section 5
Disqualification for being a Councillor
The Gangtok Municipal Corporation Act, 1975(1) A person shall not be eligible for nomination or election as a Councillor if such person - (a) has been adjudged by a competent Court to be of unsound mind; or (b) is under twenty one years of age; or (c) is an undischarged insolvent, or (d) being a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (e) is a municipal officer or servant or holds any office of profit under the Corporation; or (f) has directly or indirectly by himself or by his partner or employee or any employee, any share or interest in any contract or employment with, by, or on behalf of, the Corporation; or (g) is in arrears for more than six months in payment of any rate or tax. (2) If any person is or has been convicted by a Criminal Court of an offence punishable with imprisonment for a period of more than six months, such person L-ll not he eligible for election or nomination for five years from thedate of ex- Provided that, on application made by a person disqualified under this sub-section, the State Government shall by an order made in this behalf remove the disqualification if in the opinion of the State Government the offence does not involve moral turpitude. in the principal Act, after section 26, the following section shall be inserted, namely:-
"26A. The Corporation may , with the previous sanction of the State Government, borrow money from banks and other financial institutions, on the security of the Municipal Fund or any of its other assets for the purposes of this Act."
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