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[Cites 0, Cited by 0] [Section 8] [Entire Act]

State of Haryana - Subsection

Section 8(2) in Haryana Municipal Corporation Act, 1994

(2)A person shall also be disqualified for being chosen as, and [for being a Mayor or member] [Substituted 'for being a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.]-
(a)if he is of unsound mind and stands so declared by a competent court;
(b)if he is an undischarged insolvent;
(c)if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(d)if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of -
(i)any corrupt practice under section 22 of this Act,
(ii)any offence punishable under section 171-E or 171-F of the Indian Penal Code, 1860, or any offence punishable under section 30 or clause (a) of sub-section (2) of section 31 of this Act;
unless a period of five years has elapsed since the date of the finding;
(e)if he has been sentenced or convicted by a criminal court to imprisonment for an offence involving moral turpitude;
(f)if he holds any office of profit under the Corporation;
(g)if he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner or is a Partner of a firm of which any such licensed person is also a Partner;
(h)if he holds any office of profit under the Government;
(i)if he is interested in any subsisting contract made with, or any, work being done for the Corporation except as a share holder (other than a director) in an incorporated company or as a member of a co-operative society;
(j)if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a Partner or with which he is engaged in a professional capacity, in connection with any cause or proceedings in which the Corporation or any of municipal authorities is interested or concerned;
(k)if he, having held any office under the Government, the Corporation or any other local authority, any Government company or any corporate body owned or controlled by the Government has been dismissed from service;
(l)if he fails to pay any arrears of any kind due to him, otherwise, than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him;
[* * *] [[Old clause (m) and proviso thereunder shall be omitted by Haryana Act No. 13 of 2007 with effect from the 1st January, 2005, except in situations where the re-elections after removal have been held. Omittted text is as under -
(m)if, he has more than two living children :
Provided that a person having more than two children on or upto the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.]]
(m)[ if he furnishes a false caste certificate at the time of filing nomination and he shall be so disqualified for a period of six years from contesting the election of the Corporation; [Clause (m) and (n) added by Haryana Act No. 13 of 2007.]
(n)if he is convicted or has been convicted of an offence punishable under Sections 29, 30 and 31 of the principal Act, the Prevention of Corruption Act, 1988 (49 of 1988) or the Prevention of Terrorism Act, 2002 (15 of 2002).]