Section 16 in Andhra Pradesh Municipalities Act, 1965
16. Disqualification of members.
(1)Subject to the provisions of Section 17, a member 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 15;(aa)[ is elected to aWard/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes, and subsequently the community certificate, on the basis of which he is elected is cancelled, underSection 5oftheAndhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993;] [Inserted by Act No. 28 of 2005, dated 25.10.2005.](b)becomes of unsound mind and stands so declared by a competent court;(c)is a deaf-mute or is suffering from leprosy;(d)applies to be adjudicated or is adjudicated an insolvent;(e)subject to the proviso to clause (c) of Sub-section (2) of Section 15, acquires any interest in any subsisting contract made with, or work being done for, the council except as a share-holder, other than a director, in a company;(f)is employed as a paid legal practitioner on behalf of the council or legal practitioner against the council;(g)is appointed as an officer or servant under this Act or as an honorary magistrate for the municipal town;(h)accepts employment under or becomes the official subordinate of any other member;(i)ceases to reside for a period of more than six months in the municipality or within two kilometers from the outer limits therefrom;(j)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 arrears, this Act does not require the service of any bill or notice, within three months after a notice requiring payment of the arrears, which notice it shall be the duty of the Commissioner to serve at the earliest possible date, has been duly served upon him by the Commissioner;(k)absents himself from the meetings of the council for a period of three consecutive months reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as member under Sub-section (3), as the case may be, or within the said period less than three ordinary meetings have been held absents himself from three consecutive ordinary meetings held after the said date:Provided that in the case of a woman member a period of not more than two months at a time shall be excluded in reckoning the period of absence aforesaid if, for reasons of physical disability due to advanced stage of pregnancy and of delivery, such member absents herself from meetings of the council after giving a written intimation to the Commissioner of the date from which she would be absent:Provided further that no meeting from which a member absented himself shall be counted against him under this clause if notice of that meeting was not duly served on him.Provided also that nothing in this clause shall apply to an ex-officio member.Explanation. - For the purpose of this clause, (i) ordinary meeting' shall mean a meeting referred to in sub-rule (1) of Rule (2) in Schedule I. (ii) where a meeting other than an ordinary meeting intervenes between one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other.(2)Where a person ceases to be a member under Clause (a) of sub-section (1) or under Section 19, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence or order is annulled on appeal or revision and any person elected to fill the vacancy in the interim shall on such restoration, vacate office.(3)Where a person ceases to be a member under clause (k) of sub-section (1), the Commissioner 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 to the council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation; the council may, at the meeting next after the receipt of such application, or suo motu restore him to the office of member;Provided that a member shall not be so restored more than thrice during his term of office.
