(1) A person shall not be eligible for election or appointment General as a Councillor if such person— ti f isqulifteaor a
(a) has been adjudged by a competent court to be of unsound Councillor.
mnd; or
(b) is under twenty-one years of age; or
(c) is an undischarged insolvent; or
(d) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(e) holds any office of profit under the Municipalily; or
(f) has, directly or indirectly by himself or by his partner or employer or any employee, any share or interest in any contract or employment with, by, or on behalf of, the Municipality; or
(g) is in the service of, or receives remuneration from, the Central or the State Government or the Municipality;
or
(h) has been elected to, or appointed under, any other Municipality or any Municipal Corporation or any Gram Panchayat or Panchayat Samiti or Zilla Parishad or the Council:
Povided that notwithstanding anything contained in clause (f), no person shall be deemed to be disqualified thereunder by reason only of his having a share or interest in—
(i) any lease, sale or purchase of land or any agreement for the same; or
(ii) any agreement for the loan of money or any security for the payment of money only; or
(iii) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted; or
(iv) any incorporated or registered company which contracts with, or is employed by, the Municipality.
227 The West Bengal Municipal Act, 1993.
[West Ben. Act Election of ineligible persons and disqualifications subsequently incurred.
Voting.
Corrupt practices.
Penal provision for corrupt practices.
(Part 11.—The Municipal Areas.—Chapter IV.—Election of Councillors.—Sections 37-40.)
(2) If any person is or has been convicted by a criminal court of an offence, punishable with imprisonment, for a period of not less than two years, such person shall not be eligible for election or appointment as a Councillor for five years from the date of expiration of the sentence.
(3) If any question arises as to whether any person or any Councillor has become subject to any of the disqualifications mentioned in subsection (1) and sub-section (2), the question shall be referred for decision to such authority and in such manner as may be notified by the State Government from time to time.