Section 10 in The Bombay Provincial Municipal Corporations Act, 1949
10. Disqualification for being a councillor. - (1) Subject to the provisions of sections [13 and 404], a person shall be disqualified for being elected and for being a councillor, if such person-
[(a-l) has, been convicted of an offence under the Protection of Civil Rights Act, 1955 (Act 22 of 1955), unless a period of five years has elapsed, since his release from imprisonment;](a)has been sentenced by any court to imprisonment or whipping [for an offence under any other law for the time being in force] involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted to transportation or imprisonment:Provided that, on expiry of such sentence, the disqualification incurred under this clause shall cease:Provided further that the expiry of such sentence shall not entitle the person to continue as a councillor or to stand for election at any bye-election held during the remainder of the current term of office of the councillors;(b)is undischarged insolvent;(c)holds the office of Commissioner of 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.][(i) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:][(j) has more than two children;Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (Gujarat 17 of 2005), (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 under this clause.Explanation. -For the purpose 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 single subsequent delivery shall be deemed to be one entity;(ii)`child' does not include an adopted child or children.]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.(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;(b)having any share or interest in(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 Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), which shall contract with or be employed by the Commissioner or the Transport Manager on behalf of the Corporation;(v)the occasional 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 rupee; or(vi)the occasional 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; [*](d)receiving conveyance charges as a member of the Transport Committee; [*][(e) being a relative of a person in employment with or under or by or on behalf of the Corporation.][(3) A person who at any time during the term of his office is disqualified under the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (Gujarat 23 of 1986), for being a councillor shall cease to hold office as such councillor.]
