Disqualification of 2[* * *] Councillor :- Subject to the provisions of Section

38 2[* * *] a Councillor shall cease to hold his office, if he—

1. (a) subject to the proviso to clause (xii) of sub-section (1) of Section 16, is sentenced by Criminal Court to such punishment and for such offence, as is described in that clause; or
2. (b) becomes of unsound mind, *(* * *) a leprosy or a tuberculosis patient; or
3. (c) applies to be adjudicated, or is adjudicated an insolvent; or
4. (d) subject to the proviso to clause (viii) of sub-section (1) of Section 16, acquires any interest in any subsisting contract, either directly or indirectly, made with or work being done for, the Municipality except as a share holder in a registered joint-stock company or a co-operative society, constituted under the laws for the time being in force: or (¢) is employed as a paid legal practitioner on behalf of the Municipality or accepts employment as a legal practitioner against the Municipality; or] #[(e-1) has failed to pay any arrears of municipal dues within six months from the date of service of a notice demanding payment of the same: or]
5. (f) is appointed as an officer or servant under Municipality or as an Honorary Magistrate with jurisdiction over any part of the Municipality: or
6. (g) isa salaried Government servant either whole-time or part time: Provided that if any question arises, whether any person is or is not disqualified under this clause the question shall be referred to the State Government, whose decisions shall be final; or
7. (h) ceases to be resident within the Municipality; or
   • (i) “(In the case of a Councillor] absents himself from four consecutive meetings without obtaining previous permission from the Chairperson or without an excuse sufficient in the opinion of the Municipality:] Provided that no meeting from which a Councillor absents himself shall be counted against him under this clause if due notice of that meeting was not given to him; Extraordinary No. 566, dt. 26.04.2002. (EE THE ORISSA MUNICIPAL MANUAL Explanation :- Emergent or special meeting shall not be deemed to be meetings within the meeting of this clause; or
8. (j) has been convicted or found to have been guilty of any offence of corrupt or illegal practice relating to elections, which has been declared by State Government under prescribed rules, to be an offence or practice entailing disqualification for Councillorship, unless such period has elapsed as may be prescribed in that behalf. '[(k) incurs any of the disqualifications specified in clauses (xiv) to (xvii) of sub-section (1) of Section 16.] ?[17-A. Limitation on election expenditure and accounts thereof :— (1) No candidate for an election as a Councillor to a Municipality shall, either by himself or through any person authorised by him, incur expenditure in connection with such election an amount exceeding twenty-five thousand rupees: Provided that the Election Commission may, by notification from time to time and in consultation with the State Government, enhance the limit of such expenditure up to fifty thousand rupees.

¹ Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.

² Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994,

³ Omitted "a deaf-mute", by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette,

⁴ Inserted by the Orissa Act, 16 of 1968, w.e.f. 01.08.1968.

⁵ Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978.

⁶ Inserted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990.

1. (2) For the purposes of this section, every candidate referred to in sub-section(1) shall maintain, or cause to be maintained, a true and separate account of all expenditure incurred or authorised by him in connection with the election between the date on which he has been nominated as a candidate and the date of declaration of the result of the election.
2. (3) Any person who contravenes any of the provisions of this sections shall be deemed to have committed corrupt practice within the meaning of Section 28.
3. (4) The account shall contain such particulars as may be notified by the Election Commission.
4. (5) Within one month from the date of declaration of the result of the election, every candidate, either personally or through his agent, shall lodge, or cause to be lodged, with the Election Commission the account of the election expenditure, maintained under sub-section (2).]