Amendment status not verified — confirm the current text below against the official source.
(1) A person shall not be qualified - * * * for being a member General of any committee of the Corporation if he— lions for*™' (a) has been adjudged by a competent court lo be of unsound mind; or member of (b) has voluntarily acquired the citizenship of a foreign Slate; commiucc. or (c) is under twenty-one years of age; or (d) is an undischarged insolvent; or (e) being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (f) holds an office ofproru under the Corporalion or is a plumber or a building architect or a building surveyor licensed under this Act; or (g) is the Chai rman or a member or an officer or employ cc o f the Municipal Service Commission; or -(h) is the Chairman or a member of the Municipal Assessment Tribunal Constituted under section 189; or (i) is the Chairman or an Assessor of a Tribunal Constituted . under section 415 for hearing appeals as provided in this Act; or 'The words, in lAe marginal nolc, "Councillor or Alderman or" were omitted by 5, of lhe Wcsl Bengal Municipal Corporation Laws (Third Amendment) Acl, 1994 (West Ben. Acl XXXVI of 1994), . Thi; words "forbcing ckcled a Councillor or Aldcnnan nr" were omi tied by s. ^(GJ(tl)(ii}, ihid. 612 The Kolkaia Municipal Corporaiion Act, 1980. [West Ben. Ac( (Part II.—Constitution and Government.—Chapter V.—Election of Councillors.—,4. Preparation of electoral roll and qualifications of cl actors and Councillors, etc.— Section 61.) ' (j) is lhe President of the Tribunal of lhe Board of Trustees for the Improvement of'[Kolkala]oran Assessor of IhatTribunal or a Judge of the Court of Small Causes of '[Kolkataj or a Municipal Magistrate, or is acting in any of those capacities: or (k) has, directly or indirectly, by himself or by his partner or employer or any employee, any share or interest in any contract or employment with, by, or on behalf of the Corporation; or (1) fails to pay any arrears of any kind due by him, otherwise than as a trustee or an executor, to lhe Corporation within three months after a special notice in this behalf has been served upon him; or (m) has not paid any sum certified by the auditors to be due from him in a certificate which has not been set aside under this Act, or, if such certificate has been modified, has not paid the sum shown lobe due from him in the modified certificate; or (n) has been convicted by any court and sentenced lo imprisonment for an offence involving moral turpitude and punishable with imprisonment for a period of not less than six months; or (o) has been convicted by any court of an offence under Chapter IXA of the Indian Penal Code, punishable with -tsonsfio. imprisonment or has been found in a proceeding under section75 of this Act Lo have committed a corrupt practice within Lhe meaning of this Act; or (p) being a candidate for election as Councillor under ihis Acl or an election agent or such candidate has failed lo lodge any prescribed return of election expenses or has lodged a return which is found, either by the Chier Judge of lhe Court of Small Cause of'[Kolkata] in a proceeding under section 75 of ihis Acl or by a Judicial Magistrate in a proceeding, to be false in any material particular: Provided that— (i) the disqualification under clausc (c) shall cease at the end of six years after discharge; (ii) the disqualifications under clause (n) shall ccase al the end of six years after the expiry of lhe period of imprisonment; (iii) the disqualification under clause (o) shall cease at Lhe end of six years after lhe date of conviction or finding, as the ease may be; The Kolkaia Municipal Corporaiion Acl. 1980. 613 Disqualitl ca- tion for being a Councillor on change of political parly by lhe Councillor. LIX of 1980.] (Pari II.—Constitution and Government.—Chapter V.—Election of Councillors.—A. Preparation of electoral roll and qualifications of electors and Councillors, etc.— Seclion 61A.) (iv) lhe disqualification under elausc (p) shall ccase at lhe endof six years after the dale of the election to which the retum of the election expenses referred to in the said clause relates. Explanation.—For the purpose of clause (iii) of the proviso, lhe date of conviction shall be deemed to be the date on which the period of limitation for an appeal from lhe order of conviction expires or where an appeal or an application for revision has been preferred or made against the order of conviction, the date on which the appeal or the application for revision is finally disposed of. (2) Any disqualification mentioned in clauses (m), (n), (o) and (p) of sub-section (1) may be removed by the Stale Government by an order made in this behalf. '61A. (1) Notwithstanding anything to the contrary contained in this Acl or in any other law for the time being in force, such competent authority for the Corporation as may be appointed by the Stale Government by notification in this behalf (hereinafter referred to in ihis section as the competent authority), may, subjeel lo the other provisions of this seclion, declare, forreasons lobe recorded in writing, aCouncillorlobedisqualified for being a Councillor thereof, if— (a) he is an elected Councillor set up by a rccogniscd political party and has— (i) volunlarilygivenuphis membership of such recognised political party, or -(iA) joined another recognised political parly, or (ii) exercised the voting right contrary lo the manner of voting of lhe majority of lhe Councillors who are the- members.of such recognised political party in the Corporation, or (b) '[he is an elcclcd Councillor not set up by a recognised political party] and he has joined a recognised political party on the expiry of six months from the date of election: Provided that the competent authority shall not declare any Councillor to be disqualified under this seclion without giving tosuch Councillorareasonableopportunity lo represent his case and, to be heard in person: [West Ben. Act (Pare 11.