Disqualification for failure to lodge account of election expenses.-

If the State Election Commission is satisfied that a person-

1. (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
2. (b) has n o good reason or justification for the failure, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for being chosen as and for being a councilor or a Mayor of the Corporation, for a period not exceeding five years from the date of the order. 14D. Removal or reduction of period of Disqualification D. Removal or reduction of period of Disqualification.- The State Election Commission, on making an application within thirty days from the date of publication of the order, passed under clause
3. (b) of Section 14-C, in the official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification. 15. Eligibility for voting Eligibility for voting.- Every person registered as a voter in the municipal electoral roll, for the time being in operation of a ward, and no person who is not so registered, shall be eligible to vote at any election for the councilors or Mayor: Provided that no person shall vote more than once in any election of the councilors or an election of the Mayor, as the case may be. 16. Qualification for election as Mayor or Councillor Qualification for election as Mayor or Councillor-

1. (1) Subject to the provisions of this Act, a person who is enrolled in the Municipal electoral roll as a voter, shall be qualified to be a candidate-
   • (a) for the election of Mayor, if he is not less than 25 years of age; and
   • (b) for the election of Councillor, if he is not less than twenty-one years of age.
2. (2) No person who is a candidate for any one ward shall be a candidate for any other ward.
3. (3) Any person who ceases to be a Mayor or a Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.
4. (4) If a person is elected for the Office of Mayor and Councillor both, he shall have to resign from one of the office within seven days from the date on which he is declared elected. 17. General disqualification for becoming a Councillor or Mayor
5. (1) No person shall be a Councillor or Mayor, who- (a)
   • (i) has been convicted of annoffence punishable under section153-a, or section 171-E or Section 171-F, or sub-section
6. (2) or sub-section
7. (5) of Section 505 of the Indian Penal Code 1860 (No. 45 of 1860) or under the protection of Civil Rights Act, 1955 (No. 22 of 1955) or under section 125 of the Representation of the people Act, 1951 (No.43 of 1951) or Section 3 and 4 of the Dowry Prohibition Act, 1961 (No.28 of 1961) or Section 10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964(N0. 13 of 1964 unless a further period of six years has elapsed since his release after undergoing the sentence;
   • (ii) has been convicted by a court in India,-
   • (a) for an offence not falling under sub-clause(i) and sentenced to imprisonment for a period of not less than two years; or
   • (b) for contravention of any provisions of the Madhya Pradesh Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam (N0.15 of 1984), or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs, unless a further period of six years has elapsed since his release after undergoing the sentence. Explanation.- In this clause,
   • (a) ―Law providing for the prevention of hoarding or profiteering‖ means any law, or any order, rule or notification having the force of law provided for,-
     • (i) the regulation of production or manufacture of any essential commodity;
     • (ii) the control of price at which any essential commodity may be brought or sold;
     • (iii) the regulation of acquisition, possession storage, transportation, distribution, disposal, use or consumption of any essential commodity;
     • (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;
   • (b) ‖drug‖ shall have the meaning assigned to it in the Drugs and cosmetics Act, 1940 (No. 23 of 1940);
   • (c) ―essential commodity‖ shall have the same meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955);
   • (d) ―food‖ shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954).

(a-1) has, in proceedings for questioning the validity or regularity of an election or nomination

been found to have been guilty of any corrupt practice, unless a period of five years has elapsed since the date of the finding of the disqualification has been removed by the State Government under Section 441-G;

1. (b) has been removed from office under section 18,19-B or sub-section

1. (3) of section 23 unless he has been relieved by Government from the disqualification arising on account of such removal from office;
   • (bb) has been disqualified for further election or nomination as a Councillor or Mayor under Section 17-A unless he has been relieved by the Government from such disqualifications;
   • (c) is an undischarged insolvent;
   • (d) is of unsound mind and stands so declared by a competent court;
   • (e) is less than twenty five years of age; in case of a Mayor and is less than twenty one years of age‘ in case of councilor.
   • (f) is in the service of the Government or any local authority or is a Government pleader;
   • (g) has directly or indirectly by himself or his partner, any share or interest in any work being done by order of the Corporation or in any contract or employment with or under , or by, on behalf of the Corporation.

