Uttarakhand act 019 of 2002 : Uttaranchal (Uttar Pradesh Nagar Nigam Act, 1959) (Amendment) Act, 2002

Section 1. Short title, Extent and Commencement

1. Short title, Extent and Commencement.-

(i) This Act may be called Uttaranchal (Uttar Pradesh Nagar Nigam Act, 1959) (Amendment) Act, 2002.

(ii) It extents to the whole of Uttaranchal.

(iii) It shall be deemed to have come into-force at once.

Section 2. Amendment of Sec. 6(1)(a) of the Uttar Pradesh Nagar Nigam Adhiniyam, 1959

2. Amendment of Sec. 6(1)(a) of the Uttar Pradesh Nagar Nigam Adhiniyam, 1959.- In section 6(1)(a) of the Uttar Pradesh Nagar Nigam Adhiniyam, 1959 (hereinafter reffered to as the "Principal Act") the word "Sixty" shall be substituted by the word "Twenty" and the word "One Hundred Ten" shall be substituted by the word Toity-five".

Section 3. Amendment of the first proviso of section 7

3. Amendment of the first proviso of section 7.- The first proviso of Section 7(1) of the Principal Act, the word "Fourteen" shall be substituted for the word Twenty-seven".

Section 4. Insertion of a new sub-section 24(d)

4. Insertion of a new sub-section 24(d).- After section 24(c) of the Principal Act a new sub-section (d) shall be inserted:-

(d) He is not a candidate from more than one ward.

Section 5. Insertion of a new sub-section 25(1)

5. Insertion of a new sub-section 25(1).- After the sub-section (k) of section 25(1) in the Principal Act, following shall be added:-

(l) He has more than two living children of whom one is barn after expiry of 300 days from the date of notification of this part; or,

(m) has been convicted of any offence against a woman? or,

(n) has an interest or share, in a publication where in advertisement regarding activities of the municipalities can be published? or,

(o) is a paid employee of any institute receiving financial aid from the municipalities? or,

(p) the person or any Member of his/her family or his/her legal heir is in unauthorised occupation of any land or building owned or managed by the municipality/Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation; or,

(q) is a representative, or office bearer of any federation or union of any cadre or class of employees of the municipality; or

(r) has been convicted of any offence involving violation of any Act, Rules, Sub-rules, regulations and Govt. orders relating to Municipality and has been found guilty of working against the interest of the municipality.

Section 6. Amendment of section-44

6. Amendment of section-44.- In section 44 of the Principal Act the words "or voting Machine" shall be added after the work "secret ballot"

Section 7. Added of a new sub-section (3) of section 45

7. Added of a new sub-section (3) of section 45.- In section 45 of the Principal Act, sub-section (3) shall be added

(3) State Election Commission shall obtain from all the candidates a declaration in the form of an affidavit containing the following information and any other information it deems necessary and shall, except information contained in clause (c) and (e), publish the same in the major daily newspapers for the information of the electorate.

(a) Whether the candidate has been convicted/acquitted/discharged of any criminal offence in the past and, if convicted, whether he was punished with imprisonment or fine?

(b) Prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the Court of law. If so, the details thereof

(c) The assets (immovable, movable, bank balances etc.) of a candidate and of his/her spouse and, that of dependants.

(d) Liabilities, if any, particularly whether there are any over dues, of any public Financial Institutions or Government dues.

(e) His/her source of income and full details of present Monthly/Annual Income.

(f) Whether he/she is married/unmarried

(g) Number of Children, their ages, and their educational expenses.

(h) Details of his/her income tax; house tax; projections tax/fees payable annually.

(i) The educational qualifications of candidate.

Section 8. Amendment of Section-177

8. Amendment of Section-177.- In section-177 of the Principal Act:-

(a) In place of sub-section (a) the following sub-section shall be substituted:-

"(c) Building solely used as school and colleges and owned by Government"

(b) Clause (h) shall be omitted.

Section 9. Repeal and saving

9. Repeal and saving.- (1) The Uttaranchal (Uttar Pradesh Nagar Nigam Act, 1959) (Amendment) ordinance 2002 is here by repealed.

(2) Not withstanding such repeal, anything done or any action taken under the corresponding provisions of the Uttar Pradesh; Nagar Nigam Act, 1959 as amended by the ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of the Uttar Pradesh Nagar Nigam Act, 1959 as amended by this Act, as if the provisions of this Act were in force at all Material times.