—Constitution and Government.—Chapter V.—Election of Councillors.—A. Preparation of electoral roll and qualifications of electors and Councillors, etc.— Section 61A.) Provided further that an eiccted Councillor '[referred to in sub-clausc (t A), or sub- clause (ii), of clause (a)] shall not, on lhe competent authority being satisfied in this behalf, be declared to be disqualified, if— (a) the acLion of such Councillor was taken on obtaining prior permission of, or was conducted by, such recognised political party, or (b) such Councillorclaims that he andanyotherCouncillors, who are the members, of such recognised political parly, constitute in the Corporalion a group representing a faction consisting or not less than one-third of the total number of Counci I lors set up by such recognised political party in the Corporalion and that all lhe Councillors constituting such group have voluntarily given up their membership of such recognised political part, or (c) the former recognised political party of lhe Councillor merges with another 614 The Kolkaia Municipal Corporaiion Act, 1980. recognised political party, and he claims that he and the other members of his former recognised political party— (i) have become members of such other recognised political parly or of a new recognised political party formed out of merger, as the case may be, or (ii) have not accepted the merger, and from the time of such merger, he and such other Councillors constituting not less than one-third of the total number of Councillors set up by the former recognised political party in the Corporation, have opled to remain members of the former recognised political party or have formed a new recognised political party, (2) On being declared to be disqualified under sub-section (1), a Councillor shall, subject to the provisions of sub-section (12), stand removed from the Corporalion from the dale of such declaration. (3) As soon as may be within one month from the date of the first meeting of the Corporalion or within one month from the dale on which this seciion comes into force, as the case may be, the elected Councillors (Part II—Constitution and Government.—Chapter V.—Election of Councillors.—A. Preparation of electoral roll and qualifications af electors and Councillors, etc.— Section 6IA.) set up by lhe recogniscd political panics shall, by adopting a resolution, selccLone Councillor From amongst themselves io be the Leader and such Leader shall, within fifteen days from the dale of such selection, furnish lo the competent authority referred to in sub-section (1)— (i) a copy of (he resolution, (ii) a signed statement containing the names, addresses and constituencies of himself and other Councillors set up by such recognised political parry, and (iii) a copy of a set of rules and regulations, if any, by whatever name called, of such recogniscd political party: Provided that an office-bearer may also hold the office of the Leader: Provided further thai Lhe competent authority shall not refuse to accept, or io rely on, the documents furnished by the Leader merely on Lhe ground thai the resolution selecting the Leader was not adopted within one month from the dale or the first meeii ng of the Corporation or w ithin one month from the date on which this section comes into force, as lhe case may be, or that the documents as aforesaid were not furnished lo him within fifteen days from the dale of such selection. (4) Where there is only one elected Council lor set up by a recognised political party in a Corporation, he shall furnish lhe documents referred to in sub-section (3) in relation to himselfi Provided that in lhe event of any increase in lhe number of Councillors who are the members of such recognised political party, the provisions of sub-section (3) shall apply as if the first meeting of the Corporaiion was held or this section came into force, as lhe ease may be, on the dale on which such increase look place. (5) A Counci Nor not belonging to any recognised political party shall furnish a statement to that effect to lhe competent authority within one month from the date of the first meeting of Lhe Corporation. (6) In lhe event ofanychangc of the information fumihed under subsection (3), sub-seciion (4) or sub-section (5), the Leader or iheCounci llor, as the case may be, shall, as soon as may be within fifteen days from the date of such change, furnish in writing such change of information to the competent authority. (7) The Leader referred Lo in sub-section (3), who is a member of a recognised political party, may at any lime Tile a petition endorsed by the General Secretary, or, if there is no General Secretary, the Secretary, of the 615 The Kolkaia Municipal Corporation Acl, 1980. [West Ben. Act (Part II.