Explanation- A person shall not be deemed to have incurred disqualifications under this clause

by reasons of his-

1. (a) receiving a Government or municipal pension;
2. (b) having any share or interest in-
   • (i) any lease, sale or transfer of land;
   • (ii) any agreement for the loan of money or any security for the payment of money only;
   • (iii) any joint stock company except as a director or managing agent or any registered co- operative society.
   • (iv) occupying as a tenant any premises belonging to the Corporation;
3. (h) has been dismissed from Government or Municipal service on account of misconduct involving moral turpitude;
   • (i) has any tax or dues, payable to the Corporation, standing against his name for a period exceeding one year, or
4. (j) has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam.
5. (k) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly 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;

1. (l) has been convicted of an offence against women;
2. (m) has more than two living children, one of whom is born on or after 26th January, 2001.
3. (n) has been disqualified under Section 14-C.
4. (o) has any dues payable to the Madhya Pradesh state electricity board or its successor companies standing against his name for a period exceeding six months.

1. (2) Disability from continuing as a Councillor or Mayor .-

If any Councillor or Mayor during the term of which he has been elected or nominated-

1. (a) becomes disqualified-
   • (i) under sub-section

1. (1) of Section 13 and his name is struck off from the electoral roll under sub-section (1-a) of that Section; or
   • (ii) under sub-section
   • (a) of this Section;
   • (b) acts as a Councillor or Mayor in any matter-
     • (i) in which he has directly or indirectly by himself or his partner, any share or interest, as is described in clause
   • (g) of sub-section (1); or
     • (ii) in which he is professionally interested on behalf of a client, principal or other person; or
   • (c) absent himself during six consecutive months from the meeting of the Corporation except with the leave of the Corporation; or
   • (cc) begets a child on or after 26th January,2001 which increases the number of his children to more than two, or
   • (d) fails to pay any arrears of any kind due by him to the Corporation within three months after a notice in this behalf has been served upon him;
   • (e) becomes disqualified for being chosen as and for being a Councillor or Mayor under Section 14-C. he shall subject to the provisions of sub-section
2. (3) be disabled from continuing to be a Councillor or Mayor and his office shall become vacant‖ Provided that a disqualification under clause
   • (a) of sub-section
3. (1) shall not take effect until three months have elapsed from the date of conviction, or if within that period an appeals is field or application for revision is filed in respect of the conviction or the sentence until that

appeal or application is disposed off by the Court.

1. (3) Power to decide whether vacancy has occurred-

In every case except the cease falling under clause

1. (n) of sub-section

1. (1) and clause
   • (c) of sub- section
2. (2) the authority competent to decide whether a vacancy has occurred under this Section shall be the Government. This decision may be given either on any application made by any person or suo motu until the Government decides that the vacancy has arisen, the Councillor or Mayor shall not be disabled under sub-section
3. (2) from continuing to be a Councillor or Mayor. Provided that no order under this Section shall be passed against any Councillor or Mayor without giving him a reasonable opportunity of being heard. 17A. Power to disqualify ex-Mayor, Speaker, etc
4. (1) If as a result of audit report or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the Mayor, Speaker , Chairman or Member of a Committee constituted under this Act or a Councillor has committed

such acts of commission or omission which, in the opinion of the State Government, would have

made his continuance in such office undesirable in the interest of the public or the Corporation, the State Government may notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election, or nomination as a Councillor or Mayor for such period not exceeding five years as may be specified by the State Government in such order.

1. (2) No order under sub-section
2. (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation. 17B. Oath or affirmation by the Mayor and the Councillor
3. (1) Every Mayor and every Councillor shall before taking part in the Election of Speaker in the first meeting of the Corporation or before entered upon his office, as the case may be, shall make and subscribe in the presence of the Collector an oath or affirmation in the following form:-

I.........the Mayor /elected Councilllor/ nominated Councillor of Municipal Corporation

..............swear in the name of the God/solemenly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will up hold the sovereignty and integrity of India, and I will faithfully and impartially perform my duties.

