Section 61 in The Calcutta Municipal Corporation Act, 1980
61. General disqualifications for being a [* * *] [Words omitted by W.B. Act 36 of 1994.] member of any Committee. -
(1)A person shall not be qualified [* * * *] [Words omitted by W.B. Act 36 of 1994.] for being a member of any committee of the Corporation if he-(a)has been adjudged by a competent court to be of unsound mind; or(b)has voluntarily acquired the citizenship of a foreign State; or(c)is under twenty-one years of age; or(d)is an undischarged insolvent; or(e)being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or(f)holds an office of profit under the Corporation or is a plumber or a building architect or a building surveyor licensed under this Act; or(g)is the Chairman or a member or an officer or employee of the Municipal Service Commission; or(h)is the Chairman or a member of the Municipal Assessment Tribunal constituted under section 189; or(i)is the Chairman or an Assessor of a Tribunal constituted under section 415 for hearing appeals as provided in this Act; or(j)is the President of the Tribunal of the Board of Trustees for the Improvement of Calcutta or an Assessor of that Tribunal or a Judge of the Court of Small Causes of Calcutta or a Municipal Magistrate, or is acting in any of those capacities; or(k)has, directly or indirectly, by himself or by his partner or employer or any employee, any share or interest in any contract or employment with, by, or on behalf of the Corporation; or(l)fails to pay any arrears of any kind due by him, otherwise than as a trustee or an executor, to the Corporation within three months after a special notice in this behalf has been served upon him; or(m)has not paid any sum certified by the auditors to be due from him in a certificate which has not been set aside under this Act, or, if such certificate has been modified, has not paid the sum shown to be due from him in the modified certificate; or(n)has been convicted by any court and sentenced to imprisonment for an offence involving moral turpitude and punishable with imprisonment for a period of not less than six months; or(o)has been convicted by any court of an offence under Chapter IXA of the Indian Penal Code, punishable with imprisonment or has been found in a proceeding under section 75 of this Act to have committed a corrupt practice within the meaning of this Act; or(p)being a candidate for election as Councillor under this Act or an election agent of such candidate has failed to lodge any prescribed return of election expenses or has lodged a return which is found, either by the Chief Judge of the Court of Small Cause of Calcutta in a proceeding under section 75 of this Act or by a Judicial Magistrate in a proceeding, to be false in any material particular :Provided that -(i)the disqualification under clause (e) shall cease at the end of six years after discharge;(ii)the disqualifications under clause (n) shall cease at the end of six years after the expiry of the period of imprisonment;(iii)the disqualification under clause (o) shall cease at the end of six years after the date of conviction or finding, as the case may be;(iv)the disqualification under clause (p) shall cease at the end of six years after the date of the election to which the return of the election expenses referred to in the said clause relates.Explanation.- For the purpose of clause (iii) of the proviso, the date of conviction shall be deemed to be the date on which the period of limitation for an appeal from the order of conviction expires or where an appeal or an application for revision has been preferred or made against the order of conviction, the date on which the appeal or the application for revision is finally disposed of.(2)Any disqualification mentioned in clauses (m), (n), (o) and (p) of subsection (1) may be removed by the State Government by an order made in this behalf.
