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Section 16: Disqualifications for becoming a Councillor

Goa Municipalities Act, 1968Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 16 of 1968

(1) No person shall be qualified to become a Councillor 59[by election], who—

(a) 60[Omitted]

(b) has been removed from office under section 44 and five years have not elapsed from the date of such removal;

(c) has been disqualified under section 45 61[46] or under sub-sections (4), and (6) of section 62[47] and five years have not elapsed from the date of such disqualification; or

(d) has been disqualified under sub-section (11) or (12) of section 22 and the period for which he has been disqualified has not elapsed from the date of such disqualification; or

(e) is an undischarged insolvent; or

(f) is of unsound mind and stands so declared by a competent Court; or

(g) has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to a foreign State; or

(h) is a Judge; or

(i) is a subordinate officer or servant of the Government or any local authority or holds an office of profit under the Government or any local authority; or

(j) is in arrears (otherwise than as a trustee) of any sum due by him to the Council after the presentation of a bill therefor to him under section 63[147]; or

(k) save as hereinafter provided, has directly or indirectly, by himself or his partner, any share or interest in any work done by order of the Council or in any contract with or under or by or on behalf of the Council; or

(1) 64[omitted]

(2) A person shall not be deemed to have incurred disqualification under clause (k) of sub-section (1) by reason only of his—

(a) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same; or

(b) having a share or interest in any company or co-operative society which contracts with or be employed by or on behalf of the Council; or 285 59 Subsitituted by the Amendment Act 7 of 1998.

60 Omitted by the Amendment Act 13 of 1994.

61 Subsitituted by the Amendment Act 7 of 1998.

62 Substituted by the Amendment Act 13 of 1994.

63 Substituted by the Amendment Act 13 of 1994.

64 Omitted by the Amendment Act 13 of 1994.

Manual of Goa Laws (Vol. III) – 286 – Municipality Act

(c) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Council may be inserted; or

(d) holding debentures or being otherwise interested in any loan raised by or on behalf of the Council; or

(e) having a share or interest in the occasional sale to the Council of any article in which he regularly trades, or in the purchase from the Council of any article, of a value in either case not exceeding in any official year two thousand rupees, or such higher amount not exceeding ten thousand rupees as the Council with the sanction of the Government may fix in this behalf; or

(f) having share or interest in the occasional letting out on hire to the Council or in the hiring from the Council of any article for an amount not exceeding in any official year two hundred rupees, or such higher amount not exceeding one thousand rupees as the Council with the sanction of the 65[Director] may fix in this behalf; or

(g) being a party to any agreement made with the Council for paying fixed charges or lump sum in lieu of any taxes or for construction of any drainage or water connections for his premises.

(3) A person shall not be deemed to have incurred disqualification under clause (e) of sub-section (1) by reason only of his being an officer or member of a co-operative society which advances or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the Council.

Where this provision sits

ActGoa Municipalities Act, 1968
Section16
Marginal noteDisqualifications for becoming a Councillor
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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