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State of Telangana - Section

Section 22 in Greater Hyderabad Municipal Corporation Act, 1955

22. Disqualification for being a [Member] ['Throughout the Act For Substituted 1. Councillor Member 2. Councillors; Members 3. Division; Ward 4. Divisions; Wards 5. Constituency; Ward 6. Constituencies; Wards']vide Act No.17 of 1994.].

(1)Subject to the provisions of this Act, a person shall be disqualified for being elected as a [Member] ['Throughout the Act For Substituted 1. Councillor Member 2. Councillors; Members 3. Division; Ward 4. Divisions; Wards 5. Constituency; Ward 6. Constituencies; Wards']vide Act No.17 of 1994.] if such person is at the date of election-
(a)one who has been sentenced by any Court to imprisonment or for an offence involving moral turpitude [***] [Omitted by Act No.1 of 1995.] such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted or altered to transportation or imprisonment:
Provided that, on the expiry of such sentence the disqualification incurred under this clause shall cease;
(b)is of unsound mind and stands so declared by a competent Court, a deaf-mute or a leper;
(bb)[ already a member or Sarpanch of a Gram Panchayat or a member of a Mandal Praja Parishad or Zilla Praja Parishad constituted under the provisions of the [Telangana Panchayat Raj Act, 1994] [Inserted by Act No.5 of 2008.] or a member of a Nagar Panchayat or Municipality constituted under the provisions of the [Telangana] [Adapted by G.O.Ms.No.142, Municipal Administration & Urban Development (A2) Department, dated 29.10.2015.] Municipalities Act, 1965;]
(c)holds any office or place of profit under Government or under the Corporation or under any local authority:
[Provided that nothing in this clause shall apply to a person who, for the time being, is holding the office of the Chairman of an Urban Development Authority for the development area comprising the Corporation, constituted under sub-section (1) of section 3 of the [Telangana Urban Areas (Development) Act, 1975 (Act 1 of 1975.);] [Added by Act No.7 of 1982.]]
(d)is an undischarged insolvent;
(e)holds any judicial office with jurisdiction within the limits of the city;
(f)is employed as paid legal practitioner on behalf of the Corporation, or accepts employment as legal practitioner against the Corporation;
(g)having been a legal practitioner he has been dismissed or is under suspension by order of the High Court on any of the following grounds; the disqualification in the latter case being operative during the period of suspension:-
(i)a criminal offence implying a moral defect of character,
(ii)being guilty of fraudulent conduct;
(h)subject to the provisions of sub-section (2) has directly or indirectly, by himself or his partner or if he belongs to a Joint Hindu Family, by any member of such family, any share or interest in any contract or has employment with, by or on behalf of the Corporation;
(i)has been dismissed from the service of the Government, Corporation or any local authority for misconduct and has been declared by a competent authority to be not eligible for further employment in the public service;
(j)[ ***] [Omitted by Act No.28 of 2005.]
(k)had been disqualified for voting under section 20, unless such period has elapsed for which he was disqualified for voting.
(2)A person shall not be deemed to have incurred disqualification under clause (h) of sub-section (1) by reason only of his-
(a)receiving pension from the Corporation;
(b)having any share or interest in-
(i)any lease, sale, exchange or purchase of land or any agreement for the same;
(ii)any agreement for the loan of money or any security for the payment of money only;
(iii)any newspaper in which any advertisement relating to the affairs of the Corporation is inserted;
(iv)any Joint Stock Company or any Society registered or deemed to be registered under [the Telangana Co-operative Societies Act, 1952 (Act XVI of 1952.)] [The Act was repealed by the Andhra Pradesh Co-operative Societies Act, 1964. Now see the Telangana Co-operative Societies Act, 1964.] which shall contract with or be employed by the Commissioner on behalf of the Corporation;
(v)the occasional sale to the Commissioner on behalf of the Corporation of any article in which he regularly trades to a value not exceeding in the aggregate in any financial year rupees five thousand;or
(vi)the occasional letting out on hire to or hiring from the Corporation of any article for an amount not exceeding in the aggregate in any financial year rupees one thousand;
(c)occupying as a tenant for the purpose of residence any premises belonging to the Corporation.