CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Disqualificaiton for membership.

§13D

Summary

13-D. A person, notwithstanding that he is otherwise qualified, shall be disqualified for being chosen as, and for being, a member of a Municipality if he - 1[(a) is a dismissed servant of a local authority and is debarred from re-employment thereunder ; or (aa) having held any office under the Government of India or the Government of any State has been dismissed for corruption or disloyalty to the State, unless a period of six year has elapsed since has dismissal or ] (b) is debarred from practicing as all legal practitioner by order of any competent authority ; or (c) holds any place of profit in the gifts or disposal of the 2[Municipality] ; or (d) is disqualified under section 27 or 1 ; or (e) 3[ * * * * ] (f) is in the service of the State or the Central Government or any local authority, 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 ; or (g) is in arrears in the payment of municipal tax or other dues in excess of one years demand to which section 166 applies ; or (h) 4[ * * * * ] (i) is an undischarged insolvent or ; 5[(ii) has been convicted of any offence punishable with imprisonment under section 171-E or an offence punishable under section 171-F of the Indian Penal Code, 1860 ; or ] 6[(j) has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the U. P. Control of Supplies (Temporary Powers) Act, 1947, as re-enacted by the U. P. Control of Supplies (Temporary Powers) Act, 1953, or the Prevention of Food Adulteration Act, 1954 or for an offence which is declared by the State Government to involve such moral turpitude as to reader his unfit to be a member, or had been ordered to execute a bond for good behavior in consequence of proceedings under section 109 or 110 of the Code of Criminal Procedure, 1898 such sentence or order not having been subsequently reversed : ] Provided that in cases of (a) and (b) the disqualification may be removed by an order of the State Government in this behalf : Provided further that in case of (g) the disqualification shall cease as soon as the arrears are paid : 7[ Provided also that in case of (j) - (i) the disqualification shall cease on the expiry of five years from the date of his release or from the date of the expiry of the period for which he is required to execute a bond for good behavior, as the case may be ; and (ii) the disqualification shall not, in the case of a person who is, on the date of the disqualification, a member of the 2[Municipality] take effect until three months have elapsed from the date of such disqualification of if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of. ] [Explanation - A Government treasurer shall not be deemed to be in the service of the State or of the Central Government within the meaning of clause (f). ] 8[(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. ]

13-D. A person, notwithstanding that he is otherwise qualified, shall be disqualified for being chosen as, and for being, a member of a Municipality if he - 1[(a) is a dismissed servant of a local authority and is debarred from re-employment thereunder ; or (aa) having held any office under the Government of India or the Government of any State has been dismissed for corruption or disloyalty to the State, unless a period of six year has elapsed since has dismissal or ] (b) is debarred from practicing as all legal practitioner by order of any competent authority ; or (c) holds any place of profit in the gifts or disposal of the 2[Municipality] ; or (d) is disqualified under section 27 or 1 ; or (e) 3[ * * * * ] (f) is in the service of the State or the Central Government or any local authority, 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 ; or (g) is in arrears in the payment of municipal tax or other dues in excess of one years demand to which section 166 applies ; or (h) 4[ * * * * ] (i) is an undischarged insolvent or ; 5[(ii) has been convicted of any offence punishable with imprisonment under section 171-E or an offence punishable under section 171-F of the Indian Penal Code, 1860 ; or ] 6[(j) has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the U. P. Control of Supplies (Temporary Powers) Act, 1947, as re-enacted by the U. P. Control of Supplies (Temporary Powers) Act, 1953, or the Prevention of Food Adulteration Act, 1954 or for an offence which is declared by the State Government to involve such moral turpitude as to reader his unfit to be a member, or had been ordered to execute a bond for good behavior in consequence of proceedings under section 109 or 110 of the Code of Criminal Procedure, 1898 such sentence or order not having been subsequently reversed : ] Provided that in cases of (a) and (b) the disqualification may be removed by an order of the State Government in this behalf : Provided further that in case of (g) the disqualification shall cease as soon as the arrears are paid : 7[ Provided also that in case of (j) - (i) the disqualification shall cease on the expiry of five years from the date of his release or from the date of the expiry of the period for which he is required to execute a bond for good behavior, as the case may be ; and (ii) the disqualification shall not, in the case of a person who is, on the date of the disqualification, a member of the 2[Municipality] take effect until three months have elapsed from the date of such disqualification of if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of. ] [Explanation - A Government treasurer shall not be deemed to be in the service of the State or of the Central Government within the meaning of clause (f). ] 8[(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. ]

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