Disqualifications of Councillors : 1) A person shall be disqualified for being chosen as,

and for being, a Councillor of the Corporation-

1. (a) if he is so disqualified by or under any law for the time being in force for the purposes of election to the Legislature of the State: Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years; and
2. (b) if he is so disqualified by or under any law made by the Legislature of the State.

1. (2) A person shall also be disqualified for being chosen as, and for being, a Councillor-
   • (a) if he is of unsound mind and stands so declared by a competent court;

{b) if he is an undercharged insolvent;

1. (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.
2. (d) if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of- •

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019

1. (i) any corrupt practice under section 29 of this Act;
2. (ii) any offence punishable under sections 171-E or 171-F of the Indian Penal Code, 1860 ( 45 of 1860) or any offence punishable under section 29 or clause

1. (a) of sub-section (2) of section 38 of this Act; unless a period of six years has elapsed since the date of the finding.
   • (iii) if he has incurred more expenditure than prescribed under section 19 or has failed to lodge account under section 20 within 30 days of the declaration of the result of the election;.
2. (e) if he has been convicted by a criminal court to imprisonment for an offence involving moral turpitude, unless a period of six years has elapsed since his conviction ;
3. (f) if he holds any office of profit under the Corporation ;
4. (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;
5. (h) if he holds any office of profit under the Government or the Municipal Corporation;
   • (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;

U) 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 proceeding in which the Corporation or

any of municipal authorities is interested or concerned ;

1. (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 ;

1. (I) if he has encroached upon or is a beneficiary of the encroachment upon any land

belonging to, or taken on lease or requisitioned by or on behalf of, the State

Government, a municipality, a panchayat, a co-operative society or any other local

authority, unless a period of six years has elapsed since the date on which he is

ejected therefrom or he ceases to be the encroacher; Explanation.-For the purposes of this clause the expression "beneficiaries" shall include the spouse and legal heirs of the encroacher; or

1. (rn) if he is registered as a habitual offender under the Arunachal Pradesh (Criminal Law Amendment) Act, 1987 (4 of 1988).
2. (n) if he has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1973 (2 of 1974);
3. (o) 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 ;

1. (p) if he is in the employment or service under any panchayat or of any other local authority or co-operative society or the State Government or Central Government or

any public sector undertaking under the control of the Central or the State

Government.

1. (q) if he has made any false statement or declaration in writing under this Act or the rules made thereunder. Explanation.- For the purposes of this clause the expression "service" or "employment" shall include persons appointed, engaged or employed on whole time, part time, casual, daily or contract basis.

1. (3) Notwithstanding anything contained in sub-sections (1) and (2) above -
   • (a) a disqualification under clause (e) of sub-section (2) shall not take effect until three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence until that appeal or petition is disposed of ;
   • (b) a person shall not be deemed to have incurred any disqualification under clause (f), or clause (g) of sub-section (2) by reason only of his receiving -
     • (i) any pension ; or
     • (ii) any allowance or facility for serving as a Mayor or Deputy Mayor or as a Councillor ; or
     • (iii) any fee for attendance at a meeting of any committee of the Corporation;

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019

1. (c) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (i) of sub-section (2) by reason only of his having a share or interest in -
   • (i) any lease, sale, exchange or purchase of immovable property or any

agreement for the same ; or

1. (ii) any agreement for the loan of money or any security for the payment of

money only ; or

1. (iii) any newspaper in which any advertisement relating to the affairs of the

Corporation is associated ; or

1. (iv) the sale to the Corporation or to any other municipal authority or any officer or other employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or the purchase from the Corporation

or from any such authority, officer or other employee on behalf of the

Corporation of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or

1. (v) the letting out on hire to the Corporation or the hiring from the Corporation of any article not exceeding two thousand rupees in the aggregate in any

year during the period of the contract or work ; and

1. (vi) any agreement or contract with the Corporation or any other municipal authority for taking water or any other thing which the Corporation may generally supply.

each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as an arrear of tax under this Act.

1. (5) If any question arises as to whether a Councillor of the Corporation has become subject to any of the disqualifications mentioned in sub-sections (1) and (2), the question shall be referred for the decision of such authority and in such manner as the Government may by notification provide.
2. (6) If a person who is chosen as a Councillor of the Corporation, becomes a Member of

expiration of a period of fifteen days from the date of publication of the election result, as the case may be, within fifteen days from the date of the commencement of term of office of a Member of the House of People, the Council of State, the State

Legislative Assembly or member of the municipality, or an office bearer of a

panchayat, his seat in a Corporation shall become vacant, unless he has previously resigned his seat in the House of People, the Council of States, the State Legislative

preparation of electoral rolls, delimitation of wards and the conduct of all elections of the Corporation, shall be vested in the State Election Commission.

1. (2) The Government as well as the Corporation shall, when so requested by the State Election Commission, make available to the Commission such staff material and monetary resources as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1 ).
2. (3) The State Government in consultation with the Commission shall frame its own rules and lay down its own procedure.