion 3, where his political party merges 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 politicalparty or new
political party or group, as the case may be,
shall be deemed to be the political party to
4
Powers lo
make
ru les.
Provided that if the Chief Secretary also
functions as the State Election Commissioner
the appeal shall be made to the lilinisterin-
charge of Urban Local Bodies in the State.
(2) The Chiel Secretary shall lollow a summary
procedure of taking evidence and hearing the
parties concerned in accordance with thisAct and
other laws concerning dispensation of natural
justice. The decision on the appeal shall be
published in the official Gazette of the State.
7. The State Government may make rules for carrying
out the purposes of this Act and every such rule shall
be published in the Gazette and laid before the
Legislative Assembly at the earliest opportunity which
has the power to annul or modify the rules.
C.P Mansai
Secretary to the
Government of Arunachal Pradesh,
Itanagar.
Lex