Amendment status not verified — confirm the current text below against the official source.
General disqualification for becoming a Councillor or Mayor- (1) No person shall be a Councillor or Mayor, who- (a) (i) has been convicted of annoffence punishable under section153-a, or section 171-E or Section 171-F, or sub-section (2) or sub-section (5) of Section 505 of the Indian Penal Code 1860 (No. 45 of 1860) or under the protection of Civil Rights Act, 1955 (No. 22 of 1955) or under section 125 of the Representation of the people Act, 1951 (No.43 of 1951) or Section 3 and 4 of the Dowry Prohibition Act, 1961 (No.28 of 1961) or Section 10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964(N0. 13 of 1964 unless a further period of six years has elapsed since his release after undergoing the sentence; (ii) has been convicted by a court in India,- (a) for an offence not falling under sub-clause(i) and sentenced to imprisonment for a period of not less than two years; or (b) for contravention of any provisions of the Madhya Pradesh Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam (N0.15 of 1984), or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs, unless a further period of six years has elapsed since his release after undergoing the sentence. Explanation.- In this clause, (a) ―Law providing for the prevention of hoarding or profiteering‖ means any law, or any order, rule or notification having the force of law provided for,- (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be brought or sold; (iii) the regulation of acquisition, possession storage, transportation, distribution, disposal, use or consumption of any essential commodity; Madhya Pradesh Municipal Corporation Act, 1956 14 | P a g e (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; (b) ‖drug‖ shall have the meaning assigned to it in the Drugs and cosmetics Act, 1940 (No. 23 of 1940); (c) ―essential commodity‖ shall have the same meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955); (d) ―food‖ shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954). (a-1) has, in proceedings for questioning the validity or regularity of an election or nomination been found to have been guilty of any corrupt practice, unless a period of five years has elapsed since the date of the finding of the disqualification has been removed by the State Government under Section 441-G; (b) has been removed from office under section 18,19-B or sub-section (3) of section 23 unless he has been relieved by Government from the disqualification arising on account of such removal from office; (bb) has been disqualified for further election or nomination as a Councillor or Mayor under Section 17-A unless he has been relieved by the Government from such disqualifications; (c) is an undischarged insolvent; (d) is of unsound mind and stands so declared by a competent court; (e) is less than twenty five years of age; in case of a Mayor and is less than twenty one years of age‘ in case of councilor. (f) is in the service of the Government or any local authority or is a Government pleader; (g) has directly or indirectly by himself or his partner, any share or interest in any work being done by order of the Corporation or in any contract or employment with or under , or by, on behalf of the Corporation. Explanation- A person shall not be deemed to have incurred disqualifications under this clause by reasons of his- (a) receiving a Government or municipal pension; (b) having any share or interest in- (i) any lease, sale or transfer of land; (ii) any agreement for the loan of money or any security for the payment of money only; (iii) any joint stock company except as a director or managing agent or any registered co- operative society. (iv) occupying as a tenant any premises belonging to the Corporation; (h) has been dismissed from Government or Municipal service on account of misconduct involving moral turpitude; (i) has any tax or dues, payable to the Corporation, standing against his name for a period exceeding one year, or (j) has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam. (k) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the State: Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty-one years; (l) has been convicted of an offence against women; (m) has more than two living children, one of whom is born on or after 26th January, 2001. Madhya Pradesh Municipal Corporation Act, 1956 15 | P a g e (n) has been disqualified under Section 14-C. (o) has any dues payable to the Madhya Pradesh state electricity board or its successor companies standing against his name for a period exceeding six months. (2) Disability from continuing as a Councillor or Mayor .- If any Councillor or Mayor during the term of which he has been elected or nominated- (a) becomes disqualified- (i) under sub-section (1) of Section 13 and his name is struck off from the electoral roll under sub-section (1-a) of that Section; or (ii) under sub-section (a) of this Section; (b) acts as a Councillor or Mayor in any matter- (i) in which he has directly or indirectly by himself or his partner, any share or interest, as is described in clause (g) of sub-section (1); or (ii) in which he is professionally interested on behalf of a client, principal or other person; or (c) absent himself during six consecutive months from the meeting of the Corporation except with the leave of the Corporation; or (cc) begets a child on or after 26th January,2001 which increases the number of his children to more than two, or (d) fails to pay any arrears of any kind due by him to the Corporation within three months after a notice in this behalf has been served upon him; (e) becomes disqualified for being chosen as and for being a Councillor or Mayor under Section 14-C. he shall subject to the provisions of sub-section (3) be disabled from continuing to be a Councillor or Mayor and his office shall become vacant‖ Provided that a disqualification under clause (a) of sub-section (1) shall not take effect until three months have elapsed from the date of conviction, or if within that period an appeals is field or application for revision is filed in respect of the conviction or the sentence until that appeal or application is disposed off by the Court. (3) Power to decide whether vacancy has occurred- In every case except the cease falling under clause (n) of sub-section (1) and clause (c) of sub- section (2) the authority competent to decide whether a vacancy has occurred under this Section shall be the Government. This decision may be given either on any application made by any person or suo motu until the Government decides that the vacancy has arisen, the Councillor or Mayor shall not be disabled under sub-section (2) from continuing to be a Councillor or Mayor. Provided that no order under this Section shall be passed against any Councillor or Mayor without giving him a reasonable opportunity of being heard. 17-A. Power to disqualify ex-Mayor, Speaker, etc.- (1) If as a result of audit report or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the Mayor, Speaker , Chairman or Member of a Committee constituted under this Act or a Councillor has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Corporation, Madhya Pradesh Municipal Corporation Act, 1956 16 | P a g e the State Government may notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election, or nomination as a Councillor or Mayor for such period not exceeding five years as may be specified by the State Government in such order. (2) No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation. 17-B. Oath or affirmation by the Mayor and the Councillor- (1) Every Mayor and every Councillor shall before taking part in the Election of Speaker in the first meeting of the Corporation or before entered upon his office, as the case may be, shall make and subscribe in the presence of the Collector an oath or affirmation in the following form:- I………the Mayor /elected Councilllor/ nominated Councillor of Municipal Corporation …………..swear in the name of the God/solemenly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will up hold the sovereignty and integrity of India, and I will faithfully and impartially perform my duties. (2) If the Mayor or Councillor does not take an oath under sub-section (1), it shall be deemed that such Mayor or Councillor, as the case may be, has not assumed his office. Provided that except with the permission of the Divisional Commissioner if any Mayor or Councillor, as the case may be, does not take an oath within three months from the date of his election or nomination, as the case may be, his seat shall be deemed to have been vacant ipso facto.