Section 8 in Jammu and Kashmir Municipal Corporation Act, 2000
8. Disqualification of Councillors.
(1)A person shall be disqualified for being chosen as, and for being, a Councillor or the Corporation:-(a)if he is so disqualified by or under any law for the time being in force for the purposes of election to the Legislature of the State;Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 18 years; and(b)so disqualified by or under any law made by the Legislature of the State;(c)if he is of unsound mind and stands so declared by a competent court;(d)if he is an undischarged insolvent;(e)if he is not 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;(f)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 21 of this Act;(ii)any offence punishable under sections 171-E or 171-F of the Jammu and Kashmir State Ranbir Panel Code. Samvat 1989 or any offence punishable under section 29 or clause (a) of sub-section (2) of section 30 of this Act; unless a period of six years has lapsed since the date of the finding;(g)if he has been sentenced or convicted by a criminal court to imprisonment for an offence involving moral turpitude, unless a period of six years has clasped since his conviction;(h)if he holds any office of profit under the Government or the Municipal Corporation;(i)if he is a lincensed architect, draftsman, engineer, plumber, surveyor or town planner is a partner of a firm of which any such lincensed person is also partner;(j)if he holds any office of profit under the Government or the Municipal Corporation;(k)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;(l)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 proceeding in which the Corporation or any Municipal authorities is interested or concerned;(m)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;(n)if he has encroached upon or is a beneficiary of the encroachment upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the Government, a Municipality, a Panchayat, Cooperative Society or any other local authority, unless a period of six years has clasped since the date on which he is ejected there from or he ceases to be encroacher;Explanation. - For the purposes of which clause the expression "beneficiaries" shall include the spouse and legal heirs of the encroachers; or(o)if he is registered as a habitual offender under any existing, law of State;(p)if he has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, Samvat 1989;(q)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;(r)if he is in the employment or service under any Panchayat or of any other local authority or co-operative society or the Government or Central Government or any public sector undertaking under the control of the Central or the State Government.Explanation. - For the purposes of this clause the expression "service" or "employment" shall include persons appointed, engaged or employed on whole term, casual, daily or contract basis.(2)Notwithstanding anything contained in sub-sections (1),(a)a disqualification under clause (g) of sub-section (1) 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 (h) or clause (i) of sub-section (1) 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 Councillor; or(iii)any fee for attendance at a meeting or any committee of the Corporation;(d)a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (k) of sub-section (1) by reason only of his having a share or interest in -(i)any lease, else, exchange, 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 the purchase from the Corporation or from any such authority, office 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 leaving out on hire to the Corporation or the hiring from the Corporation of any article not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; and(vi)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.(3)If a person sits or votes as a Councillor of the Corporation when he is not qualified or when he is disqualified for such Councillor-ship, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as arrears of tax under this Act.(7)If any question arises as to whether a Councillor of the Corporation has become subject to any of the disqualification`s mentioned in sub-section (1), the question shall be refereed for the decision of such authority and in such manner as the Government may by notification provide.(8)If a person who is chosen as a Councillor of the Corporation, becomes a member of the House of the People, the Council of States, the Legislative Assembly or the Legislative Council, or is or becomes member of a Municipality, or a Panch of a Panchayat, then at the expiration of a period of fifteen days from the date of publication of the election result, as the case may be, within fifteen days from the date of the commencement of term of office of a Member of the House of People, the Council of State, the State Legislative Assembly or Member of the Municipality, or Panch of a Panchayat, his seat in a Corporation shall become vacant, unless he has previously resigned his seat in the House of People, the Council of the States, the Legislative Assembly, the Legislative Council, the Panchayat or the Municipality, as the case may be.Explanation. - For the purposes of sub-section (5) the expression "Panch of the Panchayat" shall have the same meaning as is assigned to it under clause (m) of subsection (1) of section 2 of the Jammu and Kashmir the Panchayati Raj Act, 1989, and shall include a Sarpanch and Naib-Sarpanch.
