11.07.2015 Views

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

91. Disqualification of Councillors.— (1) Subject to the provisions I2 [of section 92 ofSection 178], a Councillor shall cease to hold office as such if he-13 [(a) is found guilty under clause (b) of sub-section (1) of Section 90 or is sentencedfor such an offence; 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 undersection 160 or 13A [xxx] section 162 or has been disqualified from exercising any electoralright on account of corrupt practices in connection with an election, and six years have notelapsed from the date of such sentence of disqualification; or(e) has applied for being adjudicated, or is adjudicated, as an insolvent; or(f) acquires any interest in any subsisting contract made with, or work being done forthe Government or the Municipality concerned except as a shareholder (other than a director)in a company or expect as permitted by rules made under this Act **[ or enters into the contractor work with the Municipality as a Convener of the beneficiary committee which undertakethe project or work of that Municipality as per any rules made under this Act.]Explanation.— A person shall not, by reason of his having a share or interest in anynewspaper in which any advertisement relating to the affairs of the Government or the Municipalityconcerned may be inserted, or by reason of his holding a debenture or being otherwise concerned inany loan raised by or on behalf of the Government or the Municipality concerned be disqualified under this clause; or(g) is employed as a paid legal practitioner on behalf of the Municipality or acceptsemployment as a legal practitioner against the Municipality;(h) ceases to reside in the Municipality; or(i) is debarred from practising as an Advocate or Vakil; or(j) is in arrears of any kind due by him (otherwise than in a fiduciary capacity ) to theMunicipality upto and inclusive of the previous year in respect of which a bill or notice hasbeen duly served upon him and the time if any, specified therein, has expired; or(k) 14 [absents himself without the permission of the Municipality concerned from themeetings of the council of the Standing Committee as the case may be, for a period of threeconsecutive months reckoned from the date of the commencement of his term of office , or ofthe last meeting which he attended, or of the restoration to a office, as member und section (1)of Section 93, as the case may be or if within the said period of three month than three meetingshave been held, absents himself from three consecutive meetings held after the said date:Provided that no meeting from which a Councillor absented himself shall be counted againsthim under this clause if-(i) due to notice of that meeting was not given to him; or(ii) the meeting was held after giving shorter notice than that prescribed for an ordinarymeeting; or(iii) the meeting was held on a requisition by the Councillors; I5 [xx]16 [Provided further that the Municipality in no case, shall give permission to a Councillor -themeetings of the council or the Standing Committee for a continuous period exceeding six months; or]12. Substituted for "of section 93" by Act 14 of 1999, w.e.f. 24-3-1999.13. Clause (a) substituted by Act 14 of 1999, w.e.f. 24-3-1999.13A. Omitted by Act 8 of 1995.13A. Substituted for " by Act 8 of 1995, w.e.f. 5-8-1995.14. Substituted for the words by the Act 14 of 1999, w.e.f. 24-3-1999.** Added by Third Amendment Act 33 of 2005, w.e.f 24-08-2005

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!