Amendment status not verified — confirm the current text below against the official source.
Disqualifications for being a councillor.— (1) A person shall be disqualified for being elected 5[* *] 6[* *] and for being councillor if such person— 7[(a-1) has been so disqualified by or under any law,— (i) for the time being in force for the purpose of elections to the Legislature 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; (ii) made by the Legislature of the State of Maharashtra; or] 8[(a) has, at any time after the commencement of section 2 of the Maharashtra Municipal Corporations (Amendment) Act, 1970 (Mah. XIII of 1971), been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505 of the Indian Penal Code (XLV of 1860): Provided that, such disqualifications shall be for a period of six years from the date of such conviction; or] 9[(aa) has been removed from the office under section 18-1A and five years have not elapsed from the date of such removal; or] 10[(b) has been convicted by a Court in India of any offence involving moral turpitude, unless a period of six years has elapsed since the date of such conviction; or] 11[(ba) has more than two children: Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (Mah. XLIII of 2000) (hereinafter in this clause referred to as “the date of commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase: Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause; Explanation.— For the purposes of this clause,— 1 The brackets and figure “(1)” were deleted by Mah. 6 of 1980, s. 2(a). 2 These words were substituted for the words and figures “unless his name is included in Part-I of the final roll of some ward” by Mah. 20 of 1980, s. 2. 3 Words repealed by Bom. 6 of 1922, s. 6, are omitted. 4 Sub-section (2) was deleted by Bom. 13 of 1938, s. 9(1). 5 The words “or appointed” were deleted by Bom. 13 of 1938, s. 10. 6 The words “co-opted” which were added by Bom. 6 of 1922, s. 8 and which were deleted by Bom. 17 of 1931, s. 4, are omitted. 7 Clause (a-1) was inserted by Mah. 41 of 1994, s. 14(a). 8 Clause (a) was inserted by Mah. 13 of 1971, s. 2. 9 This clause was inserted by Mah. 3 of 2008, s. 2. 10 Clause (b) was substituted for the original by Mah. 41 of 1994, s. 14(b). 11 Clause (ba) was inserted by Mah. 43 of 2000, s. 2. 1888 : III] The Mumbai Municipal Corporation Act 65 (i) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity; (ii) “child” does not include an adopted child or children,] if and while such person— 1[(c) having been adjudged or re-adjudged an insolvent, is under any disqualification imposed by section 103A of the Presidency-towns Insolvency Act, 1909 (III of 1909); or section 73 of the Provincial Insolvency Act, 1920 (V of 1920); or] (d) is the Commissioner, 2[the Director]or a Deputy Commissioner or a Municipal Officer or servant, or a licensed surveyor or plumber 3[or a member of a firm of which a licensed surveyor or plumber is a member]; or (e) is the Chief Judge of the Small Cause Court or is acting in that capacity; or 4[(ee) fails to pay any arrears of any kind due by him (otherwise than as a trustee) to the corporation within three months after a special notice in this behalf has been served upon him; or] (f) has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of, the corporation; 5[or] 6[(fa) having been elected as Councillor, during his term of office as a Councillor, has directly or indirectly, by himself or his partner, any share or interest in any lease including any leave or licence (but excluding any official residence provided by the Corporation), sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or] 7[(ff) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the corporation or the Commissioner is interested or concerned: Provided that this disqualification shall not apply to a councillor who renders free service for securing the enforcement of civic rights or removal of legitimate public grievances;] 8[(g) is a Member of the State Legislature or Parliament: Provided that, nothing in this clause shall effect the membership of a sitting councillor till the expiry of his current term of office as such Councillor: Provided further that, any action taken by such Councillor during the period from the 7th October 2001, till the 20th October 2001, being the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) (Amendment) Ordinance, 2001 (Mah. Ord. XXXI of 2001), shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the said period he had incurred disqualification under this clause;] 9[(h) has failed to submit to the Corporation a certificate of Assistant Commissioner 10[or a self-certificate by such person], certifying that,— (i) he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or (ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the community or public toilet: 1 Clause (c) was substituted for the original clause by Bom. 1 of 1948, s. 3(a) read with Bom. 8 of 1948, s. 4. 2 These words were inserted by Mah. 53 of 1981, s. 3. 3 These words were inserted by Bom. 1 of 1946, s. 3(a) read with Bom. 8 of 1948, s. 3(b). 4 Clause (ee) was inserted by Bom. 11 of 1932, s. 2. 5 The word “or” was inserted by Bom. 1 of 1946, s. 3(e) read with Bom. 8 of 1948, s. 4. 6 Clause (fa) was deemed to have been inserted with effect from 1st April 1968 by Mah. 4 of 1973, s. 2(a). 7 Clause (ff) was inserted by Bom. 1 of 1946, s. 3(d). 8 Clause (g) was added by Mah. 8 of 2002, s. 3, w.e.f. 7th September 2001. 9 This clause was inserted by Mah. 19 of 2016, s. 2. 10 These words were inserted by Mah. 52 of 2017, s. 2. 66 The Mumbai Municipal Corporation Act [1888 : III Provided that, no Councillor on the date of commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Fourth Amendment) Act, 2015 (Mah. XIX of 2016), shall be disqualified under this clause, if he submits such certificate, within a period of one hundred eighty days from the date of such commencement: Provided further that, if the Assistant Commissioner fails to take the decision in respect of such application within a period of thirty days from the date of receipt of the application; the application shall be deemed to have been granted and the Assistant Commissioner shall issue such certificate accordingly.] 