Section 16(1) in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
(1)No person shall be qualified to become a Councillor whether by election, [* * *] [The word 'Co-option' was deleted by Maharashtra 41 of 1994, Section 120(a).] or nomination, who, -(a1)[ has been so disqualified by or under any law, - [Clause (a1) was inserted by Maharashtra 41 of 1994, Section 120(b).](i)for the time being in force for the purpose of elections to the Legislature of the State:Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years.(ii)made by the legislature of the State of Maharashtra; or];(a)[ has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of [six years] [Clause (a) was deemed always to have been substituted with effect from 16th December, 1974 for the original by Maharashtra 4 of 1975, Section 3.], or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or](aa)[ has at any time after the commencement of the Maharashtra Municipalities and other Provisions (Amendment) Act, 1974, (Maharashtra IV of 1974), been convicted of an offence punishable under Section 153-A, or sub-section (2) or (3) of section 505, of the Indian Penal Code, unless a period of [six years] [Clauses (aa) to (ac) were inserted by Maharashtra 4 of 1974, Section 7(a)(4).] has elapsed since the date of such conviction; or(ab)has been convicted of an offence punishable under the [Untouchability (Offences) Act, 1955 (XXII of 1955) and sentenced to imprisonment for any term or fine unless a period of [six years] [See now the Protection of Civil Rights Act, 1955.], has elapsed since his release; or](ac)has been convicted by a court in India of any offence involving moral turpitude unless a period of [six years] [These words were substituted for the words 'five years' by Maharashtra 41 of 1994, section 120(c).], has elapsed since the date of such conviction; or](b)has been removed from office under section 42 and [six years] [These words were substituted for the words 'five years' by Maharashtra 41 of 1994, section 120(c).] have not elapsed from the date of such removal, unless he has, by an order made by the State Government in this behalf, been relieved earlier from the disqualification arising on account of such removal from office; or(ba)[ has been found guilty of misconduct in the discharge of his duties, or being guilty of any disgraceful conduct while holding the office of the President or Vice-President of the Council unless the period of disqualification provided under Section 55B has lapsed.] [This clause was inserted by Maharashtra 11 of 1996, Section 11(1).](c)is an undischarged insolvent; or(d)is of unsound mind and stands so declared by a competent Court; or(e)has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State; or(f)is a Judge; or(g)is a subordinate officer or servant of Government or any local authority or holds an office of profit under Government or any local authority; or(ga)[ if, having held any office under any Government or local authority has, whether before or after the commencement of the Maharashtra Municipalities and other Provisions (Amendment) Act, 1974, (Maharashtra IV of 1974), been dismissed for misconduct, unless a period of [six years] [Clause (ga) was Inserted by Maharashtra 4 of 1974, Section 7(a)(iii).] has elapsed since his dismissal; or](h)is in arrears (otherwise than as a trustee) of any sum due by him to the Council after the presentation of bill therefor to him under section 150; or(ha)[ has not paid any sums due, whether surcharged or charged, under the provisions of the Bombay Local Fund Audit Act, 1930] [Clause (ha) was inserted by Maharashtra 18 of 1993, Section 6.] (Bombay XXV of 1930);(i)save as hereinafter provided, has directly or indirectly, by himself or his partner, any share or interest in any work done by order of a Council or in any contract with or under or by or on behalf of a Council; or(j)save as hereinafter provided, has directly or indirectly, by himself, or his partner any, share or interest in any transaction of loan of money advanced to, or borrowed from, any officer or servant of the Council;(k)[ has more than two children: [Clause (k) was inserted by Maharashtra 43 of 2000, Section 5.]Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchyats and Industrial Townships (Second Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such commencement") shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:Provided further that a child or more than one child born in a Single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.Explanation. - For the purposes of this clause, -(i)where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;(ii)'Child' does not include an adopted "child or children".](l)[ is a member of the State Legislature or of Parliament: [Clause (l) was added by Maharashtra 8 of 2000, Section 16, (w.e.f. 7-9-2001).]Provided that nothing in this Clause shall affect the membership of a sitting Councillor till the expiry of his current term of office as such Councillor:Provided further that, any action, taken by such Councillor during the period from the 7th October, 2001 till the 20th October, 2001, being the date of publication of the Maharashtra Municipal Corporation and Municipal Councils (Amendment) Ordinance, 2001, shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the said period he had incurred disqualification under this clause.]
