General disqualifications for becoming a councillor. Vacation of seat. Decision of State Government in case of disputes.

General disqualifications for becoming a councillor. Vacation of seat. Decision of State Government in case of disputes. (1) No person may be a councillor- (a) Who— (i) has, whether before or after the commencement of this Act, been convicted by a court in India- (a) of an offence under the Untouchability (Offences) Act. 1955, or under the Bombay Prohibition Act, 1949; or (b) of any other offence and sentenced to imprisonment for not less than six months, unless a period of four years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction and where he was sentenced to imprisonment, since his release; or (ii) has been removed from office under section 37 and four years have not elapsed from the date of such removal, unless he has, by an order which the State Government is hereby empowered to make, if it shall think fit, in this behalf, been relieved from the disqualification arising on account of such removal from office; or (b) who is an uncertificated bankrupt or an undischarged insolvent; or (c) who is of unsound mind and stands so declared by a competent court; or (d) who 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; or (e) who is a Judge; or (f) who is a salaried servant of Government or of a panchayat or municipality; (g) who 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 where the disqualification was only on the ground that he was less than twenty-five years of age, he may be a Councillor if he has attained the age of twenty-one years before last date for filing nominations or; (h) who has more than two children : Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause, so long as the number of children he had on the date of such commencement does not increase: Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification under this clause. Explanation .- For the purpose of this clause,— (i) Where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity; (ii) 'child' does not include an adopted child or children. ] (2) No person- (a) who is a part time Officer or servant of a municipality, or (b) who fails to pay any arrears of any kind due by him to the Municipality (otherwise than as a trustee) within three months after a special notice in accordance with the rules made by the State Government in this behalf has been served upon him, or (c) who, save as hereinafter provided has directly or indirectly, by him self or his partner any share or interest in any work done by order of a municipality or in any contract or employment with or under or by or on behalf of a municipality, or (d) who, save as hereinafter provided, has directly or indirectly, by himself or his partner, any share or interest in any transaction of loan of money advanced to, or borrowed from, any officer or servant of the municipality, may be a councillor of such municipality. (3) A person shall not be deemed to have incurred disqualification- (A) under clause (c) of sub-section (2) by reason of his- (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or (ii) having a share or interest in any joint-stock company or in any society, registered or deemed to be registered under the Gujarat Co-operative Societies Act, 1961 which shall contract with or be employed by or on behalf of the municipality, or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the municipality may be inserted, or (iv) holding a debenture or being otherwise interested in any loan raised by or on behalf of the municipality, or (v) having a share or interest in the occasional sale to the municipality of any article in which he regularly trades, or in the purchase from the municipality of any article, to a value in either case not exceeding in any official year one thousand rupees or such higher amount not exceeding five thousand rupees as the municipality with the sanction of the State Government may fix in this behalf: Provided that where the share or interest has been in the sale or purchase of an article which is a controlled article and the sale or as the case may be, the purchase thereof is made with the previous sanction of the State Government the limitation as to value imposed by this clause shall not apply to such share or interest, Explanation.- For the purpose of sub-paragraph (v) "controlled article" shall mean an article the purchase, sale, distribution, storage, and price of which or any of them is regulated under any law for the time being in force, or (vi) having a share or interest in the occasional letting out on hire to the municipality or in the hiring from the municipality of any article for an amount not exceeding in any official year two hundred and fifty rupees or such higher amount not exceeding one thousand rupees as the municipality with the sanction of the State Government may fix in this behalf, or (vii) being a party to any agreement made with the municipality under the provisions of section 119 or of proviso (a) to sub-section (1) of section 229, or (viii) merely being a relative of a person in employment with or under or by or on behalf of the municipality; (B) under clause (d) of sub-section (2) by reason of his being a director or member of a Co-operative society which advances or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the municipality. (4) A person who at any time during the term of his office is disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 for being a Councillor shall cease to hold office as such Councillor.