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[Cites 0, Cited by 1] [Section 17] [Entire Act]

State of Madhya Pradesh - Subsection

Section 17(1) in The M.P. Municipal Corporation Act, 1956

(1)No person shall be a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.], who-
(a)[ (i) has been convicted of any offence, punishable under Section 153-A, or Section 171-E or Section 171-F, or sub-section (2) or sub-section (5) of Section 505 of the Indian Penal Code, I860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the People Act, 1951 (No. 43 of 1951) or Sections 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961) or Section 10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since his release after undergoing the sentence; [Substituted by M.P. Act No. 7 of 1988.]
(ii)has been convicted by a Court in India :-
(a)for an offence not falling under sub-clause (i) and sentenced to imprisonment for a period of not less than two years; or
(b)for contravention of any provisions of the Madhya Pradesh Nagariya Kshetron Me Ke Bhoomihin Vyakti (Pattadhruli Adhikaron Ka Pradan Kiya Jana) Adhiniyam. 1984 (No. 15 oF 1984) or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs.
unless a further period of six years has elapsed since his release after undergoing the sentence.Explanation. - In this clause :-
(a)"Law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law providing for :-
(i)the regulation of production or manufacture of any essential commodity;
(ii)the control of price at which any essential commodity may he bought or sold;
(iii)the regulation of acquisition, possession, storage, transportation, distribution, disposal, use or consumption of any essential commodity;
(iv)the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;
(b)"drug" shall have the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (No. 23 of 1940);
(c)"essential commodity" shall have the same meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955);
(d)"food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954);]
[(a-i) has, in proceedings for questioning the validity or regularity of an election or [nomination] [Inserted by M.P Act No. 13 of 1961.], been found to have been guilty of any corrupt practice, unless a period of five years has elapsed since the date of the finding of the disqualification has been removed by the State Government under Section 441-G;]
(b)has been removed from office under Section [18, 19-B or sub-section (3) of Section 23] [Substituted by M.P. Act No. 20 of 1998.] unless he has been relieved by Government from the disqualification arising on account of such removal from office;
(bb)[ has been disqualified for further election or [nomination] [Inserted by M.P. Act No. 59 of 1976.] as a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] under Section 17-A unless he has been relieved by the Government from such disqualifications;]
(c)is an undischarged insolvent;
(d)is of unsound mind and stands so declared by a competent Court;
(e)[ is less than twenty live years of age, in case of a Mayor and is less than twenty one years of age, in case of a Councillor] [Substituted by M.P. Act No. 18 of 1997.];
(f)is in the service of the Government or any local authority or is a Government pleader;
(g)has directly or indirectly by himself or his partner, any share or interest in any work being done of the Corporation or in any contract or employment with or under, or by, or on behalf of the Corporation :
Explanation. - A person shall not be deemed to have incurred disqualification under this clause by reasons of his-
(a)receiving a Government or municipal pension;
(b)having any share or interest in-
(i)any lease, sale or transfer of land;
(ii)any agreement for the loan of money or any security for the payment of money only;
(iii)any joint stock company except as a director or managing agent or any registered co-operative society;
(iv)occupying as a tenant any premises belonging to the Corporation;
(h)has been dismissed from Government or municipal service on account of misconduct involving moral turpitude; [x x x] [Omitted by M.P. Act No. 59 of 1976.]
(i)has any tax or dues, payable to the Corporation, standing against his name for a period exceeding one year; [or] [Inserted by M.P. Act No. 59 of 1976.]
(j)[ has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh Sthaniya Nidhi Sarnpariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam; or] [Inserted by M.P. Act No. 59 of 1976.]
(k)[ if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the State : [Inserted by M.P. Act No. 16 of 1994.]
Provided that no person shall be disqualified on the ground that he is less than 25 years of age, if he has attained the age of twenty one years.]
(l)[ has been convicted of an offence against women] [Inserted by M.P. Act No. 20 of 1998.].
(m)[ Omitted.] [[Omitted by M.P. Act No. 16 of 2007. Prior to omission it read as under:
'(m) has more than two living children one of whom is born on or after 26th January, 2001;']]
(n)[ has been disqualified under Section 14-C.] [Inserted by M.P. Act No. 29 of 2003.]