(1) No person shalljbe qualified tor being @acted as#@ councillor or Qualification I Chairperson- and disqua11- fiation for being eleated as councilllo~ or C hairparson
(a) unless his name is included in the electoral roll in any, one of the tYards of the municipality ;
( 0 ) unless he has eompleted twenty-one years of age on the date of notification of election notice ,' ,
(a) itlhe is an bfficer or ernplgye; either whole time or part time of the Central or State Government or any local authority, or body corporate owned or controlled by: tile Central or State Government. remunerated by either salary or f ces or honoraria.
(2) A person standing for election as a councillor or Charperson shall have a0 share or interest, in any contract or em~loyment with, by or on behalf of the iuunicipality.
(3) Alperson standing for election as a councillor or Chairperson must have paid all amount due to the municipality.
,/4) A person wbo bas been sentenced by a criminal court to imprisonment for life or to.imprisonment for a period of more than six months fof any. offence I other than an offence of a political character or an offence not involving mord delinquency (such sentence not having been reversed or the offence pardoned) shall I be disqualified for being elected as a councillor or Chairperson while undergoing the sentence , and for a furlher period offlve years from the date of the expiration of the sentence. I , , \ , , ,
(6) A shall' be disquali&d for being dected as a councillor or Chalra person if such person is, 9n the date of fiiing the uomination,-- ! . I 1 : f
(a) of unsoud,&d and iiidecldred so by ths competent court having jurisdiction ;
(b) an uadischarged insolvent art an applicant to be adjudicated as an insoivent'. ' ' I I , , , ! I 8 I . ' '(c) ' directly d i ,indirectly, !by himself or through his partner or through his family member interested In a subsisting contract made with or an:
war% be& Qqne for , the,mvrlicina~itv , except as a sharef.older (other than a director) 1 . I ./ a cam pa^,;,, ,', , , , + , , , , I , l r J %xdiination.-+br$the ouwose ,cf, ,jkfs, clausc, the expression "fani!~" in relhtiori to a petson rnsans n,per~od.vthe:wife or husband, as the case may be, tlf suoh person and I he sons, eaughters in law, unmarried daughter S, lbrbthem.
uamarried sisters, fa\.her an$ w~ther:
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Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-
(i) any lease, sale or purchase of immovable property or any agree- , ment for the same ;
(ii) any agreement for the loan of noneyor any security for the payment of money only ;
(iii) any newspaper in which any advertisement relating to the affairs of the municipality is inserted :
- (iv) any colnpany or association, whether i~ corporated or not, which contracts with the municipality for lighting or supplying water to aqy.part of the municipality or insuring against fire or izny property of the munlclpal~ty :
Provided furthcr that where any contract lias been f~llly perfor~ned by the person by whom it has been entered into with the municipality then sucl-, contract shall be deemed not to subsist by reason of the fact that the municipality has not performed its part of the contract either wholly or in part ;
( '\ employed as paid legal practitioner on bchalf of the municipality or as legal practitioner against the municipality ;
(e) a representative or office bearer of any association or union re-- presenting or purporting to represent, any section of the municipal establishrneni or any class of employees of the municipality;
( I ) already a councillor whos? term ot ofice as such will not explre before the conduct of fresh election or has already been elected as a councillor trhose term of office has not yet commenced;
(g) in arrears ot any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous year;
(h) disqualified to stand for being elected &her as a member of t'h Legislative Assembly or as a member ot Parliament ;
( t ) a person who having held an office under the Central or State Government or local body has been dismissed from such office for corruption or for disloyalty to the State.
(7) A pelson convicted of an offence punishable under any of the p~ovisions of sections 13 to 26 of this Act or under Chapter IX-A of the Indian Penal Code Central Act shall be disqualitted for being elected as a councillor or Chairperson.
I ELECTION OFFENCES.
Intringem~..~ 13, Every officer, clerk, agent 01 other person performing any duty in sf secrecy of connection with the recordir g or counting of votes at an election who? except for sleetion. some pu ose authorised b j law, communicatas to any person, any ~nformatioa '8. showing lrectly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such ~nformation, shall be puuished with imprisonment whiah may extend to six months or with flne, or with - both.
Minimum 14. Notwithstanding anything contained ln sactionl?i-F 01. the Indian Penal Central penal! y for Code any person who in connection with an election under thrs Act commlts XLV o personation at an offence of personation puni~hable under that section, shall be punished with an election. imprisonment for a term whffib shall not be lass than six months and not more than two yean and with fl ae.
. ~ o ~ u o t i n g 15. Anyperson who in oouneotion with au alection under this Act promotes cnmity between or attempts to promote on grounds of religion, race, caste, community or lanauage, classes ill . feelings of enmity or hatred between different classes of the citizens of India shall o onnection be panished with imprisonment for a term whicb may extend to three years, or itb decrion. with Fine or with both.
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