17. Disqualification of [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e f. 31.5.1994.] Councillor.
(1)Subject the provisions of Section 38, [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e f. 31.5.1994.] a Councillor shall cease to hold his office, if he-(a)subject to the proviso to Clause (xii) of Sub-section (1) of Section 16, is sentenced by Criminal Court to such punishment and for such offence, as is prescribed in that clause; or(b)becomes of unsound mind, [* * *] [Omitted vide Orissa Act No. 6 of 2002 Orissa Gazette Extraordinary No. 566 dated 26.4.2002.] a leprosy or a tuberculosis patient; or(c)applies to be adjudicated or is adjudicated as insolvent: or(d)subject to the proviso to Clause (viii) of Sub-section (1) of Section 16 acquire any, interest in any subsisting contract, either directly or indirectly made with or work being done for, the Municipality except as share-holder in a registered joint-stock company or a co-operative society, constituted under the laws for the time being in force; or(e)is employed as a paid legal practitioner on behalf of the Municipality or accepts employments as a legal practitioner against the Municipality; or[(e-1) has failed to pay any arrears of Municipal dues within six months from the date of service of a notice demanding payment of the same; or] [Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.](f)is appointed as an officer or servant under Municipality or as Honorary Magistrate with jurisdiction over any part of the Municipality; or(g)is a salaried Government servant either whole-time or part-time:Provided that if any question arises, 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(i)[ [in the case of a Councillor] [Substituted vide Orissa Act No. 22 of 1978.] absents himself from four consecutive meetings without obtaining previous permission from the Chairman or without an excuse sufficient in the opinion of the Municipality]:Provided that no meeting from which a Councillor absents himself shall be counted against him under this clause if due notice of that meeting was not given to him;Explanation. - Emergent or special meetings shall not be deemed to be meetings within the meaning of this clause; or(j)has been convicted or found to have been guilty of any offence of corrupt or illegal practice relating to elections, which has been declared, by State Government under prescribed rules, to be an offence or practice entailing disqualification for Councillorship, unless such period has elapsed as may be prescribed in that behalf.(k)[ incurs any of the disqualifications specified in Clauses (xiv) to (xvii) of Sub-section (1) of Section 16] [Inserted vide Orissa Ac[ No. 11 of 1994 w.e.f. 31.5.1994.].
