Section 82: Penalty on member of President acquiring interest in contract, etc

Uttar Pradesh Municipalities Act, 1916State Act of Uttar Pradesh · Act 2 of 1916

82. (1) A [member or President] of a Municipality who, otherwise than with the permission in writing of the [Prescribed Authority] knowingly acquires or continues to have, directly or indirectly, by himself or his partner, any [share or interest, whether pecuniary or of any other nature] in any contract or employment, with, by, or on behalf of the Municipality, shall be deemed to have committed an offence under section 168 of the Indian Penal Code :

(2) Provided that a person shall not be deemed for the purposes of sub-section (1) to acquire, or continue to have, any [share or interest, whether pecuniary or of any other nature] in a contract or employment by reason only of his -

(a) having a [share or interest, whether pecuniary or of any other nature] in any lease, sale or purchase of land or buildings, or in any agreement for the same, Provided that such [share or interest, whether pecuniary or of any other nature] was acquired before he became a member, or

(b) having a share in a joint stock company which shall contract with, or be employed by, or on behalf of, the Municipality, or

(c) having a [share or interest, whether pecuniary or of any other nature] in a newspaper in which can advertisement relating to the affairs of the Municipality is inserted, or

(d) holding a debenture or otherwise being interested in a loan raised by, or on behalf of, the Municipality, or

(e) being retained by the Municipality as a legal practitioner, or

(f) having a [share or interest, whether pecuniary or of any other nature] in the occasional sale of an article in which he regularly trades to the Municipality to a value not exceeding, in any one year, such amount as the Municipality, with the sanction of [the State Government], fixes in this behalf, or

(g) being a party to an agreement made with the board under the provisions of section 196 (c) or of section 229.

Where this provision sits

Act	Uttar Pradesh Municipalities Act, 1916
Section	82
Marginal note	Penalty on member of President acquiring interest in contract, etc
Jurisdiction	State of Uttar Pradesh
Status	In 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. The words (in the name of the Secretary of State in Council) omit. by A. O. 1937.
substituted, U. P. Act XV of 1951. In accordance with section 2 (1) of Uttar Pradesh Municipalities (Supplementary and Validation) Act, 1951, (U. P. Act XV of 1951) (see Appendix to this Act), during the period commencing from June 21, 1949, and until a new board is constituted by the first General Elections held under the U. P. Municipalities act, 1916, next after the commencement of the aforesaid Act XV of 1951 for the word "pre…
substituted, Act XXXVIII of 1920. Subs. by A. O. 1950 for (Provl. Govt.), which had been Subs. by the A. O. 1937 for (L.G.) Which Subs. by sec. 2 and Sch. I of Act XXXVIII of 1920
substituted. Subs. by sec. 46 of U. P. Act no. 27 of 1964.
substituted, U. P. Act VII of 1949. Subs. for (member) by sec. 58 of U. P. Act VII of 1949.
substituted. Subs. by A. O. 1950 for (the Provl. Govt.), which had been Subs. by the A. O. 1937 for (the Govt.).

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