Section 49 in Tamil Nadu District Municipalities Act, 1920
49. Disqualification of candidates.
(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 as a [chairman or councillor] [Substituted for 'councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] while the sentence is in force and for six years from the date of the expiration of the sentence.(1A)[ A person convicted of an offence punishable under the protection of Civil Rights Act, 1955 (Central Act XXVIII of 1955), shall be disqualified for election [xxx] [Sub-section (1) was inserted by Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1968 (Tamil Nadu Act 10 of 1968)] as a councillor for a period of [six years] [Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1994 (Tamil Nadu Act 25 of 1994).] from the date of such conviction.](1B)[ A person disqualified for being a councillor under clause (ddd) of subsection (1) of section 50 shall be disqualified for election as a councillor for a period of six years from the date of such disqualification.] [Inserted by Tamil Nadu Municipal Laws (7th Amendment) Act, 2008 (Tamil Nadu Act 57 of 2008)](2)A person shall be disqualified for [election] [This word was substituted for the words 'election or appointment' by section 41(ii)(a) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] [as a chairman or election as a councillor] [Substituted for 'as a councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] if such person is at the date of [nomination or election] [These words were substituted for the words 'nomination, election or appointment' by of the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006)]-(a)[ of unsound mind, a deaf-mute or a leper;] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](b)[an applicant to be adjudicated a bankrupt or insolvent or] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] an uncertified bankrupt or undischarged insolvent;](c)[] [These words added by section 41 (ii)(c) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] interested in a subsisting contract made with, or any work being done for, the municipal council except as a shareholder (other than a director) in a [company] [Substituted for the words 'an incorporated company' by section 41(ii)(d) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]:[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; or(ii)any agreement for the loan of money or any security for the payment of money only; or(iii)any newspaper in which any advertisement relating to the affairs of the council is inserted; or(iv)the sale to the council of any articles in which he regularly trades, or the purchase from the council of any articles to a value in either case not exceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or work];(cc)[ employed as paid legal practitioner on behalf of the council or as legal practitioner against the council;] [This clause was inserted by section 41(ii)(f) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).](d)[ an officer or servant holding office under this Act; or a honorary magistrate for the municipal town;] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).](e)[ already [the chairman or a councillor] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] whose term of office as such will not expire before his fresh election [xxx] [The words 'or' appointment were omitted by section 41(ii)(g) of the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006).] can take effect; [or has already been elected [a councillor] [These words were inserted by the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006)] whose term of office has not yet commenced;] [xxx] [The word 'or' was omitted by section 2(i)(a) of the Madras District Municipalities and Local Boards (Amendment) Act, 1940 (Madras Act XIV of 1940), re-enacted permanently by section 2 of, and the first Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VI of 1948).]](f)[[the servant or employer or the official subordinate or official superior of a councillor holding office on the said date;] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41 (ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] [or] [The words 'or' and clause (g) were added by section 2(i)(b) of the Madras District Municipalities and Local Board (Amendment) Act, 1940 (Madras Act XIV of 1940), re-enacted permanently by section 2 of and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. I), 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 .municipality up to and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired.(2A)[ If the Tamil Nadu State Election Commission is satisfied that person-(a)has failed to lodge on account of election expenses within the lime and to the manner required by or under the Act, and(b)has no good reason or jurisdiction for the failure, the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette declare him to be disqualified for being elected as and for being a chairman or a councillor, as the case may be, and any such person shall be disqualified for a period of three years from the date of the year.](3)Notwithstanding anything contained in sub-section (1), the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the words 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may direct that such sentence shall not operate as a disqualification.(4)[xxx] [This sub-section was omitted by section 41(ill) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Order of 1930)]
