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(1) No person shall be qualified
for election as a councillor unless his name is included in the
electoral roll of any ward of the city and in respect of any seats
reserved for Scheduled Castes or the Scheduled Tribes, Backward
Classes or Woman such person is a member of any such Caste, Tribe
or Classes or is a Woman as the case may be.
(2) No person who is disqualified from being a member of
the State Legislature, no servant of the corporation and no whole
time servant of the State Government or Central Government shall
be qualified or for holding office as a councillor.
(1) A person shall be disqualified
for being chosen as and for being a councillor-
(a) If he has been sentenced by a criminal court to impriosnment
for an offence punishable with imprisonment for a term. exceeding
six months, provided that
1. the offence is one which involves
moral turpitude and
2. such sentence has not been reversed or quashed or the offence
not pardoned; or
(b) If he is convicted of an offence under the provisions of the
Untouchability Offence Act, 1955 ( Central Act 22 of 1955) or the
Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954);
(c) If he holds any office of profit under the Goverment of the
India or the Goverment of any state specified in the First Schedule
to the Constitution of India, or under any local or other authority
subject to the control of any of the said Goverments other than
such offices as are declared by rules made under this Act not to
disqualify the holder; or
(d) If he has been dismissed from services under a local authority
or from the Goverment service; or
(e) If having been a legal practioner, he has been dismissed or
suspended from practice by order of a competent authority, the disqualification
in the latter case being operative during the period of such suspension;
or
(f) If, he is deaf, mute; or
(g) If he is of unsound mind and stands so declared by a competent
court; or
(h) If he is an undischarged insolvent; or
(i) If he is not citizen of India or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgement
of allegiance or adherence to a foreign state; or
(j) if he is so disqualified by any law for the time being in force
for the purposes of election to the State Legislature;
Provided that no person shall be disqualified on the ground that
he is less than twenty-five years if he has attained the age of
twenty-one years.
(k) If, save as hereinafter provided, he has, directly or indirectly
by himself or his partner, any share or interest in any work done
by order of the corporation, or in any contract or employment with
or under, or by or on behalf of the corporation; or
(l) if he is employed as paid legal practioner on behalf of the
corporation or accepts employment as legal practioner against the
corporation; or
(m) if he is a licensed surveyor, or plumber or water supply contractor
of the corporation or is a partner of a firm of which any such licensed
person is a partner; or
(n) If he fails to pay arrears of any kind due by him otherwise
than as an agent,receiver, trustee or an excecutor to the corporation
within three months after a notice in this behalf has been served
upon him; or
(o) If he has in proceedings questioning the validity or regularity
of an election been found to have been guilty of-
(i) Any corrupt practice, or
(ii) Any offence punishable under Section 171-E Or Section 171-F
of the Indian Penal Code; or any offence punsihable under Section
40 or Section 52 or clause
(a) Of sub-section (2) of section 53 of the Act,
unless a period of six years has elapsed since the date of the findings
or the disqualification has been removed by order by the Goverment:
Provided that-
(a) A person shall not be deemed to
have incurred any disqualification under clause (c) By reason only
of receiving,-
(i) Any pension, or
(ii) Any allowance or facility approved by the Government for serving
as president or vice-president or as councillor;
(b) The disqualification in clasue (a) and (d) shall cease to operate
after the expiry of four years from the date of such sentence, dismissal
or removal or earlier by an order of the Government;
(c) A person shall not be deemed to have incurred disqualification
under clause (k) by reason of his-
(i) Having any share or interest in any lease, sale or purchase
of any immovable property or in any agreement for the same, or
(ii) Having a share or interest in any joint stock company otherwise
than as managing director or agent or in any literary association
registered under the Societies Registration Act or in any co-operative
society which shall contract with or be employed by or on behalf
of the corportation, or
(iii) Having a share or interest in any newspaper in which any advertisement
relating to the affairs of the corporation may be inserted, or
(iv) Holding a debenture or being otherwise interested in any loan
raised by or on behalf of the corporation, or
(v) Having a share or interest in the occansional sale of any article
in which he regularly trades, to the corporation to a value not
exceeding in any official year fifty rupees or such higher amount
not exceeding five hundred rupees as may be prescribed, or
(vi) Having a share or interest in the occansional letting out on
hire to the corporation or in the hiring from the corporation, of
any article for an amount not exceeding in any official year fifty
rupees or such higher amount not exceeding five hundred rupees as
may be prescribed.
(1-A) A person shall be disqualified for being a Councillor if he
is so disqualified under the Karnatake Local Authorities (Prohibition
of Defection) Act, 1987].
(2) If any councillor during the term for which he has been
elected-
(a) becomes subject to any disqualification specified in sub-section
(1), or
(b) Votes or takes part as a councillor in the discussion of any
matter-
(i) In which he has directly or indirectly, by himself or his partner,
any such share or interest as is described in sub-clauses (i) (ii)
(iii) or (v) of clause (c) of the proviso to sub-section (1) whatever
may be the value of such share or interest, or
(ii) In which he is professionally interested on behalf of a principal
or other person, or
(iii) In which he is engaged at the time in any proceeding against
the corporation; or
(c) absents himself from the meetings of the corporation during
three consecutive months except with the leave of the corporation:
Provided that no such leave shall be granted in case of absence
from the meetings of the corporation during a period exceeding six
consecutive months:
Provided further that when an application is made by a councillor
to the corporation for leave to absent himself and the corporation
fails to inform the applicant of its decision on the application
within a period of one month from the date of the application, the
leave applied for shall be deemed to have been granted by the corporation,
the Divisonal Commissioner may, either suo motu or on a report made
to him, after such enquiry as he deems fit, by order, decide, whether
the seat of the person concerned has become vacant or not. as far
as may be, such order shall be made within thirty days from the
date of receipt of the report or where action is taken suo motu,
within thirty days from the initiation thereof.
(3) Any person aggrieved by the decision of the Divisional
Commissioner under sub-section (2) may, within a period of thirty
days from the date of such decision, appeal to the Government and
the order passed by the Government on such appeal shall be final:
Provided that no orders shall be passed under sub-sections (2) and
(3) against any councillor without giving him a reasonable opportunity
of being heard.
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