(1)No person shall be qualified for election [* * * as a Councillor] [Substituted vide Orissa Act No. 8 of 1994 w.e.f. 6.12.83 inserted vide Orissa Act No. 5 of 1990 w.e.f. 29.4.90 and omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] of a Municipality if such person(i)is not included in the electoral roll of the Municipal area; or(ii)[is less than twenty-one years age;] [Previously omitted vide Orissa Act No. 16 of 1968 inserted vide Orissa Act No. 2 of 1992 w.e.f. 22.11.91 and now substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.](iii)is unable to read and write either English, Hindi or the language of State; or(iv)has been adjudged by a competent Court to be of unsound mind or is [* * *] [Omitted vide Orissa Act No. 6 of 2002 Orissa Gazette Extraordinary No. 566 dated 26.4.2002.] a leprosy or a tuberculosis patient; or(v)is an undischarged insolvent or being a discharged insolvent has not obtained from the Court a certificate that insolvency was caused by misfortune without misconduct on his part; or(vi)is in arrears or any dues payable to the Municipality without sufficient cause shown to the satisfaction of the Election Officer, for a period of one year immediately preceding the year in which the election is held; or(vii)is a person against whom an order of surcharge for willful negligence of misconduct has either been certified for payment or confirmed in case of an appeal in respect of any money or property of a Municipality, under the provisions of the Orissa Local Fund Audit Act, Orissa Act 5 of 1948 or a person against whom a decree has been passed under Section 375; or(viii)is interested in a subsisting contract, either directly or indirectly made with or any work being done for the Municipality, except as shareholder in a registered joint stock company or co-operative society, constituted under the laws for the time being in force:Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-(a)any lease, sale or purchase of immovable property or any agreement for the same; or(b)any agreement for the loan of money or any security for the payment of money only; or(c)any news-paper in which any advertisement relating to the affaire of the Municipality is or may be inserted; or(d)the sale to the Municipality of any article in which he regularly trades or the purchase from the Municipality of, any article to a value in either case, not exceeding fifteen hundred rupees in the aggregate, in any year during the period of the contract or work; or(ix)is employed as a paid legal practitioner on behalf of the Municipality or as legal practitioner against the Municipality; or(x)is an officer or servant holding office under the Municipality or an Honorary Magistrate with jurisdiction over any part of the area of the Municipality; or(xi)[ is a Government servant either whole time or part time has been dismissed from Government service for corruption or disloyalty to the State unless a period of five years has elapsed since his dismissal :] [Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.]Provided that if any question arises, either before or after an election whether any person is or not disqualified under this clause, the question shall be referred to the State Government whose decision shall be final; or(xii)has been sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months for any offence, other than an offence of a political character, or an offence, other than an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) so long as he is undergoing the sentence and for three years from the date of the expiration of the sentence :Provided that notwithstanding anything contained above the Governor may direct that such sentences shall not operate as a disqualification and upon such a direction being given or if and when the sentence is superseded on appeal or revision he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date if such restoration and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office; or(xiii)has been convicted or found to have been guilty or offence of corrupt or legal practice relating to elections, which has been declared, by the State Government, under prescribed rules, to be an offence or practice entailing disqualification membership unless such period has elapsed as may be prescribed [in that behalf; or] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.](xiv)[ is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State; or [Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.](xv)is disqualified by or under any law made by the Legislature of the State; or(xvi)has more than one spouse living; or(xvii)has more than two children :Provided that the disqualification under Clause (xvii) shall not apply to a person who has more than two children on the date of commencement of the Orissa Municipal (Amendment) Act, 1994, or as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year; and](xviii)[has given appointment to any person in contravention of the provisions of this Act and the Rules made thereunder, during his tenure in the Municipality immediately preceding the election; [Inserted vide Notification No. 19947/Legis. Orissa Gazette Extraordinary No. 1281 dated 21.10.1997.](xix)has been removed under Section 53 during the term of his office as the Chairperson or the Vice-Chairperson of the Municipality immediately preceding the election.](2)Subject to the provisions of Section 38, where a person who becomes disqualified by virtue of Clause (xii) of Sub-section (1) is at the date of disqualification [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] a Councillor, his seat shall, notwithstanding anything contained in this section, not become vacant by reason of the disqualification until three months have lapsed from the date thereof or if within those three months, an appeal or petition for revision is brought in respect of the conviction of the sentence, until that appeal or petition is disposed of but during any period during which his [Councillorship] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] is preserved under this section, he shall not sit or vote in the Council.
