Section 8

Section 8 of the Assam Municipal Corporation Act, 2022. Notwithstanding anything contained in this Act, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections of Councillors shall be vested in the State Election Commission constituted by the State Government under Article 243 -ZA of the Con

(1) Notwithstanding anything contained in this Act, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections of Councillors shall be vested in the State Election Commission constituted by the State Government under Article 243 -ZA of the Constitution of India. Qualification of Councillorship.

(2) A person shall not be qualified to be chosen as a Councillor unless - (a) his name is registered as an elector in an electoral roll for any ward in the city; and (b) he furnishes a declaration in the form of an affidavit, in the format as may be prescribed, at the time of filing nomination paper, containing the following information, which shall be made public by the respective returning officers by displaying a copy of the affidavit on the Notice Board of his office - (i) 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;

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

(iii) the assets (immovable, movable, bank balances etc.) of a candidate and of his / her spouse and, that of dependents;

(iv) liabilities, if any, particularly whether there are any overdues of any public Financial Institutions or Government dues;

(v) the educational qualifications of candidate. Oath of allegiance to be taken by Councillors.

(3) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected as a Councillor shall, before taking his seat, make and subscribe an oath or affirmation of his allegiance to the Constitution of India before the Secretary to the State Government in-charge of municipal affairs or his nominee not below the rank of a Deputy Secretary to the State Government.

(4) The oath of allegiance shall be as per Form A provided in Schedule I of the Act.

(5) Any person who, having been elected a Councillor, fails to make and subscribe, within three months of the date on which his term of office commences, the oath or affirmation under sub-section (3) above, shall cease to hold his office and his seat shall be deemed to have become vacant.

(6) Disqualification for Councillorship of Corporation .- A person shall be disqualified for being chosen as, and for being, a Councillor,- Central Act 10 of 1873.

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

(b) if he is an undischarged insolvent;

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

(d) if he holds any office of profit under the Government or under the Corporation or under any other local authority;

(e) if he has in proceedings for questioning the validity or regularity of an election been found to be guilty of - (i) any corrupt practice; or (ii) 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 finding or the disqualification has been removed either retrospectively or prospectively by the Government.

(f) if he has been sentenced on conviction by a criminal court to imprisonment for any of the offences referred to in clause (e) or to imprisonment for an offence involving moral turpitude unless in each case a period of five years has elapsed since the date of the conviction or the disqualification has been removed either retrospectively or prospectively by the Government;

(g) if he is directly interested in any subsisting contract made with, or any work being done for the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a co-operative society;

(h) 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 proceedings in which the Corporation or any of the municipal authorities is interested or concerned;

(i) if he fails to pay any arrears of any kind, due from him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him;

(j) if he is so disqualified by or under any law for the time being in force for the purpose of elections to the Assam Legislative Assembly:

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 year;

(k) if he is disqualified by or under any law made by the Assam Legislative Assembly;

(1) if he or she has more than two living children from a single or multiple partners:

Provided that this provision shall not be applicable in respect of those persons, who have more than two children prior to the date of commencement of this Act; (m)if he or she has not passed Bachelors Degree or equivalent examination from any University recognised by the State or the Central Government, as the case may be:

Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes , Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational Qualification shall be HSSLC or passed equivalent examination under any Board or Council recognised by the State or the Central Government, as the case may be;

(n) if he or she does not have a functional sanitary toilet in his or her residence premises for the use of the family members;

(o) if he or she had been disqualified previously for corruption or if he or she had been convicted for any act under any provision of Law;

(p) if he or she is an employee of the Corporation. jaCovee de (7) Notwithstanding anything contained in clause (a) to (p) of sub-section (6) above- (a) a person shall not be deemed to have incurred any disqualification under clause (d) of this sub-section by reason only of his receiving - (i) Any pension; or (ii) Any allowance or facility for serving as the Mayor or as a Councillor; or (iii) Any fee for attending a meeting of any committee of the Corporation;

(b) a disqualification under clause (e) and (f) of sub-section (6) above shall not take effect until three months have elapsed since the date of such disqualification or if within the period of limitation for submitting an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed of; or (c) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (h) of that sub-section by reason only of his having 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; or (iii) any newspaper in which any advertisement relating to the affairs of the Corporation in inserted; or (iv) the sale to the Corporation or to any municipal authority or any employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or the purchase from the Corporation or from any such authority, or any such employee on behalf of the Corporation, of any article of a value in either case not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or (v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or (vi) any agreement or contract with the Corporation or any municipal authority for taking water or electricity or any other thing which the Corporation may generally supply.

(8) If a person sits or votes as a Councillor of the Corporation when he knows that he is not qualified or that he is disqualified to be a Councillor, he shall be liable in respect of each day on which he sits or votes to a penalty as prescribed by Government to be recovered as an arrear of tax under this Act. Term of office of Councillors of Corporation.

Section 8, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).