Amendment of Section 38

Amendment of Section 38. 6. In sub-section

1. (1) of section 38 of the Principal Act for word "Councillor" the words "President or Councillor" shall be substituted. 7. After clause
   • (e) of sub-section
2. (1) of Section 38 of the Principal Act, following new clause shall be inserted, namely:-
   • (ee) "becomes disqualified for being chosen as and for being a President or Councillor under section 32-C." 8. In clause
   • (e) of subsection
3. (1) of Section 38 of the Principal Act for word "Councillor" the words "President or Councillor" and in clause
   • (f) for the word "Councillor" the words "President or Councillor" shall be substituted. 1. Short title, extent and commencement
4. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2019.
5. (2) It extends to the whole State of Chhattisgarh.
6. (3) It shall come into force from the date of its publication in the Official Gazette. 19. Amendment of Section 19 In sub-section
7. (1) of Section 19 of the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) ,-
   • (i) after proviso of clause (c), for the punctuation full stop ".", the punctuation colon ":" shall be substituted;
   • (ii) after proviso to clause (c), the following shall be added, namely :- " Provided further that if in the general election to the Municipalities and/or Nagar Panchayat, no person with disability has been elected, then the State Government shall nominate to such Municipalities and/or Nagar Panchayat, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause. Explanation : Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No. 49 of 2016 ) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour)." 1. Short title, extent and commencement
8. (1) This Act may be called the Chhattisgarh Municipalities (Amendment) Act, 2019.
9. (2) It extends to the whole State of Chhattisgarh.
10. (3) It shall come into force from the date of its publication in the Official Gazette. 19. Amendment of Section 19 In sub-section
11. (1) of Section 19 of the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) ,-
    • (i) after proviso of clause (c), for the punctuation full stop ".", the punctuation colon ":" shall be substituted;
    • (ii) after proviso to clause (c), the following shall be added, namely :- " Provided further that if in the general election to the Municipalities and/or Nagar Panchayat, no person with disability has been elected, then the State Government shall nominate to such Municipalities and/or Nagar Panchayat, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause. Explanation : Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No. 49 of 2016 ) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour)." 20. Amendment of Section 20 In the Principal Act, in Section 20, in sub-section (2), in clause (b), for sub- clause (iii), the following shall be substituted, namely:- "(iii) in the case of election of President by any Councilor;" 30. Amendment of Section 30 In the Principal Act, in Section 30, after clause (c), the shall be added, namely:- "(d) is not registered in any electoral roll related to a Panchayat or municipal area of a municipality: Explanation-1: For the Purpose of this Section ?anchayat shall have the same meaning as assigned to it in clause (m/iii) of Section 2 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No 1 of 1994): Explanation-2. For the Purpose of this Section "municipal area" shall have the same meaning as assigned to it in clause (34-a) of Section 5 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956)." 32. Amendment of Section 32 In the Principal Act, in Section 32,-
    • (i) in sub-section (1), the words "Presidents and" wherever they occur, shall be omitted.
    • (ii) In sub-section (2), the words "Presidents and" shall be omitted. 33. Amendment of Section 33 In the Principal Act, in Section 33,-
    • (i) the words "or President" shall be omitted;
    • (ii) for proviso, the following shall be substituted, namely:- " Provided that no Person shall vote more than once in any election of the Councilor." 34. Amendment of Section 34 In the Principal Act, in Section 34.-
    • (i) in sub-section (1), clause
    • (a) shall be omitted;
      • (ii) sub-section
    • (a) shall be omitted. 35. Amendment of Section 35 In the Principal Act, in Section 35,-
      • (i) the words "election nomination as a President or" shall be omitted;
      • (ii) In clause (dd), the words "is less than twenty-five years of age, in the case of a President and" shall be omitted.