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State of Kerala - Section

Section 19 in Kerala District Administration Act, 1979

19. Disqualification of members.

- Subject to the provisions of section 21, a member 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 14:
Provided that a disqualification under this clause shall not take effect until three months have elapsed from the date of the sentence, or if within that period an appeal or application for revision is filed in respect of the sentence, until that appeal or application is disposed of by the Court; or
(b)has been adjudged to be of unsound mind; or
(c)has voluntarily acquired the citizenship of a foreign State; or
(d)has been sentenced by a criminal court for any electoral offence punishable under any law relating to local Governments or has been disqualified from exercising any electoral right on. account of corrupt practices in connection with an election; or
(e)has applied to be adjudicated, or is adjudicated an insolvent; or
(f)acquires any interest in any subsisting contract made with, or work being done for, the district council except as a share-holder (other than a director) in a company or except as permitted by rules made under this Act.
Explanation. - A person shall not by reason of his being a director, member or office bearer of a co-operative society or of his having a share or interest in any newspaper in which any advertisement relating to the affairs of such district council may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the district council be disqualified under this clause'; or
(g)is engaged as a legal practitioner on behalf of the district counci1 or accepts engagement as a legal practitioner against the council; or
(h)ceases to reside in the district;
Explanation. - A person shall be deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion there of as a sleeping apartment as of right and a person is not deemed to cease to reside in any such house or portion thereof merely because he is absent from it or has elsewhere another dwelling in which he reside if he is at liberty to return to such house at any time and has not abandoned his intention of returning; or
(i)is debarred from practising as an Advocate or Vakil; or
(j)is a leper; or
(k)absents himself without the permission of the district council from three consecutive meetings of the district council :
Provided that no meeting from which a member absents himself shall be counted against him under this clause if-
(i)due notice of that meeting was not given to him; or
(ii)the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or
(iii)the meeting was held on a requisition of members.