13D. [ Disqualification for membership] [Inserted by U.P. Act No. 7 of 1953.]. - A person, notwithstanding that he is otherwise qualified shall be disqualified for being chosen as, and for being, a member of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] if he, -
(a)[ is a dismissed servant of a local authority and is debarred from re-employment thereunder; or [Substituted by U.P. Act No. 15 of 1983.](aa)having held any office under the Government of India or the Government of any State has been dismissed for corruption or disloyalty to the State unless a period of six years' has elapsed since his dismissal; or](b)is debarred from practising as a legal practitioner by order of any competent authority; or(c)holds any place of profit in the gift or disposal of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.]; or(d)is disqualified under Section 27 or 41; or(e)[* * *] [Omitted by U.P. Act No. 26 of 1964.][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment(e)[ he has more than two living children of whom one is born after expiry of 300 days from the date of notification of this part; or] [Inserted by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).](f)is in the service of the State or the Central Government or any local authority, or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate or an Honorary Munsif or an Honorary Assistant Collector; or(g)is in arrears in the payment of Municipal Tax or other dues in excess of one year's demand to which Section 166 applies; or(h)[* * *] [Omitted by U.P. Act No. 12 of 1994.][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment(h)[ has been convicted of any offence against a woman; or] [Inserted by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).](i)is an undischarged insolvent; or(ii)[ has been convicted of any offence punishable with imprisonment under Section 171-E or an offence punishable under Section 17-F of the Indian Penal Code, 1860 (Act No. 45 of 1860); or] [Inserted by U.P. Act No. 26 of 1964.](j)[ has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1947 (U.P. Act II of 1947), as re-enacted by the Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1953 (U.P. Act XII of 1953, or the Prevention of Food Adulteration Act, 1954 (U.P. Act XXXVII of 1954) or for an offence which is declared by the State Government to involve such moral turpitude as to render him unfit to be a member, or has been ordered to execute a bond for good behaviour in consequence of proceedings under Section 109 or 110 of the Code of Criminal Procedure, 1898] [Substituted by U.P. Act No. 26 of 1964.], [such sentence or order not having been subsequently reversed :] [See now Code of Criminal Procedure, 1973.]Provided that in cases of (a) and (b) the disqualification may be removed by an order of the State Government in this behalf :Provided further that in the case of (g), the disqualification shall cease as soon as the arrears are paid [:] [Inserted by U.P. Act No. 26 of 1964.][Provided also that in case of (j), -(i)the disqualification shall cease on the expiry of the five years from the date of his release or from the date of the expiry of the period for which he is required to execute a bond for good behaviour, as the case may be; and(ii)the disqualification shall not in the case of a person who is, on the date of the disqualification, a member of the] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] take effect until three months have elapsed from the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of.[Explanation. - A Government treasurer shall not be deemed to be in the service of the State or of the Central Government within the meaning of clause if)] [Inserted by U.P. Act No. 1 of 1955.].(k)[ is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State : [Inserted by U.P. Act No. 12 of 1994.]Provided that no persons shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.] [Inserted by U.P. Act No. 26 of 1964.][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment(l)[ has an interest or share, in a publication where in advertisement regarding activities of the municipalities can be published; or [Inserted by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).](m)is a paid employee of any institution, receiving financial aid from the municipalities; or(n)the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned 01 managed by the municipality/Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation; or(o)is a representative or office bearer of any federation or union of any cadre or class of employees of the municipality; or(p)has been convicted of any offence involving violation of any Act, rules, sub-rules, regulations and Government orders relating to municipality and has been found guilty or working against the interest of the municipality.](q)[ is a candidate from more than one ward.] [Inserted by Uttarakhand Act No. 3 of 2008.]