—Constitution and Government.—Chapter V.—Election of Councillors.—A. Preparation of electoral mil and qualifications of electors and Councillors, etc.— Section 61 A.) district unit of such recognised political party Lo (he competcni authority, staling that— (a) one Dr more Councillors who are lhe members of such recognised political parLy have— (i) voluntarily given up his or their membership of such rccognised political party, or :(iA) joined another recogniscd political party, or (ii) have exercised the voting right contrary lo the manner of voting or the majority of the Councillors set up by such rccognised political party in the Corporation, or (b) lhe Councillor referred to in sub-section (4) has voluntarily given up his membership of the recognised political parly that set him up. or (c) the Councillor referred to in sub-section (5) has joined a recognised political party on lhc expiry or six months from the date or election, and thai such Councillor or Councillors should be declared to be disqualified under sub-section (1) . and should be removed from the Corporation. (S) Every petition referred lo in sub-scclion (7)— (a) shall contain a concise statement of the material facts on which the petitioner relies, and (b) shall be accompanied by copies of the documentary evidence, ifany, on which thepetitionerrcliesand, where the petitioner relies on any information furnished to him by any person or persons, a statement containing the names and addresses of such person or persons and lhc gist or such information as furnished by such person or each of such persons. (9) On receipt of lhe petition referred io in sub-seciion (7), the competent authority shall, as soon as possible within six weeks from the dale oflhe receipts of such petition, proceed lo make an enquiry lo satisfy himself, among others, as io— (a) Lhe common decision in regard lo the manner of voiing LO be exercised by the majority of Lhe Councillors set up by the recognised political party, and (b) whether (he Councillor or Councillors, against whom such ' petiiion is filed, exerciscd lhe voiing right in a meeting of the Corporation contra 'Sub-clause (iA) was inserted by s. 1(2) of (he Calcutta Municipal Corporation (Amendment) Act, 2000 (West Ben. Acl XXIII .if 2000). LIX OR 1980,] (Pari II.—Constitution and Government—Chapter V.—Election of Councillors.—v4_ Preparation of electoral roll and qualifications of electors and Councillors, etc.— .. Section 61 A.) (10) For Lhe purpose of enquiry under sub-seciion (9), lhe compcienL authority may summon such members of lhe recognised political party or other persons, and may require such signed statement from, and production of such documents and records by, the members or other persons as aforesaid, as he may deem necessary. (11) As soon as possible wilhin eight weeks from the date or receipt of the petition referred io in sub-section (7), the competent authority shall, in consideration of the statements, documents and records before it,—■ (a) reject Ihe peiilion, or (b) admit the petition wholly or in part and declare any member or members of such recognised political parly io be disqualified under sub-section (1) for being Councillor or Councillors of the Corporation. (12) Any Councillor declared disqualified under sub-section (1) or the Leader of the recognised political party referred to in sub-seciion (7), if aggrieved by the decision of the competent authority, may, wilhin thirty days from the dale of the order, appeal to such authority as the Slate Government may appoint in ihis behalf and, thereupon, lhe authority so appointed may slay the operation of the order till Lhe disposal of Lhe appeal and may, after giving nolice or the appeal io the compelenL authority, and after giving lhe appellant and the opposite parties and opportunity of being heard, set asideorconfirm the orderordeclare any Councilloror Councillors to be disqualified under, and in accordance with the provisions of, sub- seciion (1) and, upon such declaration, the Councillor or Councillors shall stand removed from the Corporation. (13) Theorderpassedby (he authority referred lo in sub-section (12) on the appeal shall be final. (14) Nolwithslanding anylhing 10 Lhe contrary contained in this Acl or in any other law for the lime being in force, no court shall have any jurisdiction in respect of any matter arising out of a Councillor being declared lo be disqualified under sub-section (1) for being a Councillor. Explanation.—For lhe purposes of this section, an elected Councillor shall be deemed to be set up by a recognised political party if he has contested election with the symbol reserved for such recognised political party or if he has contested election with a free symbol and joins a recognised political parly and furnishes a declaration lo thai effecl to the competent authoriLy before the expiry of six months from lhe dale of The Kolkata Municipal Corporation Act, 19S0. 617 ■ - a v v : . ■™v > - - • - ~ - , ■ - ■ - . ; . . . . . . . . . . . . . . . . . . . . . . 61s The Kolkata Municipal Corporation Act, I980. [West Ben. Act (Part II.—Constitution and Government,—Chapter V.—Election of Councillors.—8. Elections.— Sections 62-78.) '' B, Elections