Section 59 in The Coimbatore City Municipal Corporation Act, 1981
59. Disqualification of councillors.
(1)Subject to the provisions of section 62, [a councillor or a person referred to in clauses (b) [and (c)] [Substituted by Tamil Nadu Act 26 of 1994.] of sub-section (2) of section 5] shall; cease to hold office as such 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 58;(b)is convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955);(c)becomes of unsound mind and declared so by the competent Court;(d)applies to be adjudicated or is adjudicated as a bankrupt or insolvent;(e)subject to the proviso to clause (c) of sub-section (3) of section 58, acquires any interest directly or indirectly, by himself or his partner, in any subsisting contract made with, or work being done for, the corporation except as a shareholder (other than a director in a company);(f)is employed as paid legal practitioner on behalf of the corporation or accepts employment as legal practitioner against the corporation;(g)becomes a representative or officer of any association or union representing, or purporting to represent, any section of the corporation establishment, or any class or employees of the corporation;(h)is appointed to any office or post referred to in clause (f) of sub-section (3) of section 58;(i)is disqualified under section 84;(j)ceases to reside in the City;(k)fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the corporation, within three months after a bill, notice or direction has been served upon him under this Act, or where in the case of any arrear this Act does not require the service of any bill, notice or direction, within three months after a notice requiring payment of the arrear (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:Provided that the person concerned shall not incur the disqualification under this sub-section unless he has been given a reasonable opportunity by the Commissioner for making his representation, if any;(l)fails to attend the meetings of the council for a period of three consecutive months beginning from the date of the commencement of his term of office or of the last meeting he attended, or of his restoration to office as councillor under sub-section (4), as the case may be:Provided that no meeting which a councillor does not attend shall be counted against him under this clause, if due notice of that meeting was not given to him:Provided further that no meeting that was adjourned for want of quorum shall be counted against him under this sub-section.Explanation. - A meeting held under sub-rule (2) of Rule 3 of Schedule I or Rule 6 of that Schedule shall not be deemed to be a meeting within the meaning of this clause.(m)debarred from practising as a legal practitioner.(2)Notwithstanding anything contained in clause (a) or clause (b) of sub-section (1) [the (Tamil Nadu State Election Commission) [Substituted by Tamil Nadu Act 26 of 1994.]] may direct that such sentence or conviction shall not operate as a disqualification.(3)Where a person ceases to be a councillor under clause (a) or clause (b) or clause (i) of sub-section (1), he shall be restored to office for such portion of the period for which he was elected, [x x x] [The words 'or co-opted' were omitted by Tamil Nadu Act 26 of 1994.] as may remain unexpired at the date of such restoration if and when the sentence, conviction, or order is annulled on an appeal or revision or the disqualification caused by the sentence or conviction or incurred under section 84 is removed by an order of the Government and any person elected, [x x x] [The words 'or co-opted' were omitted by Tamil Nadu Act 26 of 1994.] to fill the vacancy in the interim shall on such restoration vacate office.(4)In the case of a person who has ceased to be a councillor in consequence of failure to attend meetings the matter shall be reported by the Commissioner to the council at its next ordinary meeting and the council may at that meeting restore such person to office.
