5. Disqualification of members. - No person shall be elected, appointed or nominated a member of a school board who-
[(a) is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State, or][(aa) is less than 25 years of age, or](b)is a judge of a Civil Court or [a salaried magistrate], or(c)(i)has been sentenced by a Criminal Court to fine, imprisonment or whipping for an offence involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or(ii)is a person against whom an order has been passed under Section 118 of the Code of Criminal Procedure, 1898 (V of 1898), in proceedings instituted under Section 110 of the said Code, such order not having subsequently been reversed or quashed, or(iii)has been removed from the office under this Act and five years have not elapsed from the date of such removal,unless he has, by an order of the [State] Government notified in the Official Gazette, been relieved from the disqualification arising on account of such sentence, order or removal from office, or(d)is a stipendiary officer or an employee of any school board, or district local board or municipality, or(e)who has been adjudged an insolvent and has not obtained his discharge, or(f)has, directly or indirectly, by himself or his partner, any share or interest in any work done by order of, or in any contract entered into on behalf of the school board or the electing local authority, or(g)is an employee or a teacher in any approved school, or(h)has resided within the district for a period of less than six months preceding the date fixed for recording of votes for elections to the school board, or(i)has been adjudged by a competent Court to be of unsound mind.Explanation: - A person shall not be deemed to have incurred disqualification under Clause (f) by reason of his-(a)having any share or interest in any lease, sale or purchase of any immovable property or in an agreement for the same if before taking his seat as a member of the school board, he has obtained the sanction of the [State] Government to have such share or interest, or(b)having a share or interest in any joint stock company or in any society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), which may contract with or be employed by or on behalf of the school board or the electing local authority, or(c)having a share or interest in any newspaper in which any advertisement relating to the affairs of the school board or the electing local authority may be inserted, or(d)holding a debenture or being otherwise interested in any loan raised by or on behalf of the school board of the electing local authority, or(e)having a share or interest in the occasional sale to the school board or electing local authority of any article in which he regularly trades, or in the purchase from the school board or the electing local authority of any article, to a value in either case not exceeding in any official year five hundred rupees, or such higher amount not exceeding two thousand rupees as the school board or electing local authority with the sanction of the [State] Government may fix in this behalf, or(f)having a share or interest in the occasional letting out on hire to the school board or the electing local authority or in the hiring from the school board or the electing local authority of any article for an amount not exceeding in any official year fifty rupees, or such higher amount not exceeding two hundred rupees as the school board or the electing local authority with the sanction of the [State] Government may fix in this behalf, or(g)being a police patel who is an ex-officio keeper of village cattle pounds under the control of the electing local authority.
