Bare ActsThe NAGALAND MUNICIPAL ACT,2023

Section 42

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

Disqualification for membership of Municipal Council or Town Council: (I) A person shall be disqualified for being chosen as, and for being a member: (a) if he/she is of unsound mind and stands so declared by a competent court; (b) if he/she is an undischarged insolvent; (c) if he/she 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/ she is not an indigenous inhabitant of Nagaland. (e) if he/she is so disqualified by or under any law for the time being in lbrce for the purposes of elections to the Legislative Assembly of the State; (1 if he/she is so disqualified by or under any law made by the Legislative Assembly of the State; 20 (g) If he/she holds any office of profit under Municipal Council or Town Council; (Fi) If he/she holds any office of profit under the State or Central Government; (1) if he/she is a licensed architect, draughtsman, engineer, plumper, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner; (j) if he/she is interested in any subsisting contract made with, or any work being done for the Municipal Council or Town Council except as a share holder (other than a director) in an incorporated company or as a member of a co- operative society; (k) if he/she is retained or employed in any professional capacity either personally or in the name of a firm of which he/she is a partner or with which he/she is engaged in a professional capacity, in connection with any cause or proceeding in which the Municipal Council or Town Council or any of the Municipal authorities is interested or concerned; (1) if he/she having held any office of his/her under the Government, the Municipal Council or Town Council or any other authority has been dismissed for corruption or disloyalty to the state unless a period of 4 (four) years has elapsed since his/her dismissal or the disqualification has been removed by the State Election Commission; (m) if he/she fails to pay any arrears of any kind due by him/her otherwise than as an agent, receiver, trustee or an executor to the Municipal Council or Town Council within 3 (three) months after a notice in this behalf has been served upon him/her. (2) Notwithstanding anything contained in sub-section (1): (a) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of this receiving: (i) any pension or (ii) any allowance or facility for serving as the Chairperson or Deputy Chairperson or as a member or (b) a person shall not be deemed to have any interest in a contract or works such as is referred to in clause (j) of that sub-section by reason only of his having a share of interest in: (i) any lease, sale, exchange or purchase of immovable property or any agreement for the same or (ii) any agreement for loan of money or any security for payment of money only or (iii) any newspaper in which any advertisement relating to the affairs of the Municipal Council or Municipal or Town Council is inserted or 21 (iv) the sale to the Municipal Council or Town Council or to any Municipal authority or any officer or other employee of the Municipal Council or Town Council on behalf of the Municipal Council or Town Council of any article in which he/she regularly trades or the purchase from the Municipal Council or Town Council or from any such authority, officer or other employee on behalf of the Municipal Council or Town Council, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work or (v) the letting out on hire to the Municipal Council or Town Council or the hiring from the Municipal Council or Town Council 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 (vi) any agreement or contract with the Municipal authority for any goods or services which the Municipality may generally supply. (3) If a person sits or votes as a member of the Municipal Council or Town Council when he knows that he/she is not qualified or that he/she is disqualified for such membership, he/she shall be liable in respect of each day on which he/she so sits or votes to a penalty of three thousand rupees to be recovered as an arrears of tax under this Act.

Section 42 – The NAGALAND MUNICIPAL ACT,2023 | DailyLaw.ai