Himachal pradesh act 021 of 1984 : Himachal Pradesh Municipal (Amendment) Act, 1984

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Municipal (Amendment) Act, 1984.

(2) It shall come into force at once.

Section 2. Insertion of section 11-C

2. Insertion of section 11-C.- After section 11-B of the Himachal Pradesh Municipal Act, 1968 (Act No. 19 of 1968) (hereinafter called the principal Act), the following new section 11-C, along with its heading, shall be inserted, namely-

"11-C. Disqualifications for membership.- (1) A person shall be disqualified for being chosen as, and for being, a member-

(a) if he has not attained the age of 25 years or his name is not entered in the electoral roll of the committee:

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of the foreign State, or is under any acknowledgement or allegiance or adherence to a foreign State;

(d) if he has been sentenced on conviction by a criminal court to imprisonment for an offence involving moral turpitude, or an offence under the Protection of Civil Rights Act, 1955, unless a period of five years has elapsed since the date of such conviction;

(e) It he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of any corrupt practice or any offence punishable under section 171-E or section 171-F of the Indian Penal Code, unless a period of five years has elapsed since the date of the said finding;

(f) If he has been found to have encroached upon any land belonging to, or taken on lease, or requisitioned by, or on behalf of, the State Government, Municipal Corporation, Municipal Committee, Notified Area Committee, Gram Panchayat, Panchayat Samiti, a Zlla Parlshed, or a Co-operative Society;

(g) if he holds any office of profit under the committee;

(h) if he holds an office of profit under any State Government or Union Government;

(i) If he is interested in any subsisting contract made with, or any work being done for, the committee except as a share holder (other than a director) in an incorporated company or as a member of a co-operative society;

(j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the committee or any of municipal authorities is Interested or concerned;

(k) if he, having held any office under the Government, the committee or any other local authority, any Government company or any corporate body owned or controlled by the Government has been dismissed from service, unless a period of Tour years has elapsed since his dismissal;

(l) if he fails to pay any arrear of any kind due by him, or otherwise than as an agent, receiver, trustee or any executor, to the committee within three months after a notice in this behalf has been served upon him.

(2) Notwithstanding anything contained in sub-section (1),-

(a) a disqualification under clause (d) of that sub-section shall not take effect under three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction of sentence, until that appeal or petition is disposed of;

(b) a person shall not be deemed to have incurred any disqualification under clauses (g) or (h) of that sub-section by reason any of his receiving-

(i) any pension; or

(ii) any allowance or facility for serving as the member of the committee or corporation;

(iii) any fee for attendance at a meeting of any committee or corporation;

(c) a person shall not be deemed to have any interest in a contract or work such as referred to in clause (i) of that sub-section by reason only of his having a share or interest in-

(i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or

(ii) any agreement for the loan of money or any security for the payment of money only; or

(iii) any newspaper in which any advertisement relating to the affairs of committee is inserted; or

(iv) the sale to the committee or to any other municipal authority or any officer or other employee of the committee on behalf of the committee) of any article in which he regularly trades or he purchases from the committee or from any such authority, officer or other employee on behalf of the committee, of any article of a value in either case not exceeding five thousand rupees in aggregate in any year during the period of the contract or work; or

(v) the letting out on hire to the committee or the hiring from the committee of any article of a value not exceeding two thousand rupees in aggregate in any year during the period of the contract or work;

(vi) any agreement or contract with the committee or any other municipal authority for taking water or any other thing which the committee may generally supply."

Section 3. Amendment of section 15

3. Amendment of section 15.- For sub-section (1) of section 15 of the principal Act, the following sub-section (1) shall be substituted, namely:-

"(1) The Government may, by notification, remove any member, if in its opinion-

(a) he becomes subject to any of the disqualifications mentioned in section 11-C; or

(b) he has flagrantly abused his position as member or has through negligence or misconduct been responsible for the loss or misapplication of any money or property of the committee; or

(c) he has become physically or mentally incapacitated for performing his duties as a member; or

(d) he absents himself during three successive months from the meeting of the committee without permission of the committee; or

(e) he absents himself from or is unable to attend the meetings of the committee during twelve successive months for any cause whatsoever whether approved by the committee or not; or

(f) if his continuance in office is, in the opinion of the State Government, dangerous to the public peace or order:

Provided that before the Government notifies the removal of a member, the reasons for his proposed removal shall be communicated to him and he shall be given opportunity of tendering an explanation in writing:

Provided further that it shall not be necessary to give such opportunity where the Government is satisfied that it is not reasonably practicable to do so."