Section 17 in The M.P. Municipal Corporation Act, 1956
17. General disqualification for becoming a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.].
(1)No person shall be a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.], who-(a)[ (i) has been convicted of any offence, punishable under Section 153-A, or Section 171-E or Section 171-F, or sub-section (2) or sub-section (5) of Section 505 of the Indian Penal Code, I860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the People Act, 1951 (No. 43 of 1951) or Sections 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961) or Section 10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since his release after undergoing the sentence; [Substituted by M.P. Act No. 7 of 1988.](ii)has been convicted by a Court in India :-(a)for an offence not falling under sub-clause (i) and sentenced to imprisonment for a period of not less than two years; or(b)for contravention of any provisions of the Madhya Pradesh Nagariya Kshetron Me Ke Bhoomihin Vyakti (Pattadhruli Adhikaron Ka Pradan Kiya Jana) Adhiniyam. 1984 (No. 15 oF 1984) or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs.unless a further period of six years has elapsed since his release after undergoing the sentence.Explanation. - In this clause :-(a)"Law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law providing for :-(i)the regulation of production or manufacture of any essential commodity;(ii)the control of price at which any essential commodity may he bought or sold;(iii)the regulation of acquisition, possession, storage, transportation, distribution, disposal, use or consumption of any essential commodity;(iv)the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;(b)"drug" shall have the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (No. 23 of 1940);(c)"essential commodity" shall have the same meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955);(d)"food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954);][(a-i) has, in proceedings for questioning the validity or regularity of an election or [nomination] [Inserted by M.P Act No. 13 of 1961.], been found to have been guilty of any corrupt practice, unless a period of five years has elapsed since the date of the finding of the disqualification has been removed by the State Government under Section 441-G;](b)has been removed from office under Section [18, 19-B or sub-section (3) of Section 23] [Substituted by M.P. Act No. 20 of 1998.] unless he has been relieved by Government from the disqualification arising on account of such removal from office;(bb)[ has been disqualified for further election or [nomination] [Inserted by M.P. Act No. 59 of 1976.] as a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] under Section 17-A unless he has been relieved by the Government from such disqualifications;](c)is an undischarged insolvent;(d)is of unsound mind and stands so declared by a competent Court;(e)[ is less than twenty live years of age, in case of a Mayor and is less than twenty one years of age, in case of a Councillor] [Substituted by M.P. Act No. 18 of 1997.];(f)is in the service of the Government or any local authority or is a Government pleader;(g)has directly or indirectly by himself or his partner, any share or interest in any work being done of the Corporation or in any contract or employment with or under, or by, or on behalf of the Corporation :Explanation. - A person shall not be deemed to have incurred disqualification under this clause by reasons of his-(a)receiving a Government or municipal pension;(b)having any share or interest in-(i)any lease, sale or transfer of land;(ii)any agreement for the loan of money or any security for the payment of money only;(iii)any joint stock company except as a director or managing agent or any registered co-operative society;(iv)occupying as a tenant any premises belonging to the Corporation;(h)has been dismissed from Government or municipal service on account of misconduct involving moral turpitude; [x x x] [Omitted by M.P. Act No. 59 of 1976.](i)has any tax or dues, payable to the Corporation, standing against his name for a period exceeding one year; [or] [Inserted by M.P. Act No. 59 of 1976.](j)[ has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh Sthaniya Nidhi Sarnpariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam; or] [Inserted by M.P. Act No. 59 of 1976.](k)[ 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 : [Inserted by M.P. Act No. 16 of 1994.]Provided that no person shall be disqualified on the ground that he is less than 25 years of age, if he has attained the age of twenty one years.](l)[ has been convicted of an offence against women] [Inserted by M.P. Act No. 20 of 1998.].(m)[ Omitted.] [[Omitted by M.P. Act No. 16 of 2007. Prior to omission it read as under:'(m) has more than two living children one of whom is born on or after 26th January, 2001;']](n)[ has been disqualified under Section 14-C.] [Inserted by M.P. Act No. 29 of 2003.](2)Disability from continuing as a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.]. - If any [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997] during the term for which he has been [elected] [Substituted by M.P. Act No 13 of 1961.] or [nominated] [Substituted by M.P. Act No. 16 of 1994.]-(a)[ becomes disqualified :- [Substituted by M.P. Act No. 11 of 1978.](i)under sub-section (1) of Section 13 and his name is struck off the electoral roll under sub-section (1-A) of that section: or(ii)under sub-section (1) of this section]; or(b)acts as a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] in any matter-(i)in which he has directly or indirectly by himself or his partner, any share or interest, as is described in clause (g) of sub-section (1); or(ii)in which he is professionally interested on behalf of a client, principal or other person; or(c)absents himself during [six consecutive months] [Substituted by M.P. Act No. 13 of 1961.] from the meetings of the Corporation except with the leave of the Corporation: or(cc)[ Omitted.] [[Omitted by M.P. Act No. 16 of 2007. Prior to omission it read as under :'(cc) begets a child on or after 26th January, 2001 which increases the number of his children to more than two. or;']](d)fails to pay any arrears of any kind due by him to the Corporation within three months after a notice in this behalf has been served upon him,(e)[ becomes disqualified for being chosen as and for being a Councillor or Mayor under Section 14-C] [Inserted by M.P. Act No. 29 of 2003] :he shall, subject to the provisions of sub-section (3), be disabled from continuing to be a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] and his office shall become vacant;[Provided that a disqualification under clause (a) of sub-section (I) shall not lake effect until three months have elapsed from the date of conviction, or, if within that period an appeal is filed or application for revision is filed in respect of the conviction or the sentence until that appeal or application is disposed of by the Court.] [Inserted by M.P. Act No, 7 of 1988.](3)Power to decide whether vacancy has occurred. - [In every case] [Substituted by M.P. Act No. 29 of 2003, for the words 'in every case'.] except the cases falling under clause (n) of sub-section (1) and clause (c) of sub-section (2), the authority competent to decide whether a vacancy has occurred under this section shall be the Government. The decision may be given either on any application made by any person or suo motu until the Government decides that the vacancy has arisen, the [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] shall not be disabled under sub-section (2) from continuing to be a [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] :Provided that no order under this sub-section shall be passed against any [Councillor or Mayor] [Substituted by M.P. Act No. 18 of 1997.] without giving him a reasonable opportunity of being heard.
