State Act

THE UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959

25- (1) A person shall, notwithstanding that he is otherwise qualified, be disqualified for being chosen as, and for being a [Sabhasad]2, if he- [(a) whether before or after the commencement of this Act 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 five years or, such less period as tile State Government may allow in any particular case, has elapsed since his release;]1 (b) is an undercharged insolvent; (c) holds any place of profit In the gift or disposal of the [Corporation]4; (d) is in the service of a State Government or the Central Government or any local authority or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate, or an Honorary Munif or an Honorary Assistant Collector ; (e) has whether by himself or by any person in trust for him or for his benefit or to his account, any share or interest in a contract for supply of goods to, or for the execution of any works or the performance of any services undertaken by the [Corporation]4; (f) is in arrears in excess of one year's demand, of any tax payable to the [Corporation]4, to which section 504 applies or of any charges for water supplied by the [Corporation]4; (g) having held any, office under the Government of India or the Government of any State he has been dismissed for corruption, or disloyalty to the State, unless a, period of [six years]3 has elapsed since, his dismissal; (h) is debarred from practicing as a legal practitioner by order of any competent authority ; (i) is disqualified under section 80 or 83 of this Act from being a member of a [Corporation]4; (j) [***]6 is suffering from any of the infectious diseases to be specified by the State Government by order and has been declared by a medical officer not below the rank of a [Chief Medical Officer] 7 to be incurable of such disease: [(k) is so qualified by or under any law for the time being in force for the purposes 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;]8 Provided further that arrears of any tax or water charges due to the [[Municipal Corporation]8 Council]4 or any other local authority, exercising jurisdiction within the area which has since been [notified a City]5 shall for the purposes of clause (1) be deemed to be arrears of tax or water charges payable to the [Corporation]3; [(l) He has more than two children of whom one is born after expiry of 300 days from the date of notification of this part; or (m) has been convicted of any offence against a woman; or, (n) has an interest or share, in a publication where in advertisement regarding activities of the [Municipal Corporation]8 can be published; or, (o) is a paid employee of any institution, receiving financial aid from the [Municipal Corporation]8 or, (p) the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned or managed by the [Municipal Corporation]8 / Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation; or, (q) is a representative or office bearer of any federation or union of any cadre or class of employees of the [Municipal Corporation]8; or (r) has been convicted of any offence involving violation of any Act, Rules, Sub-rules, regulations and Govt. orders relating to [Municipal Corporation]8 and has been found guilty or working against the interest of the [Municipal Corporation]8.]6 [(s) is a candidate from more than one ward.]7 (2) [x x x]1 (3) [x x x]1 (4) Having been elected as [xxx]2 a Sabhasad a person shall be disqualified for continuing as [xxx]2 a Sabhasad if he- (i) 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 which he is engaged in a professional capacity in connexion with any cause or proceeding in which the [Corporation]5 or the Mukhya Nagar Adhikari is interested or concerned, or (ii) absents himself for six consecutive months from the meetings of the [Corporation]5, except on account of illness or any other cause accepted by the [Corporation]5. (5) A person shall not be deemed to have incurred any disqualification under clause (c) of sub-section (I) by reason only of his receiving- (i) any pension, (ii) any allowance or facility for serving as the Nagar, Pramukh or Upa Nagar Pramukh or as a Sabhasad [x x x]1 ; (6) A person shall not be deemed to have incurred disqualification under clause (e) of sub-section (1) by reason merely of his having any share or interest in- (i) any joint stock company or any society registered or deemed to be registered under the [Uttar Pradesh Co-operative Societies Act, 1965,]5 which shall contract with, or be employed by it he Mukhya Nagar Adhikari on behalf of the [Corporation]4; (ii) the occasional sale to the Mukhya Nagar Adhikari on behalf of the [Corporation]4 of any article in which he regularly trades to a value not exceeding in the aggregate in any one calendar year two thousand rupees. [(7) Any person who, after being elected as Shabhasad, becomes disqualified under this section shall not remain a Sabhasad and his seat shall become vacant with effect from the date of incurring such disqualification.]2