Section 16 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
16. Disqualifications.
(1)Subject to the provisions of sub-section (2), a person shall be disqualified for being chosen as, and for being, a Councillor -(a)if, whether before or after the commencement of this Act, he has been convicted or has, in proceeding for questioning the validity or regularity of an election, been found to have been guilty of -(i)any corrupt practice under section 27 or section 28 entailing disqualification for membership of a Zilla Parishad or a Panchayat Samiti, unless such period as is mentioned in the decision of the judge under section 27 or as provided by section 28 has elapsed;(ii)[* * * * * *] [ Sub-clause (ii) was deleted by Maharashtra 21 of 1994, Section 41 (1)](iii)any corrupt practice entailing disqualification for membership of any local authority constituted or established, by or under any law for the time being in force, unless the period of disqualification has elapsed or the disqualification is removed under such law;[(a-1) if he has been disqualified by or under any law for the time being in force for the purpose of elections to the Legislature of the State: [Clause (a-1) was inserted by Maharashtra 21 of 1994, Section 41(17).]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 21 years;](b)if, whether before or after the commencement of this Act, he has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than one year, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or(c)if, having held any office under any Government or local authority, he has whether before or after the commencement of this Act, been dismissed for misconduct, unless a period of five years has elapsed since his dismissal; or(d)if he has been removed from office under section 39 and a period of five years, or such lesser period as the State Government may notify in any particular case, has not elapsed from the date of such removal; or(e)if he is of unsound mind and stands so declared by a competent Court; or(f)if he is an undischarged insolvent; or(g)if he is deaf-mute; or(h)if he holds any office of profit under a Panchayat or Zilla Parishad or under or in the gift of the Government; or(i)if he has directly or indirectly by himself or by his partner any share or interest in any work done by order of the Zilla Parishad or in any contract with, by or on behalf of, Zilla Parishad, or(j)if he has directly or indirectly by himself or by his partner any share or interest in any transaction of loan of money advanced to, or borrowed from the Zilla Parishad', or(k)if he has failed to pay any tax or fee due to any Panchayat in the District or to the Zilla Parishad within six months from the date on which the amount of such tax or fee is demanded, and a bill for the purpose is duly served on him;(l)If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;(m)If he is a member of the State Legislature or of Parliament or of any Municipal Council or Cantonment Board constituted or established by or under any law for the time being in force;[* * * * *] [Proviso to clause (m) was deleted Maharashtra 21 of 1994, Section 41(3).](n)[ if he has more than two children.] [Clause (n) was added by Maharashtra 44 of 2000, Section 3(a).](o)[ if he has been disqualified by the State Election Commission under section 15B.] [Clause (o) was added by Maharashtra 16 of 2010, Section 5.](p)[ he has failed to submit a certificate of the concerned Panchayat alongwith a resolution of the Gram Sabha certifying that,] [Clause (p) was inserted by Maharashtra 33 of 2010, Section 3, (w.e.f. 10-1-2010).] -(i)he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or(ii)he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses that public toilet:[Provided that, no Councillor shall be disqualified under this clause, if he submits such certificate, to the Chief Executive Officer, within a period of one year from the 10th January, 2011, being the date of commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010.] [This proviso was substituted by Maharashtra 39 of 2011, Section 2(a) (w.e.f. 10-1-2011).][Provided further that, nothing contained in this clause shall affect the Councillor holding office on the 10th January, 2011, who has not submitted the certificate within a period of ninety days from the said date, as required under the provisions of this Act, as amended by the Bombay Village Panachayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010, and he shall not be deemed to be disqualified and shall continue to hold his office for a period of one year from the said date, unless he is disqualified under any other provisions of this Act or any other law for the time being in force.] [This proviso was added by Maharashtra 39 of 2011, Section 2(b) (w.e.f. 5-10-2011).][Explanation. - For the purpose of clause (k) of this sub-section failure to pay any tax or fee due to any Panchayat in the District or to the Zilla Parishad by a member of an undivided Hindu family, or by a person belonging to a group or unit, the members of which are by custom joint in estate or residence shall be deemed to disqualify all the members of such undivided Hindu family, or, as the case may be, all the members of such group or unit.] [This Explanation