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[Cites 0, Cited by 0] [Section 49] [Entire Act]

State of Tamilnadu - Subsection

Section 49(2) in Tamil Nadu District Municipalities Act, 1920

(2)A person shall be disqualified for [election] [This word was substituted for the words 'election or appointment' by section 41(ii)(a) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] [as a chairman or election as a councillor] [Substituted for 'as a councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] if such person is at the date of [nomination or election] [These words were substituted for the words 'nomination, election or appointment' by of the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006)]-
(a)[ of unsound mind, a deaf-mute or a leper;] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]
(b)[an applicant to be adjudicated a bankrupt or insolvent or] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] an uncertified bankrupt or undischarged insolvent;]
(c)[] [These words added by section 41 (ii)(c) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] interested in a subsisting contract made with, or any work being done for, the municipal council except as a shareholder (other than a director) in a [company] [Substituted for the words 'an incorporated company' by section 41(ii)(d) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]:
[Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-
(i)any lease, sale or purchase of immovable property or any agreement for the same; or
(ii)any agreement for the loan of money or any security for the payment of money only; or
(iii)any newspaper in which any advertisement relating to the affairs of the council is inserted; or
(iv)the sale to the council of any articles in which he regularly trades, or the purchase from the council of any articles to a value in either case not exceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or work];
(cc)[ employed as paid legal practitioner on behalf of the council or as legal practitioner against the council;] [This clause was inserted by section 41(ii)(f) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
(d)[ an officer or servant holding office under this Act; or a honorary magistrate for the municipal town;] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).]
(e)[ already [the chairman or a councillor] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).] whose term of office as such will not expire before his fresh election [xxx] [The words 'or' appointment were omitted by section 41(ii)(g) of the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006).] can take effect; [or has already been elected [a councillor] [These words were inserted by the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006)] whose term of office has not yet commenced;] [xxx] [The word 'or' was omitted by section 2(i)(a) of the Madras District Municipalities and Local Boards (Amendment) Act, 1940 (Madras Act XIV of 1940), re-enacted permanently by section 2 of, and the first Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VI of 1948).]]
(f)[
[the servant or employer or the official subordinate or official superior of a councillor holding office on the said date;] [The original clauses (i) to (vi) were lettered as (a) to (f) respectively by section 41 (ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] [or] [The words 'or' and clause (g) were added by section 2(i)(b) of the Madras District Municipalities and Local Board (Amendment) Act, 1940 (Madras Act XIV of 1940), re-enacted permanently by section 2 of and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. I), Act 1948 (Tamil Nadu Act VII of 1948).]]
(g)in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the .municipality up to and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired.