Disqualifications for 9*** 1Corporator

§25

Summary

25. (1) A person shall, notwithstanding that he is otherwise qualified, be disqualified for being chosen as, and for being, 1[***] a 1[Corporator], if he- 2[(a) Whether before or after the commencement of this Act has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of five years or such less period as the State Government may allow in any particular case, has elapsed since his release.] (b) is an undischarged insolvent ; (c) holds any place of profit in the gift or disposal of the 1[Corporation]; 3[(d) is in the service of a State Government or the Central Government or any local authority or any undertaking or body owned or controlled by the State Government or the Central Government or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate or an Honorary Munsif or an Honorary Assistant Collector.] (e) has whether by himself or by any person in trust for him or for his benefit or to his account, any share or interest in a contract for supply of goods to, or for the execution of any works or the performance of any services undertaken by the 1[Corporation]; (f) is in arrears in excess of one year's demand, of any tax payable to the 1[Corporation], to which section 504 applies or of any charges for water supplied by the 1[Corporation]; (g) having held any office under the Government of India or the Government of any State he has been dismissed for corruption or disloyalty to the State, unless a period of 4[six years] has elapsed since his dismissal; (h) is debarred from practicing as a legal practitioner by order of any competent authority ; (i) is disqualified under section 80 or 83 of this Act from being a member of a 1[Corporation]; (j) 5[***] is suffering from any of the infectious diseases to be specified by the State Government by order and has been declared by a medical officer not below the rank of a 6[Chief Medical Officer] to be incurable of such disease; 7[(k) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years :] Provided that in the case of sub-clause (f), the disqualification shall cease as soon as the arrears are paid : Provided further that arrears of any tax or water charges due to the 8[Municipal Council] or any other local authority exercising jurisdiction within the area which has since been 9[notified a city] shall for the purposes of clause (f) be deemed to be arrears of tax or water charges payable to the 1[Corporation]. (2) 10[ * * * * ] (3) 11[ * * * * ] (4) Having been elected as 12[***] or a 1[Corporator] a person shall be disqualified for continuing as 12[***] or a 1[Corporator] if he- (i) is retained or employed in any professional capacity either personality or in the name of a firm in which he is a partner or with which he is engaged in a professional capacity in connection with any cause or proceeding in which the 1[Corporation] or the 13[Municipal Commissioner] is interested or concerned, or (ii) absents himself for six consecutive months from the meetings of the 1[Corporation], except on account of illness or any other cause accepted by the 1[Corporation]. 14[(iii) has created an obstacle in a meeting of the Corporation in such manner that it becomes impossible for the Corporation to conduct its business in the meeting or instigated someone to do so ; or (iv) has misbehaved with any officer or employee of the Corporation ; or (v) has directly or indirectly caused any loss or damage to any property of the Corporation or abets any other person to cause such loss or damage ; or (vi) is convicted for an offence which, in the opinion of the State Government involves moral turpitude ;] (5) A person shall not be deemed to have incurred any disqualification under clause (c) of sub-section (1) by reason only of his receiving- (i) any pension, (ii) any allowance or facility for serving as the 15[Mayor] or 16[ * * * ] or as a 1[Corporator] 17[***]. (6) A person shall not be deemed to have incurred disqualification under clause (e) of sub-section (1) by reason merely of his having any share or interest in- (i) any joint stock company or any society registered or deemed to be registered under the 18[Uttar Pradesh Cooperative Societies Act, 1965] which shall contract with or be employed by the 1[Municipal Commissioner] on behalf of the 1[Corporation] ; (ii) the occasional sale to the 13[Municipal Commissioner] on behalf of the 1[Corporation] of any article in which he regularly trades to a value not exceeding in the aggregate in any one calendar year two thousand rupees. 19[ (7) Any person who, after being elected as 1[Corporator], becomes disqualified under this section shall not remain a 1[Corporator] and his seat shall become vacant with effect from the date of incurring such disqualification.]