was added by Maharashtra 43 of 1962, Section 4(a).](1A)[ A person who at any time during the term of his office disqualified under the Maharashtra Local Authority Members' Disqualification Act, 1986 for being a councillor shall cease to hold office as such councillor.] [Sub-section (1A) was inserted by Maharashtra 10 of 1987, Section 11 Schedule.](2)Notwithstanding anything contained in sub-section (1) -(a)a disqualification under clause (a) or clause (b) of that sub-section shall not, in the case of a person who becomes so disqualified by virtue of a declaration or conviction and sentence and is at the date of the disqualification a Councillor, take effect until three months have elapsed from the date of such disqualification, or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed of;[* * * *] [The word 'and' was deemed always to have been deleted by Maharashtra 23 of 1963, Section 5(1).][(aa) a person shall not be disqualified under clause (h) of that sub-section by reason only of such person holding the office of Chairman or member of the committee of any co-operative society (which is registered or deemed to be registered under any law for the time being in force relating to the registration of co-operative society) to which appointment is made by the State Government, or the office of liquidator or joint liquidator to which appointment is made by the Registrar of Co-operative Societies, or the office of nominee of the Registrar whether appointed individually or to a board of nominees;] [Clause (aa) was deemed always to have been inserted by Maharashtra 23 of 1963 Section 5(2).](b)a person shall not be disqualified under clause (i) of that sub-section by reason only of such person-(i)having share in any joint stock company or a share or interest in any co-operative society which may contact with or be employed by or on behalf of the Zilla Pariashad; or(ii)having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Parishad may be inserted; or(iii)holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Parishad; or(iv)being professionally engaged on behalf of the Zilla Parishad as a legal practitioner; or(v)[ Having any share or interest in any lease for a period not exceeding fifty years, of any immovable property or in any agreement for the same; and before such lease or agreement is executed, the Collector certifies that no other suitable premises were available to the Zilla Parishad on lease; or [Sub-clauses (v) to (vii) were inserted by Maharashtra 35 of 1963, Section 6.](vi)Having a share or interest in the occasional sale to the Zilla Parishad of any article in which he regularly trades, or in the purchase from the Zilla Parishad of any article, to a value in either case not exceeding in any financial year five hundred rupees; or(vii)Having a share or interest in the occasional letting out on hire to the Zilla Parishad or in the hiring from the Zilla Parishad of any article for an amount not exceeding in any financial year fifty rupees or such higher amount not exceeding five hundred rupees as the Zilla Parishad with the sanction of the State Government may fix in this behalf];(c)a person shall not be disqualified under clause (i) or (j) of that subsection by reason only of such person having a share or interest in any transaction of loan given, or grant made, by or on behalf of the Zilla Parishad such share or interest being acquired, while he holds the office of a Councillor, in accordance with the rules prescribed by the State Government;(d)a person shall not be disqualified under clause (k) of sub-suction (1) for being chosen as a Councillor if on the date of filling of his nomination paper, on a demand being made in that behalf he is not in arrears of any tax or fee due to any Panchayat in the District or to the Zilla Parishad.(e)[ a person shall not be disqualified under clause (n) of sub-section (1) for being chosen as, or for being, a Councillor, if he is having more than two children on the date of commencement of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such commencement"), so long as the number of children he had on the date of such commencement does not increase; [Clause (e) was added by Maharashtra 44 of 2000, Section 3(b).]Provided 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 purposes of disqualification mentioned in clause (n) of sub-section (1).Explanation.- For the purpose of clause (n) of sub-section (1) and clause (e) of this sub-section -(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.](3)For the purposes of sub-section (1), a person shall not be deemed to hold an office of profit under any Government or local authority, by reason only that he receives compensatory allowance.(4)[* * *] [Sub-section (4) and (5) were deleted by Maharashtra 37 of 2007, Section 6, (w.e.f. 21.12.2006).](5)[* * *] [Sub-section (4) and (5) were deleted by Maharashtra 37 of 2007, Section 6, (w.e.f. 21.12.2006).]Explanation.- In sub-section (3), compensatory allowance shall mean such sum of money payable to the holder of an office of a Councillor by way of travelling allowance, daily allowance and such other allowance for the purpose of enabling him the recoup any expenditure incurred by him in performing the functions of that office.
