section 9
Disqualifications for being a councillor
The Visakhapatnam Municipal Corporation Act, 1986Infrastructure198670 sections
Statutory text
Disqualifications for being a councillor:
- (1) Subject to the provisions of this Act, a person shall be disqualified for being chosen as or for being a councillor of the Corporation, if such person—
- (a) is of unsound mind and stands so declared by a competent court;
- (b) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent;
- (c) has been sentenced by a criminal court to imprisonment for a period of more than six months for any offence, other than an offence of a political nature, or has been ordered to furnish security for good behaviour under section 109 or section 110 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), such sentence or order not having been subsequently reversed or remitted or the offender pardoned;
- (d) holds any salaried office or place of profit in the disposal of the Corporation;
- (e) is interested in a subsisting contract made with, or any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a co-operative society which is registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964) and which has a contract with or is executing any work for the Corporation;
- (f) is employed as a legal practitioner on behalf of the Corporation or accepts employment as legal practitioner against the Corporation;
- (g) is an officer or servant of the Government or of any local authority.
- (2) A person shall be disqualified for being a councillor if he is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State: Provided that no person 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.
- (3) If any question arises as to whether a councillor has become disqualified under sub-section
- (1) or sub-section
- (2) the question shall be referred for the decision of the District Judge having local jurisdiction over the area in which the office of the Corporation is situated, and his decision shall be final.
- (4) Pending the decision of the District Judge, the councillor shall be entitled to act as if he were not disqualified.
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