Section 8 in Haryana Municipal Corporation Act, 1994
8. [Disqualifications of Mayor and members] [Substituted 'Disqualifications of members' by Haryana Act No. 28 of 2018, dated 4.10.2018.].
(1)A person shall be disqualified for being chosen as, and [for being a Mayor or member] [Substituted 'for being a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of the Corporation -(a)if he 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;(b)if he is so disqualified by or under any law made by the Legislature of the State.(2)A person shall also be disqualified for being chosen as, and [for being a Mayor or member] [Substituted 'for being a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.]-(a)if he is of unsound mind and stands so declared by a competent court;(b)if he is an undischarged insolvent;(c)if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;(d)if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of -(i)any corrupt practice under section 22 of this Act,(ii)any offence punishable under section 171-E or 171-F of the Indian Penal Code, 1860, or any offence punishable under section 30 or clause (a) of sub-section (2) of section 31 of this Act;unless a period of five years has elapsed since the date of the finding;(e)if he has been sentenced or convicted by a criminal court to imprisonment for an offence involving moral turpitude;(f)if he holds any office of profit under the Corporation;(g)if he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner or is a Partner of a firm of which any such licensed person is also a Partner;(h)if he holds any office of profit under the Government;(i)if he is interested in any subsisting contract made with, or any, work being done for the Corporation except as a share holder (other than a director) in an incorporated company or as a member of a co-operative society;(j)if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a Partner or with which he is engaged in a professional capacity, in connection with any cause or proceedings in which the Corporation or any of municipal authorities is interested or concerned;(k)if he, having held any office under the Government, the Corporation or any other local authority, any Government company or any corporate body owned or controlled by the Government has been dismissed from service;(l)if he fails to pay any arrears of any kind due to him, otherwise, than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him;[* * *] [[Old clause (m) and proviso thereunder shall be omitted by Haryana Act No. 13 of 2007 with effect from the 1st January, 2005, except in situations where the re-elections after removal have been held. Omittted text is as under -(m)if, he has more than two living children :Provided that a person having more than two children on or upto the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.]](m)[ if he furnishes a false caste certificate at the time of filing nomination and he shall be so disqualified for a period of six years from contesting the election of the Corporation; [Clause (m) and (n) added by Haryana Act No. 13 of 2007.](n)if he is convicted or has been convicted of an offence punishable under Sections 29, 30 and 31 of the principal Act, the Prevention of Corruption Act, 1988 (49 of 1988) or the Prevention of Terrorism Act, 2002 (15 of 2002).](3)Notwithstanding anything contained in sub-sections (1) and (2) above -(a)a disqualification under clause (e) of sub-section (2) shall not take effect until three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence until that appeal or petition is disposed of;(b)a person shall not be deemed to have incurred any disqualification under clause (f), or clause (g) of sub-section (2) by reason only of his receiving-(i)any pension; or(ii)any allowance or facility for serving as a Mayor or Deputy Mayor or as a member; or(iii)any fee for attendance at a meeting of any committee of the Corporation;(c)a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (i) of sub-section (2) by reason only of his having a share or interest in -(i)any lease, sale, exchange 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 Corporation is inserted; or(iv)the sale to the Corporation or to any other municipal authority or any officer or other employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or purchases from the Corporation or from any such authority, officer or other employee on behalf of the Corporation of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or(v)the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work;(v)any agreement or contract with the Corporation or any other municipal authority for taking water or any other thing which the Corporation may generally supply.(4)[ If a person sits or votes as a Mayor or member of the Corporation where he is not qualified or that he is disqualified for the post of Mayor or membership, he shall be liable in respect of each day on which he so sits or votes to penalty of five hundred rupees to be recovered as an arrear of tax under this Act.] [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.](5)If any question arises [as to whether a Mayor or member] [Substituted 'as to whether a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of the Corporation has become subject to any of the disqualifications mentioned in sub-sections (1) and (2), the question shall be referred for decision of such authority and in such manner as the Government may by notification provide.
