Section 25 in Uttar Pradesh Municipal Corporation Act, 1959
25. Disqualifications for [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] Corproator.
(1)A person shall notwithstanding that he is otherwise qualified, be disqualified for being chosen as and for being, [* * *] [Omitted by U.P. Act 12 of 1977.] a Corporator, if he -(a)[ whether before or after the commencement of this Act has been convicted by a court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of five years, or such less period as the State Government may allow in any particular case, has elapsed since his release] [Substituted by S.4 of U.P. Act 14 of 1959.];(b)is a undischarged insolvent;(c)holds any place of profit in the gift or disposal of the Mahapalika;(d)[ is in the service of a State Government or the Central Government or any local authority or any undertaking or body owned or controlled by the State Government or the Central Government or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate or an Honorary Munsif or an Honorary Assistant Collector;] [Substituted by U.P. Act 16 of 2004, S.5 (w.r.e.f. 30-5-1994).](e)has whether by himself or by any person in trust for him or for his benefit or to his account, any share or interest in a contract for supply of foods to, or for the execution of any works or the performance of any services undertaken by the Corporation;(f)is in arrears in excess of one year's demand, of any tax payable to the Corporation, to which Section 504 applies or of any charges for water supplied by the Corporation;(g)having held any office under the Government of India or the Government of any State he has been dismissed for corruption or disloyalty to the State, unless a period of [six years] [Substituted by U.P. Act 15 of 1983 (w.e.f. 29-11-1982).] has elapsed since his dismissal;(h)is debarred from practicing as a legal practitioner by order of any competent authority;(i)is disqualified under Section 80 or 83 of this Act from being a member of a Corporation;(j)[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] is suffering from any of the infectious diseases to be specified by the State Government by order and has been declared by a medical officer not below the rank of a [Chief Medical Officer] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] to be incurable of such disease;(k)[ is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State; [Inserted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]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;]Provided that in the case of sub-clause (f), the disqualification shall cease as soon as the arrears are paid :Provided further that arrears of any tax or water charges due to the[Municipal Council] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] or any other local authority exercising jurisdiction within the area which has since been [notified] [Substituted for 'declared' by U.P. Act 26 of 1995, S.9 (w.e.f. 28-12-1994).] a City shall for the purposes of clause (f) be deemed to be arrears of tax or water charges payable to the Corporation.(2)[* * *] [Omitted by U.P. Act 12 of 1977.](3)[* * *] [Omitted by U.P. Act 12 of 1977.](4)Having been elected as [* * *] [Omitted by U.P. Act 12 of 1977.] a Corporator a person shall be disqualified for continuing as [ * * *] [Omitted by U.P. Act 12 of 1977.] a Corporator if he -(i)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 which he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Municipal Commissioner is interested or concerned, or(ii)absents himself for six consecutive months from the meetings of the Corporation, except on account of illness or any other cause accepted by the Corporation, or(iii)[ has created an obstacle in a meeting of the Corporation in such manner that it becomes impossible for the Corporation to conduct its business in the meeting or instigated someone to do so; or [Inserted by U.P. Act 16 of 2004, S.5 (w.r.e.f. 21-11-2002).](iv)has misbehaved with any officer or employee of the Corporation; or(v)has directly or indirectly caused any loss or damage to any property of the Corporation or abets any other person to cause such loss or damage; or(vi)is convicted for an offence which, in the opinion of the State Government involves moral turpitude.](5)A person shall not be deemed to have incurred any disqualification under clause (c) of the sub-section (1) by reason only of his receiving -(i)any pension(ii)any allowance or facility for serving as the Mayor or [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] or as a Corporator [* * *] [Omitted by U.P. Act 12 of 1977.].(6)A person shall not be deemed to have incurred disqualification under clause (e) of sub-section (1) by reason merely of his having any share or interest in -(i)any joint stock company or any society registered or deemed to be registered under the [Uttar Pradesh, Co-operative Societies Act, 1965] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] which shall contract with or be employed by the Municipal Commissioner on behalf of the Corporation.(ii)the occasional sale to the Municipal Commissioner on behalf of the Corporation of any article in which he regularly trades to value not exceeding in the aggregate in any one calendar year to two thousand rupees.(7)[ Any person who, after being elected as Corporator, becomes disqualified under this section shall not remain a Corporator and his seat shall become vacant with effect from the date of incurring such disqualification.] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
