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[Cites 0, Cited by 0] [Section 8] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 8(1) in Jammu and Kashmir Municipal Corporation Act, 2000

(1)A person shall be disqualified for being chosen as, and for being, a Councillor or the Corporation:-
(a)if he is so disqualified by or under any law for the time being in force for the purposes of election to the Legislature of the State;
Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 18 years; and
(b)so disqualified by or under any law made by the Legislature of the State;
(c)if he is of unsound mind and stands so declared by a competent court;
(d)if he is an undischarged insolvent;
(e)if he is not 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;
(f)if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of
(i)any corrupt practice under section 21 of this Act;
(ii)any offence punishable under sections 171-E or 171-F of the Jammu and Kashmir State Ranbir Panel Code. Samvat 1989 or any offence punishable under section 29 or clause (a) of sub-section (2) of section 30 of this Act; unless a period of six years has lapsed since the date of the finding;
(g)if he has been sentenced or convicted by a criminal court to imprisonment for an offence involving moral turpitude, unless a period of six years has clasped since his conviction;
(h)if he holds any office of profit under the Government or the Municipal Corporation;
(i)if he is a lincensed architect, draftsman, engineer, plumber, surveyor or town planner is a partner of a firm of which any such lincensed person is also partner;
(j)if he holds any office of profit under the Government or the Municipal Corporation;
(k)if he is interested in any subsisting contract made with, or any work being done for the Corporation except as a share holder (other than a director) in an incorporated company or as a member of a co-operative society;
(l)if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any Municipal authorities is interested or concerned;
(m)if he, having held any office under the Government, the Corporation or any other local authority, any Government company or any corporate body owned or controlled by the Government, has been dismissed from service;
(n)if he has encroached upon or is a beneficiary of the encroachment upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the Government, a Municipality, a Panchayat, Cooperative Society or any other local authority, unless a period of six years has clasped since the date on which he is ejected there from or he ceases to be encroacher;
Explanation. - For the purposes of which clause the expression "beneficiaries" shall include the spouse and legal heirs of the encroachers; or
(o)if he is registered as a habitual offender under any existing, law of State;
(p)if he has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, Samvat 1989;
(q)if he fails to pay any arrears of any kind due to him, otherwise than as an agent, receiver, trustee or an executor to the Corporation within three months after a notice in this behalf has been served upon him;
(r)if he is in the employment or service under any Panchayat or of any other local authority or co-operative society or the Government or Central Government or any public sector undertaking under the control of the Central or the State Government.
Explanation. - For the purposes of this clause the expression "service" or "employment" shall include persons appointed, engaged or employed on whole term, casual, daily or contract basis.