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[Cites 0, Cited by 7] [Section 11] [Entire Act]

State of Gujarat - Subsection

Section 11(1) in The Gujarat Municipalities Act, 1963

(1)No person may be a councillor-
(a)Who-
(i)has, whether before or after the commencement of this Act, been convicted by a Court in India-
(a)of an offence under [the Untouchability (Offences) Act, 1955 (XII of 1955),] [The reference to untouchability (Offences) Act, 1955 has to be construed as reference to the protection of Civil Rights Act, 1955 by virtue of section 19 of the Central Act No. 106 of 1976.] or under the Bombay Prohibition Act, 1949 (Bombay XXV of 1949); or
(b)of any other offence and sentenced to imprisonment for not less than six months, unless a period of four years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction and where he was sentenced to imprisonment, since his release; or
(ii)has been removed from office under section 37 and four years have not elapsed from the date of such removal, unless he has, by an order which the State Government is hereby empowered to make, if it shall think fit, in this behalf, been relieved from the disqualification arising on account of such removal from officer, or
(b)who is an uncertified bankrupt or an undischarged insolvent; or
(c)who is of unsound mind and stands so declared by a competent court; or
(d)who is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or in under any acknowledgement of allegiance or adherence to a foreign State; or
(e)who is a Judge; or
(f)who is a salaried servant of Government or of a panchayat or municipality;
(g)[ who is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State: [Clause (g) was added by Gujarat 17 of 1993, section 13 w.e.f. 20-08-1993.]
Provided that where the disqualification was only on the ground that he was less than twenty-five years of age, he may be a Councillor if he has attained the age of twenty-one years before last date for filing nominations, or];
(h)[ who has more than two children: [Clause (h) was inserted by Gujarat 17 of 2005, s.3 w.e.f. 04-08-2005.]
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.]