HPMC Act 16Chapter 0 · Preliminary

Section 16 · Disqualifications

(1)

A person shall be disqualified for being chosen as and for being an office bearer of a municipality,-

(a)

if he is so disqualified by or under any law for the time being in force for the purposes of the election to the State Legislature:

Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years.

(b)

If he has been convicted of any offence involving moral turpitude, unless a period of six years has elapsed since his conviction; or

(c)

if he has encroached upon, or is a beneficiary of the encroachment upon, any land belonging to, or taken on lease or requisitioned by or on behalf of the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he is ejected therefrom or he ceases to be the encroacher;

Explanation. - For the purposes of this clause, the expression "beneficiary" shall include the spouse and legal heirs of the encroacher; or

(d)

if he has been convicted of an [electoral offence under Chapter XVII-A of this Act or] [Substutited for the words 'election offence' vide Act No. 23 of 2000.] under any law for the time being in force; or

(dd)[ if he has incurred more expenditure than prescribed under section 17-A or has failed to lodge account under section 17- B within thirty days of the declaration of the result of the election; or] [Clause (dd) added vide Act No. 23 of 2000.]

(e)

if he has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1973 (2 of 1974); or

(f)

if he has been disqualified for appointment in public service, except on medical grounds ; or

(g)

if he is in the employment or service under any municipality or of any other local authority or Co-operative Society or the State Government or Central Government or any Public Sector Undertaking under the control of the Central or the State Government ;

Explanation. - For the purposes of this clause the expressions "service" or "employment" shall include persons appointed, engaged or employed on whole time, part time, casual, daily or contract basis, or

(h)

if he is registered as a habitual offender under the Himachal Pradesh Habitual Offenders Act, 1969 (

8 of 1970

); or

(i)

if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by an order of a municipality, or in any contract or employment with, or under or by, or on behalf of the municipality ; or

(j)

if he has not paid the arrears of any tax imposed by a municipality or had not paid the arrears of any kind due from him to the municipal fund ; or has retained any amount which forms part of the municipal fund ;

(k)

if, he is a tenant or lessee holding a tenancy or lease under a municipality is in arrears of rent of lease or tenancy held under the municipality ;

(l)

if he has been convicted of an offence punishable under the Protection of Civil Rights Act, 1955, (22 of 1955) unless a period of six years has elapsed since his conviction ;

(m)

if he is so disqualified by or under any other law made by the State Legislature;

(n)

[ if he has made any false declaration as required under this Act or the rules made thereunder.] [Clauses (n) and (o) inserted vide Act No. 23 of 2000 and clause (o) deleted vide Act No. 28 of 2005.]

(2)

The question whether a person is or has become subject to any of the disqualifications under sub-section (1), shall, after giving an opportunity to the person concerned of being heard, be decided, -

(i)

if such question arises during the process of an election, by an officer who may be authorised in this behalf by the State Government, in consultation with the State Election Commission; and

(ii)

if such question arises after the election process is over, by the Director.

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