Section 47(1) in Gauhati Municipal Corporation Act, 1971
(1)A person shall be disqualified for being chosen as, and for being, a councillor -(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 holds any office of profit under the Government or under the Corporation or under any other local authority;(e)If he has in proceedings for questioning the validity or regularity of an election been found to be guilty of -(i)Any corrupt practice, or(ii)Any offence punishable under section 171-E or Section 171-F of the Indian Penal Code unless a period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively by the Government.(f)If he has been sentenced on conviction by a criminal court to imprisonment for any of the offences referred to in clause(e)or to imprisonment for an offence involving moral turpitude unless in each case a period of five years has elapsed since the date of the conviction or the disqualification has been removed either retrospectively or prospectively by the Government;(g)If he is directly interested in any subsisting contract made with, or any work being done for the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a Co-operative society;(h)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 the municipal authorities is interested or concerned;(i)If he fails to pay any arrears of any kind, due from 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.(l)if he/she has more than two living children from a single or multiple partners :Provided that this provision shall not be applicable in respect of those persons, who have more than two children prior to the date of commencement of this Act;(m)if he/she has not passed Bachelor's degree or equivalent examination from any University recognized by the State or the Central Government, as the case may be:Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational qualification shall be H.S.S.L.C or passed equivalent examination under any Board or Council recognized by the State or the Central Government, as the case may be;(n)if he/she does not have a functional sanitary toilet in his/her residence premises for the use of the family members;(o)if he/she had been disqualified previously for corruption or if he/she had been convicted for any act under any provision of Law.''
