section 16
Disqualification.
The Jammu and Kashmir Municipal Act, 2000Infrastructure2000331 sections
Statutory text
- (1) A person shall be disqualified for being chosen as and for being an office bearer of a municipality,–– 1[x x x x] ;
- (b) if he is so disqualified by or under any law for the time being in force for the purposes of the election to the 2[the Legislative Assembly of the Union territory of Jammu and Kashmir ; or] 3[x x x x]
- (c) if he has been convicted of any offence involving moral turpitude unless a period of six years has elapsed since his conviction ; or
- (d) if he was encroached upon, is a beneficiary of the encroachment upon, any land belonging to, or taken on lease or requisitioned by or on behalf of the Government, a Municipality, a Panchayat or a Co-operative Society 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 “beneficiary” shall include the spouse and legal heirs of the encroacher ; or
- (e) if he has been convicted of an election offence under any law for the time being in force ; or
- (f) if he has been ordered to give security for good behaviour under relevant section of 4[the Indian Penal Code, (45 of 1860)] ; or
- (g) if he has been disqualified for appointment in public service, except on medical grounds ; or
- (h) if he is in the employment or service under any municipality 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 ; 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 ; or
- (i) if he is registered as a habitual offender under the law for the time being in force ; or
- (j) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by an order of a municipality, or in any contract or employment with, or under or by, or on behalf of the municipality ; or
- (k) if he has not paid the arrears of any 5[fee] imposed by a municipality or had not paid the arrears of any kind due from him to the municipal fund ; or has retained any amount which forms part of the 6[Municipal fund or any Department of the Government or local body or authority] ; or
- (l) if, he is a tenant or lessee holding a tenancy or lease under a municipality and is in arrears of rent of lease or tenancy held under the municipality ; or
- (m) if he has been convicted of an offence punishable under the Protection of Civil Rights Act, 1955, unless a period of six years has elapsed since his conviction ; or
- (n) is not a voter on the electoral rolls of any constituency of a municipal area ; or
- (o) if he is so disqualified by or under any other law made by the 7[State Legislature].
- (2) The question whether a person is or has become subject to any of the disqualifications under sub-section (1) shall after giving an opportunity to the person concerned of being heard, be decided,––
- (i) if such question arises during the process of an election, by an officer who may be authorised in this behalf by the Government, in consultation with the Chief Electoral Officer ; and
- (ii) if such question arises after the election process is over, by the Director Urban Local Bodies.
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