Section 16(2) in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
(2)Notwithstanding anything contained in sub-section (1) -(a)a disqualification under clause (a) or clause (b) of that sub-section shall not, in the case of a person who becomes so disqualified by virtue of a declaration or conviction and sentence and is at the date of the disqualification a Councillor, take effect until three months have elapsed from 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;[* * * *] [The word 'and' was deemed always to have been deleted by Maharashtra 23 of 1963, Section 5(1).][(aa) a person shall not be disqualified under clause (h) of that sub-section by reason only of such person holding the office of Chairman or member of the committee of any co-operative society (which is registered or deemed to be registered under any law for the time being in force relating to the registration of co-operative society) to which appointment is made by the State Government, or the office of liquidator or joint liquidator to which appointment is made by the Registrar of Co-operative Societies, or the office of nominee of the Registrar whether appointed individually or to a board of nominees;] [Clause (aa) was deemed always to have been inserted by Maharashtra 23 of 1963 Section 5(2).](b)a person shall not be disqualified under clause (i) of that sub-section by reason only of such person-(i)having share in any joint stock company or a share or interest in any co-operative society which may contact with or be employed by or on behalf of the Zilla Pariashad; or(ii)having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Parishad may be inserted; or(iii)holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Parishad; or(iv)being professionally engaged on behalf of the Zilla Parishad as a legal practitioner; or(v)[ Having any share or interest in any lease for a period not exceeding fifty years, of any immovable property or in any agreement for the same; and before such lease or agreement is executed, the Collector certifies that no other suitable premises were available to the Zilla Parishad on lease; or [Sub-clauses (v) to (vii) were inserted by Maharashtra 35 of 1963, Section 6.](vi)Having a share or interest in the occasional sale to the Zilla Parishad of any article in which he regularly trades, or in the purchase from the Zilla Parishad of any article, to a value in either case not exceeding in any financial year five hundred rupees; or(vii)Having a share or interest in the occasional letting out on hire to the Zilla Parishad or in the hiring from the Zilla Parishad of any article for an amount not exceeding in any financial year fifty rupees or such higher amount not exceeding five hundred rupees as the Zilla Parishad with the sanction of the State Government may fix in this behalf];(c)a person shall not be disqualified under clause (i) or (j) of that subsection by reason only of such person having a share or interest in any transaction of loan given, or grant made, by or on behalf of the Zilla Parishad such share or interest being acquired, while he holds the office of a Councillor, in accordance with the rules prescribed by the State Government;(d)a person shall not be disqualified under clause (k) of sub-suction (1) for being chosen as a Councillor if on the date of filling of his nomination paper, on a demand being made in that behalf he is not in arrears of any tax or fee due to any Panchayat in the District or to the Zilla Parishad.(e)[ a person shall not be disqualified under clause (n) of sub-section (1) for being chosen as, or for being, a Councillor, if he is having more than two children on the date of commencement of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such commencement"), so long as the number of children he had on the date of such commencement does not increase; [Clause (e) was added by Maharashtra 44 of 2000, Section 3(b).]Provided 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 purposes of disqualification mentioned in clause (n) of sub-section (1).Explanation.- For the purpose of clause (n) of sub-section (1) and clause (e) of this sub-section -(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.]