1[Explanation 2[I].— For the purpose of clause (f)— (i) a municipal pensioner shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation, by reason only of his pension; (ii) a person shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of any relation of his being employed with, by or on behalf of the corporation, as an officer or servant, thereof. 3[Explanation II.— For the purpose of clause (fa)— (i) a Councillor shall not be deemed to have any share or interest in any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of, the Corporation, if such share or interest is not acquired by him directly or indirectly by use of his position or office as a Councillor; (ii) the expression “leave” or “licence” means a licence as defined in section 52 of the Indian Easement Act, 1882 (V of 1882)]]. 4[(1-1A) If, a Councillor or a person is found to be guilty of misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opportunity of being heard,— (a) disqualify such Councillor to continue as a Councillor for the remainder of his term of office as Councillor; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification; (b) disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification]. 5[(1A) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members’ Disqualification Act, 1986 (Mah. XX of 1987) for being a councillor shall cease to hold office as such councillor.] 6[(1B)(a) A person shall be disqualified for being a Councillor, or for contesting an election for being elected as a Councillor, for a period of six years, if, an order is passed by the concerned authority, under section 18 or, as the case may be, section 33, holding that such person was elected as a Councillor to a seat which was reserved for a member belonging to a Scheduled Caste, a Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as “a reserved category”) on the basis of false claim or a false Caste Certificate declaring that such person belonged to such reserved category. (b) Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority. (1C)(a) Notwithstanding anything contained in sub-section (1B), a Councillor who has been elected to a reserved seat as mentioned in sub-section (1B), shall be disqualified for being such Councillor consequent upon the concerned Scrutiny Committee constituted under sub-section (1) of section 6 of the Maharashtra Scheduled Casts, Scheduled Tribes, De-notified Tribes (Vimukta jatis), Nomadic Tribes, 1 This Explanation was substituted by Mah. 35 of 1967, s. 2. 2 The existing Explanation was renumbered as Explanation I and Explanation II was added by Mah. 51 of 1975, s. 2. 3 The existing Explanation was renumbered as Explanation I and Explanation II was added by Mah. 51 of 1975, s. 2. 4 Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 2(1)(a). 5 Sub-section (1A) was inserted by Mah. 20 of 1987, Schedule. 6 Sub-sections (1B) and (1C) were inserted by Mah. 43 of 2015, s. 2 1888 : III] The Mumbai Municipal Corporation Act 67 Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001) or any other competent authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelling the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by the said Scrutiny Committee or by the competent authority. (b) On any person having been disqualified for being a Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the State Government shall, by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such order.] 1[(1D) A Councillor shall be disqualified for being a Councillor, if such Councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or the rules or bye-laws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in carrying out such illegal or unauthorised construction or has by written communication or physically, obstructed or tried to obstruct any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the remainder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts or, as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority.] 2[(1E) If the State Election Commission is satisfied that a person,— (a) has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and (b) has no good reason or justification for such failure, the State Election Commission may, by an order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a Councillor or for contesting an election for being a Councillor for a period of three years from the date of the order. (1F) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1E) or reduce the period of any such disqualification.] (2) But a person shall not be so disqualified or be deemed to have any share or interest in such a contract or employment by reason only of 3[his receiving fee for attendance at meetings of the 4[Brihan Mumbai Electric Supply and Transport Committee] or of] his having any share or interest in— 5[(g) subject to the provisions of clause (fa) of sub-section (1), any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or] (h) any agreement for the loan of money or any security for the payment of money only; or (i) any newspaper in which any advertisement relating to the affairs of the corporation is inserted; or (j) any joint stock company which shall contract with or be employed by the Commissioner on behalf of the corporation; or (k) the occasional sale to the Commissioner on behalf of the corporation to a value not exceeding in any official year two thousand rupees, of any article in which he regularly trades. 1 Section (1D) was inserted by Mah. 11 of 2002, s. 2. 2 Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s. 2. 3 These words were inserted by Bom. 48 of 1948, s. 4. 4 These words were substituted for the words “Bombay Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2. 5 Clause (g) was inserted with effect from 2nd October 1975 by Mah. 25 of 1978, s. 2. 68 The Mumbai Municipal Corporation Act [1888 : III 1[* * * * * * *]