25. (1) A person shall, notwithstanding that he is otherwise qualified, be disqualified for being chosen as, and for being, 1[***] a 1[Corporator], if he- 2[(a) Whether before or after the commencement of this Act has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of five years or such less period as the State Government may allow in any particular case, has elapsed since his release.] (b) is an undischarged insolvent ; (c) holds any place of profit in the gift or disposal of the 1[Corporation]; 3[(d) is in the service of a State Government or the Central Government or any local authority or any undertaking or body owned or controlled by the State Government or the Central Government or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate or an Honorary Munsif or an Honorary Assistant Collector.] (e) has whether by himself or by any person in trust for him or for his benefit or to his account, any share or interest in a contract for supply of goods to, or for the execution of any works or the performance of any services undertaken by the 1[Corporation]; (f) is in arrears in excess of one year's demand, of any tax payable to the 1[Corporation], to which section 504 applies or of any charges for water supplied by the 1[Corporation]; (g) having held any office under the Government of India or the Government of any State he has been dismissed for corruption or disloyalty to the State, unless a period of 4[six years] has elapsed since his dismissal; (h) is debarred from practicing as a legal practitioner by order of any competent authority ; (i) is disqualified under section 80 or 83 of this Act from being a member of a 1[Corporation]; (j) 5[***] is suffering from any of the infectious diseases to be specified by the State Government by order and has been declared by a medical officer not below the rank of a 6[Chief Medical Officer] to be incurable of such disease; 7[(k) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years :] Provided that in the case of sub-clause (f), the disqualification shall cease as soon as the arrears are paid : Provided further that arrears of any tax or water charges due to the 8[Municipal Council] or any other local authority exercising jurisdiction within the area which has since been 9[notified a city] shall for the purposes of clause (f) be deemed to be arrears of tax or water charges payable to the 1[Corporation]. (2) 10[ * * * * ] (3) 11[ * * * * ] (4) Having been elected as 12[***] or a 1[Corporator] a person shall be disqualified for continuing as 12[***] or a 1[Corporator] if he- (i) is retained or employed in any professional capacity either personality or in the name of a firm in which he is a partner or with which he is engaged in a professional capacity in connection with any cause or proceeding in which the 1[Corporation] or the 13[Municipal Commissioner] is interested or concerned, or (ii) absents himself for six consecutive months from the meetings of the 1[Corporation], except on account of illness or any other cause accepted by the 1[Corporation]. 14[(iii) has created an obstacle in a meeting of the Corporation in such manner that it becomes impossible for the Corporation to conduct its business in the meeting or instigated someone to do so ; or (iv) has misbehaved with any officer or employee of the Corporation ; or (v) has directly or indirectly caused any loss or damage to any property of the Corporation or abets any other person to cause such loss or damage ; or (vi) is convicted for an offence which, in the opinion of the State Government involves moral turpitude ;] (5) A person shall not be deemed to have incurred any disqualification under clause (c) of sub-section (1) by reason only of his receiving- (i) any pension, (ii) any allowance or facility for serving as the 15[Mayor] or 16[ * * * ] or as a 1[Corporator] 17[***]. (6) A person shall not be deemed to have incurred disqualification under clause (e) of sub-section (1) by reason merely of his having any share or interest in- (i) any joint stock company or any society registered or deemed to be registered under the 18[Uttar Pradesh Cooperative Societies Act, 1965] which shall contract with or be employed by the 1[Municipal Commissioner] on behalf of the 1[Corporation] ; (ii) the occasional sale to the 13[Municipal Commissioner] on behalf of the 1[Corporation] of any article in which he regularly trades to a value not exceeding in the aggregate in any one calendar year two thousand rupees. 19[ (7) Any person who, after being elected as 1[Corporator], becomes disqualified under this section shall not remain a 1[Corporator] and his seat shall become vacant with effect from the date of incurring such disqualification.]

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