State Act

The Maharashtra Municipal Corporations Act

10. Disqualification for being a councillor.— (1) Subject to the provisions of sections 13, 4[* *] and 404, a person shall be disqualified for being elected and for being a councillor, if such person— 5[(ai) has, at any time after the commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 1970 (Mah. XIII of 1971), been convicted of an offence punishable under section 153A or sub-section (2) or (3) of section 505 of the Indian Penal Code (45 of 1860) : Provided that, such disqualification shall be for a period of six years from the date of such conviction ; ] 6[(aii) has been so disqualified by or under any law– (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 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 involving moral turpitude, unless a period of six years has elapsed since the date of such conviction ; or] (b) is an undischarged insolvent; (c) holds the office of Commissioner or any other office or place of profit under the Corporation ; (d) is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member ; (e) holds any judicial office with jurisdiction within the limits of the City; (f) subject to the provisions of sub-section (2), has directly or indirectly by himself or his partner any share or interest in any contract or employment with, by or on behalf of the Corporation ; (g) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned ; or (h) fails to pay arrears of any kind due to the Corporation by him otherwise than as a trustee within three months after a special notice in this behalf has been served on him by the Commissioner ; 7[(i) has more than two children: Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (Mah. XLIII of 2000) (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 ;] 1[(j) is a Member of the State Legislature or of Parliament : 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 Corporations and Municipal Councils (Amendment) Ordinance, 2001 (Mah. Ord. XXXI of 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 ;] 2[(k) he has failed to submit to the Corporation a certificate of the Ward Officer of the concerned corporation 3[or a self-certificate by such person], certifying that,— (i) resides in a house owned by him and has a toilet in such house and he regularly uses such toilet ; or (ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the community or public toilet : Provided that, no Councillor on the date of commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Fourth Amendment) Act, 2015 (Mah. XIX of 2016), shall be disqualified under this clause, if he submits such certificate, within a period of one hundred eighty days from the date of such commencement : Provided further that, if the Ward Officer fails to take the decision in respect of such application within a period of thirty days from the date of receipt of the application ; the application shall be deemed to have been granted and the Ward Officer shall issue such certificate accordingly.] 4[(1-1A) If, a Councillor or a person is found to be guilty of misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opportunity of being heard,— (a) disqualify such Councillor to continue as a Councillor for the reminder of his term of office as a Councillor ; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification ; (b) disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification.] 5[(1A) A person shall be disqualified for being a Councillor, if such person has, at any time during the term of his office, become disqualified, under the Maharashtra Local Authority Members’ Disqualification Act, 1986 (Mah. XX of 1987) for being a Councillor.] 1[ 2[* * *] 3[(1B) (a) A person shall be disqualified for being a Councillor, or for contesting an election for being elected as a councillor, for a period of six years, if, an order is passed by the concerned authority, under section 12 or, as the case may be, section 16, holding that such person was elected as a Councillor to a seat which was reserved for a member belonging to a Scheduled Caste, a Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as “a reserved category”) on the basis of false claim or a false Caste Certificate declaring that such person belonged to such reserved category. (b) Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority. (1C) (a) Notwithstanding anything contained in sub-section (1B), a Councillor who has been elected to a reserved seat as mentioned in sub-section (1B), shall be disqualified for being such Councillor consequent upon the concerned Scrutiny Committee constituted under sub-section (1) of section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001) or any other competent authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelling the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by the said Scrutiny Committee or by the competent authority. (b) On any person having been disqualified for being a Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the State Government shall, by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such order.] (1D) A Councillor shall be disqualified for being a Councillor, if such Councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or the rules or bye-laws framed under the said Acts ; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in, carrying out such illegal or unauthorised construction or has by written communication or physically obstructed or tried to obstruct, any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the reminder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts or, as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority.] 4[(1E) 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 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. (1F) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1E) or reduce the period of any such disqualification.] (2) A person shall not be deemed to have incurred disqualification under clause (f) of sub-section (1) by reason only of his,— (a) receiving a municipal pension ; 1[(aa) any relation being employed with by or on behalf of the Corporation, as an officer or servant thereof ;] (b) having any share or interest in any lease, sale, exchange or purchase of land or any agreement for the same,— (i) any lease, sale, exchange or purchase of land or any agreement for the same ; (ii) any agreement for the loan of money or any security for the payment of money only ; (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted ; (iv) any joint stock company or any society registered or deemed to be registered under the 2Bombay Co-operative Societies Act, 1925 which shall contract with or be employed by the Commissioner or the Transport Manager on behalf of the Corporation ; (v) the occassional sale to the Commissioner or Transport Manager on behalf of the Corporation of any article in which he regularly trades to a value not exceeding in the aggregate in any one official year two thousand rupees ; or (vi) the occassional letting out on hire to the Corporation or in the hiring from the Corporation of any article for an amount not exceeding in the aggregate in any one official year five hundred rupees ; (c) occupying as a tenant for the purpose of residence any premises belonging to the Corporation ; or (d) receiving conveyance charges as a member of the Transport Committee.