1. (2) If the Mayor or Councillor does not take an oath under sub-section (1), it shall be deemed that such Mayor or Councillor, as the case may be, has not assumed his office. Provided that except with the permission of the Divisional Commissioner if any Mayor or

Councillor, as the case may be, does not take an oath within three months from the date of his

election or nomination, as the case may be, his seat shall be deemed to have been vacant ipso facto.

18. Election of Speaker

1. (1) The Mayor and the elected Councillors of the Corporation shall within fifteen days from the date of the notification of the election under Section 22, in the prescribed manner, elect a speaker from the elected Councillors.
2. (2) the Speaker shall declare a panel of two elected Councillors every year to preside over the meetings of the Corporation during his absence in order of the name in the panel
3. (3) The meeting under sub-section
4. (1) shall be called and presided over by the Collector.
5. (4) The term of the Speaker shall be coterminous with the term of the Corporation. 18A. Powers and functions of the Speaker
6. (1) Subject to the provisions of the Act the Speaker shall have the following powers and functions:-
   • (i) to preside over the meetings of the Corporation and send the copy of proceeding to the Commissioner within seven days from the date of meeting;
   • (ii) to fix the date of the meeting of the Corporation with the consent of the Mayor and arrange to send the notice there of along with the Agenda as approved by the Mayor, and
   • (iii) to have administrative control over the officers and servants of his office including the Corporation Secretary.
7. (2) The Speaker shall have power to call the execution report from the Commissioner, on the

decisions taken in the meeting of the Corporation, and may take steps to include in the agenda of

the next meeting of the Corporation such matters in which execution has been delayed beyond three months.

19. Removal of Councillors

1. (1) The Divisional Commissioner may at any time, remove any elected councilor,-
   • (a) if his continuance as a Councillor, is not, in the opinion of the Divisional Commissioner, desirable in the interest of the Public or of the corporation; or (a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or
   • (b) if the Corporation has, by a resolution supported by atleast two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of misconduct in the discharge of his duties or disgraceful conduct and should therefore removed.
2. (2) The Divisional Commissioner may, while ordering the removeal under sub-section
3. (3) of Section 23 or this Section, also order that such councilor shall not be eligible to become a councilor of a Corporation for a period which shall be specified in the order and which shall not exceed five years: Provided that no resolution recommending the removal of any councilor shall be passed by

the Corporation nor any such order of removal shall be passed by the Divisional Commissioner

unless such councilor has been given a reasonable opportunity of showing cause why a

recommendation should not be made for his removal or why he should not be removed from his

office.

1. (3) An appeal against the order passed under sub-section
2. (1) or sub-section
3. (2) of this section *18 shall lie to the State Government within thirty days of the date on which the order is

conveyed to the aggrieved party. The State Government may after giving a reasonable

opportunity of being heard, pass such order on the appeal as it may think fit.

19A. Automatic vacation of all offices on ceasing to be Councillor A person who ceases to be Councillor shall automatically vacate all the offices in the Corporation which he holds by virtue of his being a Councillor.

