(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality or to be nominated by the Administrator under clause (a) of subjection (2) of section 9,— Disqualifification memberhip.
(a) if he holds any office or profit under the Government of India or the Government of any State or Union Territory in the First Schedule to the Constitution other than an offl.ee declared by Parliament or the Legislature of thai State or that Union territory by law, not to disqualify its holders;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he has been convicted by a criminal court for—
(i) an offence punishable under the Protection of Civil Rights Act, 1955 unless a period of six years has elapsed from the date of such conviction:
Provided that a disqualification under this clause shall not, in the case of a person who on the date of the conviction is a member, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction until that appeal or application is disposed of by the court;
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (&) any. other offence -ancLs«RtqjiCed--to imprisonment-for a team exceeding six months, unless a period of one year has -elapsed since the expiry of the sentence;
(f) it he has directly or indirectly any share or interest in any work done for the Municipality or in any contract or employment, with, by, or on behalf of, the Municipality;
Provided that no person shall be deemed to have a share or interest in any such work, contract or employment by reason only of his—
(i) having a share in any company or firm which may contract with or be employed by or on behatf of the Municipality, or (H) having a share or Interest in any news paper in which any advertisement relating to the affairs of the Municipality may be inserted, or (Hi) having a share or interest in any lease, sale exchange or purchase of immovable property or any agreement for the same, or
(iv) having a share or interest in the occasional sale to the Municipality to a value not exceeding two thousand rupees in any one financial year, of any article in which he trades;
(g) if he has been dismissed from the service under Government for corruption or disloyalty to the State, or from service any Municipality for corruption unless a period of three years has elapsed since his dismissal;
(h) if he is so disqualified by or under any law made by Parliament for being chosen as, or for being, a member of either House of Parliament;
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.
Explanation.—For the purposes of this sub-section a person shall not be deemed t0 hold an office of profit under the Government of India or the Government that hp is a Minister either for the Union or for such State or In any Union territory or that he is a member of the House of the people.
(2) A person shall be disqualified for being a member if he is disqualified for being a member of either House of Parliament under the Tenth Schedule to the Constitution.
(3) No person is in the service of Government shall be eligible for being elected as a member.
(4) If any question arises as to whether a member of a Municipality has become subject to any disqualification mentioned in sub-section (1) or sub-section (2)1 of section 21 the question shall be referred for the decision of the Administrator and his decision shall be final.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(5) Before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.