40. Disqualifications for membership of Municipal Council/Town Council.
(1)A person shall be disqualified for being chosen as, and for being, a member,(a)If he is of unsound mind and stands so declared by a competent court;(b)If he is an un-discharged insolvent;(c)If he is not a citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;(d)If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the State;(e)If he is so disqualified by or under any law made by the Legislative Assembly of the State;(f)If he holds any office of profit under Municipal Council or Town Council;(g)If he holds any office of profit under the Government (or Central Government);(h)If he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner;(i)If he is interested in any subsisting contract made with, or any work being done for, the Municipal Council or Town Council except as a shareholder (other than a director) in an incorporated company or as a member of a co-operative society;(j)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 Municipal Council or Town Council or any of the Municipal authorities is interested or concerned;(k)If he, having held any office under the Government, the Municipal Council or Town Council or any other authority; has been dismissed for corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the Election Commission;(l)If he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the municipal council or town council within three months after a notice in this behalf has been served upon him.(2)Notwithstanding anything contained in sub-section (1) -(a)A person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of this receiving -(i)Any pension; or(ii)Any allowance or facility for serving as the Chairperson or Deputy Chairperson or as member; or(b)A person shall not be deemed to have any interest in a contract or works such as is referred to in clause (i) of that sub-section by reason only of his having a share of interest in -(i)Any lease, sale, exchange or 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 Municipal Council or Town committee is inserted; or(iv)The sale to the Municipal Council or Town Council or to any Municipal authority or any officer or other employee of the Municipal Council or Town Council on behalf of the Municipal Council or Town Council, of any article in which he regularly trades or the purchase from the Municipal Council or Town Council or from any such authority, officer or other employee on behalf of the Municipal Council or town Council, of any article of a value in either case not exceeding five thousand rupees in the aggregated in any year during the period of the contract or work; or(v)The letting out on hire to the Municipal Council or Town Council or the hiring from the Municipal Council or Town Council of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or(3)If a person sits or votes as a member of the Municipal Council or Town Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
