DGHC Act 9Chapter I · Preliminary

Section 9 · Disqualification of [Councillors] [Word substituted by W.B. Act 3 of 1994.]

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(1)

A person shall not be qualified for being elected to the General Council if-

(a)

he is not a citizen of India; or

(b)

he is less than 21 years of age; or

(c)

he has been elected to any municipality, Panchayat Samiti or Gram Panchayat within the hill areas of Darjeeling; or

(d)

he is in service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a municipal authority; or

(e)

he has, directly or indirectly by himself or by his partner or employer or employee, any share, or interest in any contract with, by or on behalf of the General Council or a municipality or a Panchayat Samiti or a Gram Panchayat within the hill areas of Darjeeling :
Provided that no person shall be deemed to be so disqualified by reason only of his having a share or interest in any public company, as defined in the Companies Act, 1956, which contracts with or is employed by a Gram Panchayat, a Panchayat Samiti, or a municipal authority within the hill areas of Darjeeling or the General Council; or

(f)

he has been dismissed from the service of the Central or the State Government or a local authority or a co-operative society or a Government company as defined in the Companies Act, 1956 or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or

(g)

he has been adjudged by a competent Court to be of unsound mind; or

(h)

he is an undischarged insolvent; or

(i)

he 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

(j)

he has been convicted by a Court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IXA of the Indian Penal Code or section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 or Chapter III of Part VII of the Representation of the People Act, 1951 and five years have not elapsed from the date of expiration of the sentence.

(2)

For the purposes of this section, a person shall not be deemed to hold an office of profit under the General Council by reason only of his being a [Councillor] [Word substituted by W.B. Act 3 of 1994.], Chief Executive Councillor or Vice-Chairman thereof.

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