Section 16 in The Mumbai Municipal Corporation Act, 1888
16. Disqualifications for being a councillor.
(1)A person shall be disqualified for being elected [*] [The words 'or appointed' were deleted by Bombay 13 of 1938, Section (10).] [*] [The words 'or co-opted' which were added by Bombay 6 of 1922, Section 8 and which were deleted by Bombay 17 of 1931, Section 4.] and for being a councillor if such person-[(a-1) has been so disqualified by or under any law,- [This clause was inserted by Maharashtra 41 of 1994, Section 14(a).](i)for the time being in force for the purpose of elections to the Legislature of the State:Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty one years;(ii)made by the Legislature of the State of Maharashtra; or;](a)[ has, at any time after the commencement of section 2 of the Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505, of the Indian Penal Code: [Clause (a) was inserted by Maharashtra 13 of 1971, Section 2.]Provided that, such disqualifications shall be for a period of six years from the date of such conviction; or](aa)[ has been removed from the office under section 18-IA and five years have not elapsed from the date of such removal; or] [Clause (aa) was inserted by Maharashtra 3 of 2008, Section 2 (w.e.f. 4-1-2008).](b)[ has been convicted by a Court in India of any offence involving moral turpitude, unless a period of six years has elapsed since the date of such conviction; or] [Clause (b) was substituted for the original by Maharashtra 41 of 1994, Section 14(b).](ba)[ has more than two children: [Clause (ba) was inserted by Maharashtra 43 of 2000, Section 2, (w.e.f. 13.9.2000).]Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (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 mentioned in this clause:Explanation. - For the purposes 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 a single subsequent delivery shall be deemed to be one entity;(ii)"child" does not include an adopted child or children.]If and while such person-(c)[ having been adjudged or re-adjudged an insolvent, is under any disqualification imposed by section 103A of the Presidency-towns Insolvency Act, 1909; or section 73 of the Provincial Insolvency Act, 1920; or] [Clause (c) was substituted for the original clause by Bombay 1 of 1948, Section 3(a) read with Bombay 8 of 1948, Section 4.](d)is the Commissioner [the Director or a Deputy Commissioner] [These words were inserted by Maharashtra 53 of 1981, Section 3.] or a Municipal Officer or servant, or a licensed surveyor or plumber [or a member of a firm of which a licensed surveyor or plumber is a member] [These words were inserted by Bombay 1 of 1946, Section 3(a) read with Bombay 8 of 1948, Section 3(b).]; or(e)is the Chief Judge of the Small Cause Court or is acting in that capacity; or(ee)[ fails to pay any arrears of any kind due by him (otherwise than as, a trustee) to the corporation within three months after a special notice in this behalf has been served upon him; or] [Clause (ee) was inserted by Bombay 11 of 1932, Section 2.](f)has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the corporation; [or] [The word 'or' was inserted by Bombay 1 of 1946, Section 3(c) read with Bombay 8 of 1948, Section 4.](fa)[ having been elected a Councillor, during his term of office as Councillor, has directly or indirectly, by himself or his partner, any share or interest in any lease including any leave or licence (but excluding any official residence provided by the Corporation), sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or] [Clause (fa) was deemed to have been inserted with effect from 1st April, 1958 by Maharashtra 4 of 1973, Section 2(a).](ff)[ having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the corporation or the Commissioner is interested or concerned: [Clause (ff) was inserted by Bombay 1 of 1946, Section 3(d).]Provided that this disqualification shall not apply to a councillor who renders free services for securing the enforcement of civic rights or removal of legitimate public grievances.](g)[ is a Member of the State Legislature or of Parliament: [Clause (g) was added by Maharashtra 6 of 2002, Section 3, (w.e.f. 7-9-2001).]Provided that, nothing in this clause shall affect the membership of a sitting councillor till the expiry of his current term of office as such Councillor:Provided further that, any action, taken by such Councillor during the period from the 7th October, 2001, till the 20th October, 2001, being the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Ordinance, 2001, shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the said period he had incurred disqualification under this clause;][Explanation [I] [This Explanation was substituted by Maharashtra 35 of 1967, Section 2.] - For the purpose of clause (f)-(i)a municipal pensioner shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of his pension;(ii)a person shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of any relation of his being employed with, by or on behalf of the corporation, as an officer or servant, thereof.][Explanation II. - For the purpose of clause (fa)-(i)a Councillor shall not be deemed to have any share or interestin any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or behalf of, the Corporation if such share or interests not acquired by him directly or indirectly by use of, his position or office as a Councillor;(ii)the expression "leave" or "licence" means a licence as defined in section 52 of the Indian Easement Act, 1882];[(1-1A) If, a Councillor or a person is found to be guilty of misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opportunity of being heard,- [Sub-section (1-1A) was inserted by Maharashtra 32 of 2011, Section 2, (w.e.f. 21-5-2011).](a)disqualify such Councillor to continue as a Councillor for the remainder of his term of office as a Councillor; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification;(b)disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification.](1A)[ A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members' Disqualification Act, 1986 for being a councillor shall cease to hold office as such councillor.] [Sub-section (1A) was inserted by Maharashtra 20 of 1987, Section 11, Schedule.](1B)[ [* * *] [ Sub-section (1B), (1C) and (1D) were inserted by Maharashtra 11 of 2002, Section 2.](1C)[* * *] [Sub-section (1B), and (1C) are deleted by Maharashtra 35 of 2006, Section 3 (w.e.f. 19-8-2006).](1D)A Councillor shall be disqualified for being a Councillor, if such Councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the rules or bye-laws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor, in carrying out such illegal or unauthorised construction or has by written communication or physically, obstructed or tried to obstruct any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the remainder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts or, as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority.](1E)[ If the State Election Commission is satisfied that a person,- [Sub-section (1E) and (1F) were inserted by Maharashtra 12 of 2008, Section 2 (w.e.f. 2-5-2008).](a)has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and(b)has no good reason or justification for such failure,the State Election Commission may, by an order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a Councillor or for contesting an election for being a Councillor for a period of three years from the date of the order,(1F)The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1E) or reduce the period of any such disqualification.](2)But a person shall not be so disqualified or be deemed to have any share or interest in such a contract or employment by reason only of [his receiving fee for attendance at meetings of the [Brihan Mumbai Electric Supply and Transport Committee] [These words were inserted by Bombay 48 of 1948, Section 4.] or of] his having any share or interest in-(g)[ subject to the provisions for clause (fa) of sub-section (1) any lease including, by any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or] [Clause (g) was inserted with effect from 2nd October, 1978 by Maharashtra 25 of 1978, Section 2.](h)any agreement for the loan of money or any security for the payment of money only; or(i)any newspaper in which any advertisement relating to the affairs of the corporation is inserted; or(j)any joint stock company which shall contract with or be employed by the Commissioner on behalf of the corporation; or(k)the occasional sale to the Commissioner on behalf of the Corporation to a value not exceeding in any official year two thousand rupees, of any article in which he regularly trades.[* * * * * *] [[Sub-section (3) was deleted by Bombay 48 of 1950, Section 9.Section 79 of Bombay 48 of 1950 reads as follows:-'79. Nothing in sections 2(1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub¬committees before the 1st day of April, 1952 shall, subject to the provisions of the said Act, be filled as if this Act had not been passed.']]
