Amendment status not verified — confirm the current text below against the official source.
Disqualifications of being a Councillor.- (1) A person shall be disqualified in the following circumstances for being chosen as a Councillor if he,- (a) has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term not less than two years: Provided that,- (i) the offence is one which involves moral turpitude and 26 (ii) such sentence has not been reversed or quashed or the offence not pardoned; or (b) is so disqualified under any provision of the Constitution or by or under any law for the time being in force relating to elections to the State Legislative Assembly; or (c) if he holds any office of profit under the Government of India or the Government of any State specified in the first schedule to the Constitution of India, or under any local or other authority subject to the control of any of the said Governments other than such offices as are declared by rules made under this Act not to disqualify the holder; or (d) if he has been dismissed from service under a local authority or from Government service; or (e) if, having been a legal practitioner, he has been dismissed or suspended from practice by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or (f) if is he is of unsound mind and stands so declared by a competent court; or (g) if he is an un-discharged insolvent; or (h) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State; or (i) if he is so disqualified by any law for the time being in force for the purposes of election to the State Legislature: Provided that, no person shall be disqualified on the ground that he is less than twenty five years if he has attained the age of twenty one years. (j) If he has, directly or indirectly, by himself or his partner, any share or interest in any work done by order of the Corporation, or in any contract or employment with or under, or by or on behalf of the Corporation. (k) if he has in proceedings questioning the validity or regularity of an election been found to have been guilty of,- (i) any corrupt practice, or (ii) any offence punishable under section 171E or section 171F of the Indian Penal Code 1860, or any offences pertaining to election unless a period of six years has elapsed since the date of the finding or the disqualification has been removed by order by the Government: (l) If he fails to file Accounts of election expenses intime. (2) If any councillor during the term for which he has been elected,- (a) becomes subject to any disqualification specified in sub-section (1), or (b) votes or takes part as a councillor in the discussions of any matter,- (i) in which he has conflict of interest; or (ii) in which he is engaged at the time in any proceeding against the Corporation; or (c) absents himself from the meetings of the Corporation during three consecutive months except with the leave of the Corporation: Provided that, no such leave shall be granted in case of absence from the meetings of the Corporation during a period exceeding six consecutive months: 27 Provided further that, when an application is made by a councillor to the Corporation for leave to absent himself and the corporation fails to inform the applicant of its decision on the application within a period of seven days from the date of the application, the leave applied for shall be deemed to have been granted by the Corporation. The Chief Commissioner may, either suomotu or on a report made to him, after such enquiry as he deems fit, by order, decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within seven days from the date of receipt of the report or where action is taken suomotu, within thirty days from the initiation thereof. (3) Any person aggrieved by the decision of the Chief Commissioner under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government and the orders passed by the Government on such appeal shall be final: Provided that, no order shall be passed under sub-sections (2) and (3) against any councillor without giving him a reasonable opportunity of being heard.