MMCNPIT Act 16Chapter II · Municipal Councils

Section 16 · Disqualifications for becoming Councillor

(1)

No person shall be qualified to become a Councillor whether by election, [* * *] [The word 'Co-option' was deleted by Maharashtra 41 of 1994, Section 120(a).] or nomination, who, -

(a1)

[ has been so disqualified by or under any law, - [Clause (a1) was inserted by Maharashtra 41 of 1994, Section 120(b).]

(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];

(a)

[ has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of [six years] [Clause (a) was deemed always to have been substituted with effect from 16th December, 1974 for the original by Maharashtra 4 of 1975, Section 3.], or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or]

(aa)

[ has at any time after the commencement of the Maharashtra Municipalities and other Provisions (Amendment) Act, 1974, (Maharashtra IV of 1974), been convicted of an offence punishable under Section 153-A, or sub-section (2) or (3) of section 505, of the Indian Penal Code, unless a period of [six years] [Clauses (aa) to (ac) were inserted by Maharashtra 4 of 1974, Section 7(a)(4).] has elapsed since the date of such conviction; or

(ab)

has been convicted of an offence punishable under the [Untouchability (Offences) Act, 1955 (XXII of 1955) and sentenced to imprisonment for any term or fine unless a period of [six years] [See now the Protection of Civil Rights Act, 1955.], has elapsed since his release; or]

(ac)

has been convicted by a court in India of any offence involving moral turpitude unless a period of [six years] [These words were substituted for the words 'five years' by Maharashtra 41 of 1994, section 120(c).], has elapsed since the date of such conviction; or]

(b)

has been removed from office under section 42 and [six years] [These words were substituted for the words 'five years' by Maharashtra 41 of 1994, section 120(c).] have not elapsed from the date of such removal, unless he has, by an order made by the State Government in this behalf, been relieved earlier from the disqualification arising on account of such removal from office; or

(ba)

[ has been found guilty of misconduct in the discharge of his duties, or being guilty of any disgraceful conduct while holding the office of the President or Vice-President of the Council unless the period of disqualification provided under Section 55B has lapsed.] [This clause was inserted by Maharashtra 11 of 1996, Section 11(1).]

(c)

is an undischarged insolvent; or

(d)

is of unsound mind and stands so declared by a competent Court; or

(e)

has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State; or

(f)

is a Judge; or

(g)

is a subordinate officer or servant of Government or any local authority or holds an office of profit under Government or any local authority; or

(ga)

[ if, having held any office under any Government or local authority has, whether before or after the commencement of the Maharashtra Municipalities and other Provisions (Amendment) Act, 1974, (Maharashtra IV of 1974), been dismissed for misconduct, unless a period of [six years] [Clause (ga) was Inserted by Maharashtra 4 of 1974, Section 7(a)(iii).] has elapsed since his dismissal; or]

(h)

is in arrears (otherwise than as a trustee) of any sum due by him to the Council after the presentation of bill therefor to him under section 150; or

(ha)

[ has not paid any sums due, whether surcharged or charged, under the provisions of the Bombay Local Fund Audit Act, 1930] [Clause (ha) was inserted by Maharashtra 18 of 1993, Section 6.] (Bombay XXV of 1930);

(i)

save as hereinafter provided, has directly or indirectly, by himself or his partner, any share or interest in any work done by order of a Council or in any contract with or under or by or on behalf of a Council; or

(j)

save as hereinafter provided, has directly or indirectly, by himself, or his partner any, share or interest in any transaction of loan of money advanced to, or borrowed from, any officer or servant of the Council;

(k)

[ has more than two children: [Clause (k) was inserted by Maharashtra 43 of 2000, Section 5.]

Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchyats and Industrial Townships (Second Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such 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, -

(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".]

(l)

[ is a member of the State Legislature or of Parliament: [Clause (l) was added by Maharashtra 8 of 2000, Section 16, (w.e.f. 7-9-2001).]

Provided that nothing in this Clause shall affect 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 Corporation and Municipal Councils (Amendment) Ordinance, 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.]

(1A)

[ A person who at any time during the term of his office is disqualified under [section 55B or] [Sub-Section (1-A) was inserted by Maharashtra 20 of 1987, Section 11, schedule.] the Maharashtra Local Authority Members Disqualification Act, 1986, (Maharashtra XX of 1987), for being a Councillor shall cease to hold office as such Councillor].

(1B)

[ * * *] [Sub-sections (1B) and (1C) were deleted by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2006 (35 of 2006) dated 19th August, 2006.]

(1C)

[ * * *] [Sub-sections (1B) and (1C) were deleted by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2006 (35 of 2006) dated 19th August, 2006.]

(1D)

[ 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.

(1E)

The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1D) or reduce the period of any such disqualification.] [Inserted by Maharashtra Municipal Corporations and Municipal Councils (Third Amendment) Act, 2007 (12 of 2008) dated 2nd May, 2008, Section 5.]

(2)

Nothing in clause (g) of sub-section (1) [or in sub-section (1A)] [These words, brackets, figures and letters were Inserted by Maharashtra 11 of 1996 Section 11(2).] shall apply when a Government servant is nominated as a Councillor of a Council for a Municipal area specified in Part II or Part III of Schedule I.

(2A)

[ A person shall not be deemed to have incurred disqualification under clause (g) of sub-section (1) by reason only of such person holding the office of Chairman or member of the committee of any co-operative society (which is registered or deemed to be registered under any law for the time being in force relating to the registration of co-operative societies) to which appointment is made by the State Government or the office of liquidator or joint liquidator to which appointment is made by the Registrar of Co-operative Societies, or the office of nominee of the Registrar whether appointed individually or to a board of nominees.] [Sub-section (2A) was inserted by Maharashtra 4 of 1974, Section 7(b).]

(3)

A person shall not be deemed to have incurred disqualification under clause (i) of sub-section (1) by reason of his -

(a)

having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same; or

(b)

having a share or interest in any company or co-operative society which contracts with or be employed by or on behalf of the Council; or

(c)

having a share or interest in any newspaper in which any advertisement relating to the affairs of the Council may be inserted; or

(d)

holding debentures or being otherwise interested in any loan raised by or on behalf of the Council; or

(e)

having a share or interest in the occasional sale to the Council of any article in which he regularly trades, or in the purchase from the Council of any article, to a value in either case not exceeding in any official year two thousand rupees, or such higher amount not exceeding ten thousand rupees as the Council with the sanction of the State Government may fix in this behalf; or

(f)

having a share or interest in the occasional letting out on hire to the council or in the hiring from the Council of any article for an amount not exceeding in any official year two hundred rupees, or such higher amount not exceeding one thousand rupees as the Council with the sanction of the Collector may fix in this behalf; or

(g)

being a party to any agreement made with the Council for paying fixed charges or lump sum in lieu of any taxes or for construction of any drainage or water connections for his premises;

(h)

[ receiving a pension from or of the Council; or [Clause (h) and (i) were inserted by Maharashtra 41 of 1983, Section 2.]

(i)

any relation, being employed with, by, or on behalf of the Council, as an officer or servant thereof.]

(4)

A person shall not be deemed to have incurred disqualification under clause (f) of sub-section (1) by reason only of his being an officer or member of a Co-operative Society, which advances or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the Council.

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