A person,
notwithstanding that he is otherwise qualified, shall be
disqualified, for being chosen as or for being a member of a
Municipality-
(i) if he has been convicted of an offence involving
moral turpitude or of any other offence by a
competent court of law and sentenced to
imprisonment for six months or more, or
(ii) if he has been convicted of an offence under
section 245 of this Act, or
(iii) if he is under trial in the competent court which has
taken cognizance of the offence and framed the
charges against him of any offence punishable with
imprisonment for five years or more, or
(iv) if he has been convicted of an offence under the
Prevention of Food Adulteration Act, 1954 (Central
Act No. 37 of 1954), or
(v) against whom an order has been passed under
section 117 of the Code of Criminal Procedure,
1973 (Central Act No. 2 of 1974), in proceedings
instituted under section 110 of the said Code, such
order not having been subsequently reversed, or
(vi) if he has been dismissed or removed from the
service of the Central or a State Government or any local authority or any other authority specified
under clause (xi) for misconduct, or
(vii) if, he having been a professional practitioner, has
been debarred from practicing as such by order of
any competent authority, or
(viii) if he holds any place of profit in the gift or disposal
of the Municipality, or
(ix) if he is disqualified under section 35 or section 41,
or
(x) if he is so disqualified by or under any law for the
time being in force for the purposes of elections to
the Rajasthan Legislative Assembly:
Provided that no person shall be disqualified
under this clause on the ground that he is less than 25
years of age, if he has attained the age of 21 years, or
(xi) if he holds a salaried or part-time appointment
under the Central or a State Government or a local
authority or any other authority, or
(xii) if he holds a salaried whole time or part-time
appointment under a university or any corporation,
body, enterprise or co-operative society, which is
either controlled or wholly or partly financed by the
State Government, or
(xiii) if he is an undischarged insolvent, or
(xiv) if he has been adjudged by a competent court to be
of unsound mind, or
(xv) if he, save as hereinafter provided, has directly or
indirectly, by himself or any member of his family
or his partner, employer or employee, any share or
interest in any work done or supply made by the order of such Municipality or in any contract or
employment with or under or by or on behalf of
such Municipality, or
(xvi) if he is employed as a paid legal practitioner on
behalf of such Municipality or contesting as lawyer
against the Municipality in any court of law at the
time of filing nomination as candidate for such
Municipality or accepts employment as legal
practitioner against such Municipality during the
term for which he has been elected, or
(xvii) if he has more than two children, or
(xviii) if he has been in arrear of any municipal dues for
more than two years and proceedings for the
recovery have been initiated against him under this
Act, or
(xix) if he has been convicted of an offence involving
misappropriation or embezzlement of municipal
property or fund by a competent court :
Provided that-
(a) the disqualification mentioned in clause (i)
shall cease to operate after the expiry of six
years from the date of the release of the
disqualified person from imprisonment;
(b) the disqualification mentioned in clause (v)
shall cease to operate after the expiry of the
period for which a person is ordered to
furnish security;
(c) the disqualification mentioned in clause (ix)
shall cease to operate after the expiry of the
period for which a person is so disqualified
unless such disqualification is removed earlier by an order of the State Election
Commission;
(d) a person shall not be deemed to have
incurred the disqualification under clause
(xv) by reason of his-
(i) having any share or interest in any joint
stock company, otherwise than as a
managing director or agent which shall
contract with or be employed by or on
behalf of the Municipality, or
(ii) having any share or interest in any
lease, sale or purchase of any
immovable property or in any
agreement for the same, or
(iii) having a share or interest in any
newspapers in which any advertisement
relating to the affairs of the
Municipality may be inserted , or
(iv) holding a debenture or being otherwise
interested in any loan raised by or on
behalf of the Municipality, or
(v) having a share or interest in the
occasional sale of any article in which
he regularly trades to the Municipality
to a value not exceeding in any official
year such amount as the Municipality,
with the sanction of the State
Government, may fix in this behalf, or
(vi) having a share or interest in the
occasional letting out on hire to the
Municipality, or in the hiring from the Municipality, of any article for an
amount not exceeding in any official
year two thousand rupees or such
higher amount not exceeding five
thousand rupees as the Municipality,
with the sanction of the State
Government, may fix in this behalf;
(e) a person having more than two children shall
not be disqualified under clause (xvii) for so
long as the number of children he had on 27th
November, 1995 does not increase.
Explanation.- For the purpose of clause (xvii) any number
of children born out of a single delivery shall be deemed to be one
entity and any child given in adoption shall not be excluded while
computing the number of children.
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