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State of Haryana - Section

Section 13A in The Haryana Municipal Act, 1973

13A. [ [Disqualifications for president and members.] [Section 13-A inserted vide Haryana Act No. 3 of 1994.]

(1)A person shall be disqualified for being chosen as and for [being the president or a member] [Substituted 'being a member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] of a municipality -
(a)if he is so disqualified by or under any law for the time being in force for the purposes of election to the Legislature of the State of Haryana:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age if he had attained the age of twenty-one years;
(b)if he is so disqualified by or under any law made by the Legislature of the State of Haryana;
(c)[] [Clause (c) and proviso omitted and shall be deemed to have been omitted with effect from 1st January, 2005, except in situations where the re-elections after removal have been held, see Haryana Act No. 26 of 2006. Clause (c) however read '(c) if he has more than two living children.]
(d)[ if he is convicted or has been convicted of an offence punishable under Sections 29, 30 and 31 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), the Prevention of Corruption Act, 1988 (49 of 1988) or the Prevention of Terrorism Act, 2002 (15 of 2002);] [Added by Haryana Act No. 20 of 2006.]
(e)[ if he has been convicted or charges have been framed against him by a court in a criminal case for an offence, punishable with imprisonment for not less than ten years; or [Added by Haryana Act No. 12 of 2016, dated 21.4.2016.]
(f)if he fails to pay an arrear of any kind due to him to any Primary Agriculture Co-Operative Society, District Central Co-operative Bank and District Primary Co-operative Agriculture Rural Development Bank; or
(g)if he fails to pay arrears of electricity bills; or
(h)if he has not passed matriculation examination or its equivalent examination from any recognized institution/board:
Provided that in case of a woman candidate or a candidate belonging to Scheduled Caste, the minimum qualification shall be middle pass:Provided further that in case of a woman candidate belonging to Scheduled Caste, the minimum [qualification for members excluding the president shall be 5th pass]; or
(i)if he fails to submit a self declaration to the effect that he has a functional toilet at his place of residence;]
(j)[ if he makes expenditure beyond the prescribed limit on his election or fails to submit his election expenditure statement;] [Added by Haryana Act No. 17 of 2018, dated 19.4.2018.]
Provided that a person having more than two children on or [upto] [Substituted for the words 'after' by Act 15 of 1994.] the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.
(2)If any question arises as to [whether the president or a member] [Substituted 'whether a member' by Haryana Act No. 33 of 2019, dated 4.9.2019.] of a municipality has become subject to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of such authority and in such manner as may be prescribed by rule.
(3)[ If any person furnishes a false caste certificate at the time of filing nomination, he shall be disqualified for a period of six years from contesting the election to the municipality.] [Added by Haryana Act No. 20 of 2006.]