HMC Act 5AChapter II · Constitution And Government

Section 5A · [ Oath of allegiance to be taken by Councillors. [Section 5A inserted by W.B. Act 11 of 1999.]

(1)

Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected to be a Councillor shall, before taking his seat, make and subscribe before an officer appointed by the State Government an oath or affirmation of his allegiance to the Constitution of India in the following form :-"I, A.B., having been elected a Councillor of the Corporation, do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to be Constitution of India as by law established and that I will faithfully discharge the duties upon which I am about to enter".

(2)

Any person who, having been elected a Councillor fails to make and subscribe, within three months of the date on which his term of office commences, the oath or affirmation under sub-section '(1), shall cease to hold his office and his seat shall be deemed to have become vacant:Provided that the State Government may, for reasons to be recorded in writing, extend in each case or class of cases the above period of three months by such period as it thinks fit.

(3)

Any Councillor nominated by the Mayor as the Deputy Mayor or a member of the Mayor-in-Council under sub-section (2) of section 6, shall assume office forthwith after taking the oath of secrecy before the Mayor in the following form :-"I, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Deputy Mayor/a Member of the Mayor-in-Council except as may be required for the due discharge of my duties as such Deputy Mayor/Member of the Mayor-in-Council.".] [Clauses (14B) and (14C), which inserted by W.B. Act 29 of 1990, were renumbered as clauses (14E) and (14F) and after so renumbering clause (14G) inserted by W.B. Act 11 of 1999.]

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