Bare ActsThe Gauhati Municipal Corporation Act, 1969

Section 45

a person shall not be qualified to be chosen Councillor-a s a councillor unless his name is registered as an ship

Amendment status not verified — confirm the current text below against the official source.

a person shall not be qualified to be chosen Councillor-a s a councillor unless his name is registered as an ship." * elector in the electoral roll for any ward in the city: Disqualifies- 47_ (J) A person shall be disqualified for being Councillor- chosen as, and for being, a councillor ship of Cor* poration, (a) if he is of unsound mind and stands s o declared by a competent court ; (b) if he is an undischarged insolvent; (c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign State ; (d) if he holds any office of profit under the Government or under the Corporation or under any other local authority ; (e) if he has in proceedings for questioning the validity or regularity of an election been found to be guilty of— (i) any corrupt practice, or (ii) any offence punishable under section 171-E or Section 171 -F of the Indian Penal Gode unless a period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively bv the Govern­ ment. 57 f) if he has been sentenced on conviction by a criminal court to imprisonment for any of the offences referred to in clause (e) or to imprisonment for an offence involving m o r a l t u r p i t u d e unless in each case a period of five years has elapsed since the date of the convic­ tion or the disqualification has been removed either retrospectively or prospectively by the Government ; (g) if he is directly interested in any subsisting contract made with, or any work being done for the Corporation * except as a shareholder (other than a director) in an incorporated com­ pany or as a member of a co­ operative society ; t (h) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity in connection with any cause or proceedings in which the Corporation or any of the municipal authorities is interested or concerned ; (i) if he fails to pay any arrears of any ♦ kind, due from him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him. (2) Notwithstanding anything contained in sub-section (1)— (a) a person shall not be deemed to have incurred any disqualification under clause (d) of that sub-section by reason only of his receiving— (i) any pension ; or (ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a Councillor ; or fjii) any fee toi attending a meeting of any committee of the Corporation; 58 (b ) a disqualification under clauses (e) and (f) oi sub-section (1) shall not take effect until three months have elapsed since the date of such disqualification or if within the period of limitation for sub­ mitting an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed o f; or » i ;) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (h) of that sub-section by reason only of his having share or interest in— (il any lease, sale, exchange or purchase of immovable property or any agreement for the same ; or (ii) any agreement for the loan of money or any security for the payment of money ; or (iii'l any newspaper in which any advertise­ ment relating to the affairs of the Corporation is inserted ; or (iv) the sale to the Corporation or to any municipal authority or any employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or the pur­ chase from the Corporation or from any such authority, or any such employee on behalf of the Cor­ poration, of any article of a value in either case not exceeding two thousand rupees in the pgreegate in any year during the period of the contract or work ; or (v) the letting out on hire to the Corpora­ tion or the hiring from the Cor­ poration of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work ; Or fvi) any agreement or contract with the Corporation or any municipal authority for taking water or elec­ tricity or any other thing which the Corporation may generally supply. 59 (3) If a person sits or votes as a Councillor of the Corporation when he knows that he is not qualified or that he is disqualified to be a Councillor he shall be liable in respect of each day on which he so sits or votes to a penalty of two hundred and fifty rupees to be recovered as an arrear of tax under this Act. Disqualities from continuing as Councillor.

Section 45 – The Gauhati Municipal Corporation Act, 1969 | DailyLaw.ai