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Section 25: Disqualifications for 9*** 1Corporator

The Uttar Pradesh Municipal Corporation Act, 1959State Act of Uttar Pradesh · Act 2 of 1959

25. (1) A person shall, notwithstanding that he is otherwise qualified, be disqualified for being chosen as, and for being, [***] a [Corporator], if he-

[(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 [Corporation];

[(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 [Corporation];

(f) is in arrears in excess of one year's demand, of any tax payable to the [Corporation], to which section 504 applies or of any charges for water supplied by the [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 [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 [Corporation];

(j) [***] 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 [Chief Medical Officer] to be incurable of such disease;

[(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 [Municipal Council] or any other local authority exercising jurisdiction within the area which has since been [notified a city] shall for the purposes of clause (f) be deemed to be arrears of tax or water charges payable to the [Corporation].

(2) [ * * * * ]

(3) [ * * * * ]

(4) Having been elected as [***] or a [Corporator] a person shall be disqualified for continuing as [***] or a [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 [Corporation] or the [Municipal Commissioner] is interested or concerned, or

(ii) absents himself for six consecutive months from the meetings of the [Corporation], except on account of illness or any other cause accepted by the [Corporation].

[(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 [Mayor] or [ * * * ] or as a [Corporator] [***].

(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 [Uttar Pradesh Cooperative Societies Act, 1965] which shall contract with or be employed by the [Municipal Commissioner] on behalf of the [Corporation] ;

(ii) the occasional sale to the [Municipal Commissioner] on behalf of the [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.

[ (7) Any person who, after being elected as [Corporator], becomes disqualified under this section shall not remain a [Corporator] and his seat shall become vacant with effect from the date of incurring such disqualification.]

Where this provision sits

ActThe Uttar Pradesh Municipal Corporation Act, 1959
Section25
Marginal noteDisqualifications for 9*** 1Corporator
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted. Omit. by sec. 10(a) of U. P. Act no. 12 of 1977.
  • substituted. Subs. by sec. 4 of U. P. Act no. 14 of 1959.
  • substituted. Subs. by sec. 5(a) of U. P. Act no. 16 of 2004.
  • substituted. Subs. by sec. 2 of U. P. Act no. 15 of 1983.
  • omitted. Omit. by sec. 24(b) (i) of U. P. Act no. 12 of 1994.
  • substituted. Subs. by sec. 24 (b) (i) of U. P. Act no. 12 of 1994.
  • inserted. Ins. by sec. 24 (b) (ii) of U. P. Act no. 12 of 1994.
  • substituted. Subs. by sec. 24(b) (iii) Prov. of U. P. Act no. 12 of 1994.
  • substituted. Subs. by sec. 9 Prov. of U. P. Act no. 26 of 1995.
  • substituted. Subs. by sec. 3 of U. P. Act no. 12 of 1994.
  • omitted. Omit. by sec. 10(b) of U. P. Act no. 12 of 1977.
  • omitted. Omit. by sec. 10(c) of U. P. Act no. 12 of 1977.
  • omitted. Omit. by sec. 10(d) of U. P. Act no. 12 of 1977.
  • substituted. Subs. by sec. 2 of U. P. Act no. 16 of 2004.
  • inserted. Ins. by sec. 5(b) of U. P. Act no. 16 of 2004.
  • omitted. Omit. by sec. 8 U. P. Act no. 49 of 2007.
  • omitted. Omit. by sec. 10(e) of U. P. Act no. 12 of 1977.
  • substituted. Subs. by sec. 24(iii) of U. P. Act no. 12 of 1994.
  • inserted. Ins. by sec. 10(f) of U. P. Act no. 12 of 1977.

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