Section 52 in Chennai City Municipal Corporation Act, 1919
52. [ Disqualification of candidates. [Substituted by section 29 of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).]
(1)A person who has been sentenced by a criminal court to transportation or to imprisonment for a period of more than six months for any offence other than an offence of a political character or an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned] shall be disqualified for election [* * *] [Omitted the words 'or co-option' by section 6(1) of the Tamil Nadu Municipal Laws (Second Amendment) Act, 1990 (Tamil Nadu Act 27 of 1990).] as a councillor [* * *] [Omitted by section 18(1) of the Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXVI of 1958).] [while the sentence is in force and for six years from the date of the expiration of the sentence.] [Substituted by Tamil Nadu Act 22 of 2001.][(1-A) A person convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII shall be disqualified for election [* * *] [Inserted by Tamil Nadu Act 11 of 1978.] as a councillor for a period of [six years] [Substituted by Tamil Nadu Act 22 of 2001.] from the date of such conviction.][(1-B) A person disqualified for being a Councillor under clause (eee) of sub-section (1) of Section 53 shall be disqualified for election as a Councillor for a period of six years from the date of such disqualification.] [Inserted by Tamil Nadu Act No. 57 of 2008.](2)[A person shall be disqualified for election as a councillor if such person is at the date of nomination or election-] [Substituted by section 6(3)(a) of the Tamil Nadu Municipal Corporation Laws (Second Amendment) Act, 1990 (Tamil Nadu 27 of 1990).](a)of unsound mind, a deaf-mute or a leper;(b)an applicant to be adjudicated a bankrupt or insolvent or an uncertified bankrupt or undischarged insolvent;(c)directly or indirectly, by himself or his partner, interested in a subsisting contract made with or any work being done for the corporation:Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-(i)any lease, sale or purchase of immovable property 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 company or association, whether incorporated or not which contracts with the corporation for lighting or supplying with water any part of the city or insuring against fire any property of the corporation;(v)any company including a railway company; or(vi)the sale to the corporation of any articles in which he regularly trades, or the purchase from the corporation of any articles;(d)employed as paid legal practitioner on behalf of the corporation or as legal practitioner against the corporation;(dd)[ a representative or officer of any association or union representing, or purporting to represent, any section of the corporation establishment or any class of employees of the corporation;] [Inserted by section 3(ii) of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).](e)an officer or servant holding office under this Act, or an Honorary Presidency Magistrate or a Public Prosecutor or Government Pleader; [* * *] [Omitted the word 'or' by section 2 of the Madras City Municipal (Amendment) Act, 1941 (Tamil Nadu Act IV of 1941), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).];(f)already [* * *] [Omitted by section 18(2) of the Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).] a councillor [* * *] [Omitted the word 'or an alderman' by section 2(1), Act XXIV of 1958.] whose term of office as such will not expire before his fresh election [* * *] [Omitted the words 'or co-option' by section 6(3)(b) of the Tamil Nadu Municipal Corporation laws (Second Amendment) Act (Tamil Nadu Act 27 of 1990).] can take effect or has already been elected a councillor [* * *] [Omitted by section 2(2) of the Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).] whose term of office has not yet commenced; [or] [Added by the Mad, us City Municipal (Amendment) Act, 1941 (Tamil Nadu Act IV of 1941), re-enacted permanently by section 2 of, and the First Schedule to, the Madras Re-enacting and Repealing (No.l) Act, 1948 (Tamil Nadu Act VII of 1948).](g)in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the corporation up to and inclusive of the previous years, in respect of which a bill, notice or direction has been duly served upon him and the time, if any, specified therein for payment has expired.(3)Notwithstanding anything contained in sub-section (1) [or sub-section (1-A)] [Inserted by Tamil Nadu Act 11 of 1978.], [the (Tamil Nadu State Election Commission)] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1991 (Tamil Nadu Act 26 of 1994).] may direct that [such conviction or sentence] [Substituted for 'such sentence' by Tamil Nadu Act 11 of 1978.] shall not operate as a disqualification.(4)[ No person who is disqualified under section 71, shall be qualified for election [* * *] [Substituted by section 4 of the Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act X of 1962), which came into force on the 17 th September, 1962.] as a councillor so long as the disqualification subsists.](5)[ If the [Tamil Nadu State Election Commission] [Added by Tamil Nadu Act 22 of 2001.] is satisfied that a person,-](a)has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and(b)has no good reason or justification for the failure,the [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Act 22 of 2001.] shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being elected as, and for being, a councillor and any such person shall be disqualified for a period of three years from the date of order.
