Section 15 in The City of Nagpur Corporation Act, 1948
15. Disqualifications of candidates.
- [(1)] [Section 15 was re-numbered as sub section (1) thereof and sub-sections (2) and (3) were added by Maharashtra 11 of 2002, Section 37.] No person [shall be eligible for election] [These words were substituted for the words 'shall be eligible for election, selection or appointment' by Maharashtra 34 of 1965, Section 16(a).], as a Councillor if he -(a)[ is not a citizen of India; or] [Substituted for the clause '(a) he is not subject of the Dominion of India; or' by A. O. 1950.](b)has been adjudged by a competent Court to be of unsound mind; or(c)is a leper; or(ca)[ has, at any time alter the commencement of section 8 of the Maharashtra Municipal Corporation (Amendment) Act, 1970, been convicted of an offence punishable under section 1 53A, or sub-section (2) or (3) of section 505, of the Indian Penal Code : [Clause (ca) was inserted by Maharashtra 13 of 1971, Section 8.]Provided that, such disqualification shall be for a period of six years from the date of such conviction; or](d)[ 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] [This clause was substituted for the original by Maharashtra 41 of 1994, Section 83(1).](e)has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in the public service; or(f)has been dismissed for misconduct from the service of any municipal corporation, municipal committee, notified area committee, [district council or local board] [See now the C. P. and Berar Local Government Act, 1948 (XXXVIII of 1948).] and has been declared by the State Government to be disqualified for employment in the public service; or(g)[ has been so disqualified by or under any law,- [Clause (g) was substituted for the original by Maharashtra 41 of 1994, Section 83(2).](i)for the time being in force for the purposes 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.][(g-1) [* * *] [Clause (g-1) was inserted by M. P. Act XIX of 1952, Section 6(1).] is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission); or](h)holds any salaried office under or place of profit in the gift or disposal of [the Corporation or any other local authority] [These words 'the Corporation or any other local authority' were substituted for the words 'the Corporation' by M. P. Act XIX of 1952, Section 6(2).], while holding such office or place; or(i)has directly or indirectly any share or interest in any contract with, by or on behalf of the Corporation while owning such share or interest :Provided that a disqualification under clauses (e), (f), [* * *] [The brackets and letter '(g)' was deleted by Maharashtra 41 of 1994, Section 83(3).] or (i) may be removed by an order of the State Government in this behalf.Explanation. - A person shall not, by reason of being a share holder in or a member of any incorporate or registered company, be deemed to be interested in any contract entered into between the Company and the Corporation.(j)[ has more than two children : [Clause (j) was added by Maharashtra 43 of 2000, Section 4.]Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporation 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 but of a single subsequent delivery shall be deemed to be one entity;(ii)"child" does not include an adopted child or children.](k)[ is a Member of the State Legislature or of Parliament: [Clause (k) was added by Maharashtra 8 of 2002, Section 9.]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.](2)[(a) A person shall be disqualified for being a Councillor or for contesting an election for being elected as a Councillor, for a period of six years, if, an order is passed by the concerned authority, under sections 19(a), 21(2) or as the case may be, section 428, holding that such person was elected as a Councillor to a seat which was reserved for a member belonging to a Scheduled Caste. Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as "a reserved category"), on the basis of a false claim or a false Caste Certificate declaring that such person belonged to such reserved category.(b)Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority.(3)(a)Notwithstanding anything contained in sub-section (2), a Councillor who has been elected to a reserved seat as mentioned in sub-section (2), shall be disqualified for being such Councillor consequent upon the Caste Certificate Verification Committee or any other Competent Authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelling the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by said Committee or the Competent Authority, (b) On any person having been disqualified for being a Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the State Government shall, by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such Order.] [Section 15 was renumbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Maharashtra 11 of 2002, Section 37.]