19B. Removal of Mayor or Speaker or Chairman of a Committee

1. (1) The State Government may, at any time remove a Mayor or Speaker or Chairman of any Committee, if his continuance as a Mayor or Speaker or Chairman of any Committee as the case may be, is not, in the opinion of the State Government, desirable in public interest or in the interest of the Corporation or if it is found that he is incapable of performing his duties or is working against the provisions of this Act or the rules made there-under or if it is found that then Mayor does not belong to the reserved category for which the seat was reserved.
2. (2) As a result of the order of removal of Speaker or Chairman of any Committee, as the case may be, under sub-section
3. (1) , it shall be deemed that such Speaker or the Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the State Government may also pass such order that the Mayor or Speaker or Chairman of any Committee, as the case may be, shall disqualified to hold the office of Mayor or Speaker or Councillor, as the case may be, for the next term: Provided that no such order under this Section shall be passed unless a reasonable opportunity of being heard is given. 19C. Resignation of Mayor C. Resignation of Mayor-
4. (1) The Mayor may resign his office by tendering his resignation in writing to the State Government.
5. (2) On receipt of the resignation, under sub-section (1), the State Government shall:-
   • (i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette:
   • (ii) if not satisfied about it genuineness, not accept the resignation for reasons to be recorded in writing.
6. (3) If it appears to the State Government that the Mayor having become liable for removal under section 19-B has tendered his resignation to escape such removal, then notwithstanding anything contained in this section, the State Government may order his removal in accordance with the provisions of the said section and thereupon the Mayor shall be deemed to have been removed from the date he resigns his office. 20. Duration of the Municipal Corporation Duration of the Municipal Corporation.
7. (1) Every Municipal Corporation, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer. Explanation:- The meeting held under sub-section
8. (1) of Section 18 for the purpose of electing the Speaker shall be deemed to be the first meeting for the purpose of this sub-section.
9. (2) An election to constitute a Municipal Corporation shall be completed,-
   • (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipal Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Municipal Corporation for such period.
10. (3) A Municipal Corporation constituted upon the dissolution of a Municipal Corporation before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipal Corporation would have continued under sub-section
11. (1) had it not been so dissolved.
12. (4) Subject to the provisions of this Act, the term of Mayor and every Councillor shall be conterminous with the term of the Corporation. 21. Filling to Casual Vacancies Filling to Casual Vacancies .-
13. (1) As soon as the office of a Mayor or the seat of an elected Councillor becomes vacant or is declared vacant, or the election of the Mayor or Councillor as the case may be, is declared void, the State Government shall forthwith inform the State Election Commission for filling up the vacancy and the person so elected shall hold office of Mayor or Councillor as the case may be, only for the remaining period of the Corporation. Provided that if the remaining period of the Corporation is less than six months, such vacancy shall not be filled in.
14. (2) Until the vacancy in the office of Mayor is filled in under sub-section (1), all the powers and duties of the Mayor shall be performed by such elected Councillor as the State Government may nominate in this behalf: Provided that if the office of Mayor is reserved under Section ......., such Councillor shall be nominated from the elected Councillors belonging to such reserved category. 22. Notification of election of Mayor and Councillor Notification of election of Mayor and Councillor.- Every election of a Mayor and Councillor shall be notified by the State Election Commission in the official gazette. 23. Resignation of Speaker or Councillors Resignation of Speaker or Councillors.-
15. (1) Speaker or any Councillor may resign his office by tendering his resignation in writing to the Mayor who shall forward the same to the Divisional Commissioner and if the Speaker or such Councillor, as the case may be, desire he may also send a copy of his resignation directly to the Divisional Commissioner.
16. (12) On receipt of the resignation under sub-section (1), the Divisional Commissioner shall-
    • (i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
    • (ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
17. (3) If it appears to be Divisional Commissioner that any Councillor having become liable for removal under Section 19 has tendered his resignation to escape such removal, then notwithstanding anything contained in this section, the Divisional Commissioner may order his removal in accordance, with the provisions of the said section and thereupon the Councillor shall be deemed to have been removed from the date he resigned his office. 23A. No-Confidence motion against Speaker A. No-Confidence motion against Speaker.-
18. (1) A motion of no confidence may be moved against the Speaker by any elected Councillor at a meeting specially convened for the purpose under sub-section
19. (2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total member of elected Councillors constituting the Corporation, the office of the Speaker, shall be deemed to have fallen vacant forthwith. Provided that no such resolution shall lie against the Speaker within a period of-
