Amendment status not verified — confirm the current text below against the official source.
Disqualification of members.—(1) A member convicted of an offence as described under sub-section (1) of section 37 shall be disqualified, where the convicted memberis sentenced to— (i) only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. (2) A memberconvicted of any offence and sentenced to imprisonmentfor not less than two years other than any offence referred to in sub- section (1) of section 37 shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. (3) Subject to the provisions of section 41, a membershall cease to hold office as such, if he— (a) becomes of unsound mind, or a deaf-mute; (b) applies to be adjudicated, or is adjudicated, as an insolvent; 148 Substitution of section 38. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (i) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991 (Central Act 42 of 1991); or (ji) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem)of the Prevention of Insults to National Honour Act, 1971 (Central Act 69 of 1971); or (k) the Prevention of Corruption Act, 1988 (Central Act 49 of 1988); or (I) any law providing for the prevention of hoarding or profiteering; or (m) any law relating to the adulteration of food or drugs; or (n) any provisions of the Dowry Prohibition Act, 1961 (Central Act 28 of 1961) shall be: disqualified for election as a member, where the convicted person is sentenced to— (i). only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. Explanation.— \|n this sub-section,— (a) “law providing for the prevention of hoarding or profiteering” meansanylaw, or any order, rule or notification having the force of law, providing for— (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be boughtorsold; (iii) the regulation of acquisition, possession,storage, transport,distribution, disposal, use or consumption of any essential commodity; (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; . (b) “drug” has the meaning assigned to it in the Drugs and Cosmetics Act, 4940 (Central Act 23 of 1940); (c) “essential commodity” has the meaning assigned to it in the Essential Commodity Act, 1955 (Central Act 10 of 1955); ‘(d) “food” has the meaning assigned toit in the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954). (2) A person convicted of any offence and sentenced to imprisonmentfor not less than two years other than any offence referred to in sub- section (1) shall be disqualified for election as a member from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”.