Section 50 in Tamil Nadu District Municipalities Act, 1920
50. Disqualification of [chairman or councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.].
(1)Subject to the provisions of section 51,[the chairman or a councillor] [ Substituted for 'a councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] [or a person referred to in clauses (b) and (c) of sub-section (2) of [section 3-C or clauses (a) and (b) of sub-section (2) of section 3-Q] [Inserted by Tamil Nadu Act XXV of 1994] or clauses (b) and (c) of section (3) of section 7] shall cease to hold his office, 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 49;(b)becomes of unsound mind, a deaf-mute, or a leper;(c)applies to be adjudicated or is adjudicated a bankrupt or insolvent;(d)subject to the proviso to [clause (c) of sub-section (2) of section 49] [This expression was substituted for the expression 'section 49 sub-section (2)' by section 42(i)(b) of the Tamil Nadu District Municipalities (Amendment) Act, (Tamil Nadu Act X of 1930)], acquires any interest in any subsisting contract made with, or work being done, for the council except as a shareholder (other than a director), in [a company xxx;] [These words were substituted for the words 'an incorporated company' and the word 'or is employed as paid legal practitioner on behalf of the council or accepts employment as legal practitioner against the council' were omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](dd)[ is employed as paid legal practitioner on behalf of the council or accepts employment as legal practitioner against the council;] [This clause was inserted by section 42(1)(c) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](ddd)[ 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 maybe;] [Inserted by Tamil Nadu Municipal Laws (7th Amendment) Act, 2008 (Tamil Nadu Act 57 of 2008)](e)[ is appointed as an officer or servant under this Act or as an honorary magistrate for the municipal town;] [This clause was substituted for the original clause by section 42(i)(d) of Tamil Nadu Municipal Laws (7th Amendment) Act, 2008 (Tamil Nadu Act 57 of 2008)](f)accepts employment under or becomes the official subordinate [of the chairman or any other councillor] [Substituted for 'of any other councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.];(g)[xxx] [This clause was omitted by section 42(1)(f) of the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006)](h)ceases to reside in the municipality or within two miles thereof; [xxx] [The words 'or' was omitted by section 2(ii)(a) of the Madras District Municipalities and Local Boards (Amendment) Act, 1940 (Madras Act XIV of 1940), re-enacted permanently by section 2 of and the first Schedule to the Tamil Nadu Re-enacting and Repealing (No. I) 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 municipality, within three months after a bill or notice 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 or notice, within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the executive authority to serve at the earliest possible date) has been duly served upon him by the executive authority;] [This clause was inserted by section 2(ii)(b) of the Madras District Municipalities and Local Board (Amendment) Act, 1940 (Madras Act XIV of 1940), re-enacted permanently by section 2 of and the first Schedule to the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).] or(i)[ absents himself from the meetings of the council for a period of three consecutive months reckoned from the date of commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as [the chairman or councillor] [This clause and Explanation were substituted for clause (i) and the Explanation thereto by section 2 of the Madras District Municipalities (Second Amendment) Act, 1934 (Madras Act IV of 1935).] under sub-section (4), as the case may be, or of within the said period, less than three meetings have been held, absents himself from three consecutive meetings held after the said date:]Provided that no meeting from which [xxx] [The words 'chairman or' omitted by the Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006).] [the chairman or a councillor] [Substituted for 'a councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] absents himself shall be counted against him under this clause, if due notice of that meeting was not given to him.Explanation. - A meeting held under sub-rule (2) of rule 2 of Schedule III or rule 3 of that Schedule shall not be deemed to be a meeting within the meaning of this clause.(2)Notwithstanding anything contained in clause (a) of sub-section (1), the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may direct that such sentence shall not operate as a disqualification.(3)Where a person ceases to be a councillor under [clause (a) of sub-section (1) or under section 60)] [This expression was substituted for the words and letters 'clause (a) or clause (g)' by section 42(ii)(a) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930).], he shall be restored to office for such portion of the period for which he was elected [xxx] [The words 'or appointed' were omitted by section 42(ii)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] as may remain unexpired at the date of such restoration, if and when the sentence or order is annulled on appeal or revision or [the disqualification caused by the sentence or incurred under section 60 is removed by an order of the State Government] [These words and figures were substituted for the words, 'the disqualification caused by the sentence is removed by an order of the State Government' by section 16 of the Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act 10 of 1962).] and any person elected to fill the vacancy in the interim shall on such restoration vacate office.(4)[ Where a person ceases to be [xxx] [This sub-section was substituted for the original sub-section 42(iii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] [the chairman or a councillor] [Substituted for 'a councillor' by the Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] under clause (i) of sub-section (1), the [executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).] shall at once intimate the fact in writing to such person and report the same to the council at its next meeting. If such person applies for restoration suo motu to the council on or before the date of its next meeting or within fifteen days of the receipt by him such intimation, the council may at the meeting next after the receipt of such application restore him to his office of councillor:Provided that [xxx] [The words 'chairman or' omitted by section 34 Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006).] [the chairman or a councillor] [Substituted for 'a councillor' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] shall not be so restored more than twice during his term of office.]