    • (i) two years from the date on which the Speaker enters upon his office,
    • (ii) one year from the date on which the previous motion of no-confidence was rejected.
20. (2) For the purpose of sub-section
21. (1) a meeting of the Corporation shall be convened and presided over by the Collector in the following manner, namely.-
    • (i) The meeting shall be convened forthwith on a requisition signed by not less than one third of the total number of elected Councillors constituting the Corporation for the time being,
    • (ii) the notice of such a meeting specifying the date, time and place shall be dispatched to the Mayor and every Councillor ten clear days before the meeting.
    • (iii) the no-confidence motion moved under this section shall be decided through secret ballot. 24. Recalling of Mayor Recalling of Mayor-
22. (1) Every Mayor of a Corporation shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the corporation area casting the vote in accordance with the procedure as may be prescribed: Provided that no such process of recall shall be initiated unless a proposal is signed by not less than three-fourth of the total number of the elected Councillors and presented to the Divisional Commissioner: Provided further that no such process shall be initiated:
    • (i) within a period of two years from the date on which such Mayor is elected and enters his office;
    • (ii) If half of the period of tenure of the Mayor elected in a bye-election has not expired. Provided also that process for recall of the Mayor shall be initiated once in his whole term.
23. (2) The Divisional Commissioner, after satisfying himself and verifying that the three-fourth of the Councillors specified in sub-section
24. (1) have signed the proposal of recall, shall send the proposal to the State Government and the State Government shall made a reference to the State Election Commission.
25. (3) On receipt of the reference, the State Election Commission shall arrange for voting on the proposal of recall in such manner as may be prescribed. 25. Powers and functions of Mayor Powers and functions of Mayor-
26. (1) The Mayor shall,-
    • (a) have administrative control over the officers and servants of his office including the office of the Mayor-in-Council and Appeal Committee;
    • (b) exercise such powers and perform such functions as described in the Actor the Rules made there under.
27. (2) The Mayor or in his absence such member of the Mayor-in-Council, as may be appointed by the Mayor in case of epidemic, natural or unforeseen calamity may direct the execution or stoppage of any work or any act, the immediate execution or stoppage of which is necessary for the purpose of this Act: Provided that,-
    • (a) he shall not act under this sub-section in contravention of any order of the State Government or Corporation or Mayor-in-Council prohibiting the execution or stoppage of any particular work or act; and
    • (b) he shall report the action taken under this sub-section and the reasons therefore, to the Corporation at its next meeting and if the Corporation does not confirm the action of the Mayor or such member of the Mayor-in-Council, as may be appointed by the Mayor as the case may be, the matter shall be referred to the State Government and the decision of the State Government thereon shall be final, but the State Government before passing any order, which may affect any person a reasonable opportunity of being heard shall be given to such person. 25A. Duties of the Councillors A. Duties of the Councillors.- Subject to the provisions of the Act, every Councillor shall have the following duties:-
      • (i) to be present and take part in the meetings of the Corporation and on requirement give vote in his discrection in favour or against, on the matters included in the agenda.
      • (ii) to draw the attention of the Commissioner or the head of the departments concerned, towards any loss to the Corporation property or any short comings in any scheme or service or any work being executed by the Corporation. 25B. Honorarium and Allowances to Mayor, Speaker and Councillors B. Honorarium and Allowances to Mayor, Speaker and Councillors.- The Mayor, Speaker and the Councillors shall be entitled to receive such honorarium or allowances or both, as the State Government may prescribe. 26. Procedure in case of non-payment of Municipal dues by Councillors and office bearers of Corporation Procedure in case of non-payment of Municipal dues by Councillors and office bearers of Corporation-
28. (1) Within fifteen days from the expiration of each calendar quarter, the Commissioner shall-
    • (a) draw up a list of all councilors (which term for the purpose of this section shall include the Mayor and Speaker, who have failed to pay any tax due by them to the Corporation within six months from the date on which such tax became due;
    • (b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and
    • (c) submit a copy of the list to the Government.
29. (2) If on receipt of the notice referred to in sub-section
30. (1) the Councillor fails to pay within three months, the arrears of any tax specified in notice, he shall subject to the provision of sub-section
31. (3) of Section 17 cease to be a Councillor and his office shall be vacant; and he shall be disqualified for further election or nomination to such office until the arrears due by him are paid and the certificate to that effect is granted to him.
32. (3) The Government may make rules under this Act providing for all matters connected with the administration of this Section.