THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 1959

[Act, No. 10 of 1959]
[4th April, 1959]
 
PREAMBLE

An Act to declare that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as, or for being, members of Parliament.

BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:-

Section -1 Short title

This Act may be called The parliament (Prevention of Disqualification) Act, 1959.

Section -2 Definitions

In this Act, unless the context otherwise requires,-

(a) "Compensatory allowance" means any sum of money payable to the holder of an office by way of daily allowance (such allowance not exceeding the amount of daily allowance to which a member of Parliament is entitled under1*[the Salary, Allowances and Pension of Members of Parliament Act, 1954], any conveyance allowance house rent allowance or travelling allowance for the purpose of enabling him to recoup any expenditure incurred by him in performing the functions of that office;

(b) "Statutory body" means any corporation, committee, commission, council, board or other body of persons, whether incorporated or not, established or under any law for the time being in force;

(c) "Non-statutory body" means any body of the persons other than a statutory body.

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1. Substituted by the words "the Salaries and Allowance of Members of Parliament Act, 1954" by the Parliament (Prevention of Disqualification) Amendment Act (54 of 1993), S.2(27-8-1993).

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Section -3 Certain offices of profit not to disqualify

It is hereby declared that none of the following offices, in so far as it is an office of profit under the Government of India or the Government of any State, shall disqualify the holder thereof for being chosen as, or for being, a member of Parliament, namely,-

(a) Any office held by a Minister, Minister of State or Deputy Minister for the Union or for State, whether ex officio or by name;

1*[(aa) The office of a Leader of the Opposition in Parliament;]

2*[(ab) The office of Deputy Chairman, Planning Commission;]

7*[(ac) The office of 8*[each leader and deputy leader] of a recognised party and recognised group in either House of Parliament;]

[(aa) The office of a Leader of the Opposition in Parliament;]

3*[(ab) The office of Deputy Chairman, Planning Commission;]

4[(ac) The office of each leader and deputy leader] of a recognised party and recognised group in either House of Parliament;]

5*[[(aa) The office of a Leader of the Opposition in Parliament;]

3*[(ab) The office of Deputy Chairman, Planning Commission;]

4*[(ac) The office of

5*[Each leader and deputy leader] of a recognised party and recognised group in either House of Parliament;]

3[(aa) The office of a Leader of the Opposition in Parliament;]

(ab) The office of Deputy Chairman, Planning Commission;]

4*[(ac) The office of

5*[Each leader and deputy leader] of a recognised party and recognised group in either House of Parliament;]

9*[(ad) The office of the Chairperson of the National Advisory Council constituted by the Government of India in the Cabinet Secretariat vide Order No. 631/2/1/2004-Cab., dated the 31st May, 2004;]

(b) The office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a Parliamentary Secretary;

3*[(ba) The office of Chairperson of-

(i) The National Commission for Minorities constituted under Section 3 of the National Commission for Minorities Act, 1992;

10*[(ii) The National Commission for the Scheduled Castes constituted under clause (1) of article 338 of the Constitution;

(iia) The National Commission for the Scheduled Tribes constituted under clause (1) of article 338A of the Constitution;]

(ii) The National Commission for woman constituted under Section 3 of the national Commission for Women Act, 1990;]

(c) The office of a member of any force raised or maintained, under the National Cadet Corps Act, 1948, the Territorial Army Act, 1948, or the Reserve and Auxiliary Air Forces Act, 1952;

(d) The office of a member of a Home Guard constituted under any law for the time being in force in any State;

(e) The office of Sheriff in the city of Bombay, Calcutta or Madras;

(f) The office of chairman or member of the syndicate, senate, executive committee, council or court of a University or any other body connected with a University;

(g) The office of a member of any delegation or mission sent outside India by the Government for any special purpose;

(h) The office of chairman or member of a committee (whether consisting of one or more members), set up temporarily for the purpose of advising the Government or any other authority in respect of any matter of public importance or for the purpose of making an inquiry into or collecting statistics in respect of, any such matter, if the holder of such office is not entitled to any remuneration other than compensatory allowance;

4*[(i) The office of chairman, director or member of any statutory or non-statutory body other than any such body as is referred to in clause (h), if the holder of such office is not entitled to any remuneration other than compensatory allowance, but excluding (i) the office of chairman of any statutory or non-statutory body specified in Part I of the Schedule and (ii) the office of chairman or secretary or any statutory statutory body specified in Part II of the Schedule;]

(j) The office of village revenue officer whether called a READ MORE

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