Bare ActsThe kerala Muncipality Act

Section 143

OATH OR AFFIRMATION

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

OATH OR AFFIRMATION.— 27[(1) The Government, after each general election shall nominate a member elected as Councillor for convening" the first meeting of the Municipality and before convening such meeting he shall make and subscribe an oath or affirmation in the form specified in the Third Schedule for the purpose before the officer nominated by the Government in this behalf Provided that the member nominated by the Government shall, a far as possible, be the eldest among the Councillors elected in the Municipality. (1 A) All other Councillors shall before assuming charge of their office, make and subscribe an oath or affirmation, in the form set out for this purpose in the Third Schedule, before the Councillor nominated under sub-section (1), on the date specified by the Government and before the date fixed by the State Election Commission for conducting the election of the Chairperson under sub-section (1) "of Section 12. (IB) A Councillor who was not able to make an oath or affirmation under sub-section (1A) or a Councillor elected in the bye-election may make such oath or affirmation before the Chairperson.] (2) The Chairperson and the Deputy Chairperson shall also, before entering upon their offices, make and subscribe an oath or affirmation in the form set out in the said Schedule. The Chairperson shall make and subscribe such oath or affirmation before the Officer authorised by the Government in this behalf, and the Deputy Chairperson shall make and subscribe such oath or affirmation before the Chairperson after the Chairperson has been elected. (3) No Councillor who has not taken an oath or affirmation 28[under sub-section (1A) or under sub- section (IB)] shall vote or take part in the proceedings of any meeting of the Municipality, nor shall be included as a member of any of the Committee constituted by the Municipality. 29[(4) The Government may by notification in the Gazette, declare the office of Councillor as vacated in his own motion where such a Councillor has not assumed charge of his office by making an oath or affirmation without sufficient cause within a maximum period of thirty days from the date by which he was elected as a Councillor.] 30 [143A. COUNCILLORS TO DECLARE ASSETS.— A Councillor shall within three months from the date of assuming his office submit a statement of assets and liabilities of himself and of other members of his family in the prescribed form, before the competent authority as may be authorised by the Government by notification in this behalf: Provided that a person who is a Councillor at the time when this Act comes into force, shall submit such a statement before the competent authority, before the date specified by the Government in this behalf. (2) Where a Councillor after submitting a statement under sub-section (1), acquires any further assets in his name or in the name of any other members of his family, or disposes of or mortgages any property specified in the statement, he shall submit a statement to that effect before the competent authority within three months from the date of such acquisition or disposal or mortgage; as the case may be. (3) A Councillor who makes a statement under-sub-section (1) and sub-section (2) which is false or which he knows or believes to be false or does not believe to be true; shall be liable to be produced against that Councillor in accordance with law for giving such false declaration. (4) Where a Councillor fails to submit the statement before the competent authority within the date specified under sub-section (1) and sub-section (2), action may be taken to disqualify him from continuing as a Councillor under Section 91.

Section 143 – The kerala Muncipality Act | DailyLaw.ai