Section 53 in Chennai City Municipal Corporation Act, 1919
53. Disqualification of councillors.
(1)Subject to the provisions of section 54, [a councillor or a person referred to in [clauses (b) or (c)] [Substituted by the Tamil Nadu Act 26 of 1994.] of sub-section (2) of section 5] [* * *] [Omitted by Tamil Nadu Act XXIV of 1958.] shall cease to hold office as such, if he-(a)is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 52;(aa)[ is convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955);] [Inserted by Tamil Nadu Act 11 of 1978.](b)becomes an unsound mind, a deaf-mute, or a leper;(c)applies to be adjudicated or is an adjudicated bankrupt or insolvent;(d)subject to the proviso to clause (c) of sub-section (2) of section 52, acquires any interest directly or indirectly, by himself or his partner, in any subsisting contract made with, or work being done for, the corporation;(e)is employed as paid legal practitioner on behalf of the corporation or accepts employment as legal practitioner against the corporation;(ee)[ becomes a representative or officer of any association or union representing, or purporting to represent, any section of the corporation establishment or any class of employees of the corporation;] [Inserted by section 34(i) of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).](eee)[ does not belong to Scheduled Caste or Scheduled Tribe, but has been elected from the seat reserved for Scheduled Caste or Scheduled Tribe, as the case may be.] [Inserted by Tamil Nadu Act No. 57 of 2008.](f)is appointed to any office or post referred to in clause (e) of sub-section (2) of section 52;(g)[ is disqualified under section 71;] [Substituted by section 5(i) of the Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act X of 1962), which came into force on the 17th September, 1962).](h)ceases to reside in the city; [* * *] [Omitted by section 3 of the Madras City Municipal (Amendment) Act, 1941 (Tamil Nadu Act IV of 1941), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).](hh)[ fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the corporation, within three months after a bill, notice or direction has been served upon him under this Act, or where in the case of any arrear this Act does not require the service of any bill, notice or direction, within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the commissioner to serve at the earliest possible date) has been duly served upon him by the commissioner; or] [Inserted by Madras City Municipal (Amendment) Act, 1941 (Tamil Nadu Act IV of 1941).](i)fails to attend [the meetings of the council for a period of three consecutive months beginning from] [Substituted for the words 'three consecutive meeting of the council after' by Tamil Nadu Act 1 of 2007, dated 22.01.2007.] the date of the commencement of his term of office or of the last meeting, he attended, as the case may be.(ii)Omitted by section 19 of the Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).(2)Notwithstanding anything contained in clause (a), [or clause (aa)] [Inserted by Tamil Nadu Act 11 of 1978.] of subsection (1), [the (Tamil Nadu State Election Commission)] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).] may direct, that [such conviction or sentence] [Substituted for 'such sentence' by Tamil Nadu Act 11 of 1978.] shall not operate as a disqualification.(3)Where a person ceases to be councillor [* * *] [Omitted by section 2(2) of the Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).] under clause (a), [clause (aa)] [Inserted by Tamil Nadu Act 11 of 1978.] or [clause (g)] [Substituted for the word, 'clause (h)' by section 30(ii)(b) of the Tamil Nadu Act X of 1936.] of sub-section (1), he shall be restored to office for such portion of the period for which he was elected [* * *] [Omitted the words 'or co-opted' by section 7 of the Tamil Nadu Municipal Corporation Laws (Second Amendment) Act, 1990 (Tamil Nadu Act 27 of 1990).] as may remain unexpired at the date of such restoration, if and when the [conviction,] [Inserted by Tamil Nadu Act 11 of 1978.] sentence or order is annulled on appeal or revision 280 or the disqualification caused by the [conviction or] [Inserted by Tamil Nadu Act 11 of 1978.] sentence or incurred under section 71 is removed by an order of [the State Election Commission] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).] [and any person elected [* * *] [Added by section 30( ii)(c) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] to fill the vacancy in the interim shall on such restoration vacate office.](4)In the case of a person who has ceased to be a councillor [* * *] [Omitted by section 2(2) of the Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958).] in consequence of failure to attend meetings the matter shall be reported by the commissioner at the [next ordinary meeting] [Substituted for the words 'next general meeting' by Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] and the council may at that meeting restore such person to office.
