Section 16(1) in The Mumbai Municipal Corporation Act, 1888
(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.]
