The Parliament (Prevention of Disqualification) Act, 1959

THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959

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THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959 ARRANGEMENT OF SECTIONS SECTIONS 1. Certain offices of profit not to disqualify. Temporary suspension of disqualification in certain cases.

THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959

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Section 1 — Short title

Section 2 — Definitions

Section 3 — Certain offices of profit not to disqualify

THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959 ACT NO. 10 OF 1959 [4th April, 1959.] 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:― 1. Short title.―This Act may be called the Parliament (Prevention of Disqualification) Act, 1959. 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 1 member of Parliament is entitled under [the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 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 by or under any law for the time being in force; (c) “non-statutory body” means any body of persons other than a statutory body. 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 any State, whether ex officio or by name; 2 [(aa) the office of a Leader of the Opposition in Parliament;] 3 [(ab) the office of Deputy Chairman, Planning Commission;] 4 5 [(ac) the office of [each leader and each deputy leader] of a recognised party and a recognised group in either House of Parliament;] 6 [(ad) the office of the Chairperson of the National Advisory Council constituted by the Government of India in the Cabinet Secretariat vide Order No.

[(ba) the office of chairperson of―

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1 [(ba) the office of chairperson of― (i) the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992 (19 of 1992); 2 [(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;] (iii) the National Commission for women constituted under section 3 of the National Commission for Women Act, 1990 (20 of 1990);] (c) the office of a member of any force raised or maintained under the National Cadet Corps Act, 1948 (31 of 1948), the Territorial Army Act, 1948 (56 of 1948), or the Reserve and Auxiliary Air Forces Act, 1952 (62 of 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; 3 [(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 of any statutory or non-statutory body specified in Part II of the Schedule;] (j) the office of village revenue officer, whether called a lambardar, malguzar, patel deshmukh or by any other name, whose duty is to collect land revenue and who is remunerated by a share of, or commission on, the amount of land revenue collected by him, but who does not discharge any police functions. 4 [(k) the office of Chairman, Deputy Chairman, Secretary or Member (by whatever name called) in any statutory or non-statutory body specified in the Table; 1.

(l) the office of Chairperson or trustee (by whatever name called) of any Trust, whether public

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Section 4 — Temporary suspension of disqualification in certain cases

Section 5 — Repeals

(l) the office of Chairperson or trustee (by whatever name called) of any Trust, whether public or private, not being a body specified in the Schedule; (m) the office of Chairman, President, Vice-President or Principal Secretary or Secretary of the Governing Body of any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law relating to registration of societies, not being a body specified in the Schedule.] 1 2 [Explanation 1].―For the purposes of this section, the office of [chairman, Deputy Chairman or secretary] shall include every office of that description by whatever name called. 3 [Explanation 2.―In clause (aa), the expression “Leader of the Opposition” shall have the meaning assigned to it in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977).] 4 [Explanation 3.―In clause (ac), the expressions “recognised party” and “recognised group” shall have the meanings assigned to them in the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998 (5 of 1999).] 4. Temporary suspension of disqualification in certain cases.―If a person being a member of Parliament who immediately before the commencement of this Act held an office of profit declared by any law repealed by this Act not to disqualify the holder thereof for being such member, becomes so disqualified by reason of any of the provisions contained in this Act, such office shall not, if held by such person for any period not extending beyond a period of six months from the commencement of this Act disqualify him for being a member of Parliament. Repeals.―The Parliament (Prevention of Disqualification) Act, 1950 (19 of 1950), the Parliament Prevention of Disqualification Act, 1951 (68 of 1951), the Prevention of Disqualification Act, 1953 (1 of 1954), and any provision in any other enactment which is inconsistent with this Act are hereby repealed. Explanation re-numbered as Explanation 1 thereof by Act 33 of 1977, s. 3, for “chairman or secretary” (w.e.f.

THE SCHEDULE

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THE SCHEDULE [See section 3(i)] PART I BODIES UNDER THE CENTRAL GOVERNMENT Air-India International Corporation established under section 3 of the Air Corporations Act, 1953 (27 of 1953). Air Transport Council constituted under section 30 of the Air Corporations Act, 1953 (27 of 1953). 1 Board of Directors of the Export Risks Insurance Corporation * * * Limited. 1 Board of Directors of the Heavy Electricals * * * Limited. 1 Board of Directors of the Hindustan Cables * * * Limited. 1 Board of Directors of the Hindustan Insecticides * * * Limited.

Cotton Textiles Fund Committee constituted under the Textile Funds

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Cotton Textiles Fund Committee constituted under the Textile Funds Ordinance, 1944 (34 of 1944). Licensing Committee constituted under rule 10 of the Registration and Licensing of Industrial Undertakings Rules, 1952, made under the Industries (Development and Regulation) Act, 1951 (65 of 1951). Mining Boards constituted under section 12 of the Mines Act, 1952 (35 of 1952). Rehabilitation Finance Administration constituted under section 3 of the Rehabilitation Finance Administration Act, 1948 (12 of 1948). BODIES UNDER STATE GOVERNMENTS Andhra Pradesh Agricultural Improvement Fund Committee constituted under section 3 of the Hyderabad Agricultural Improvement Act, 1952. Co-operative Agricultural and Marketing Development Fund Committee.

Adhi Concilition Boards constituted under section 2A of the Assam Adhiars Protection and

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Assam Adhi Concilition Boards constituted under section 2A of the Assam Adhiars Protection and Regulation Act, 1948. Assam Evacuee Property Management Committee constituted under section 12 of the Assam Evacuee Property Act, 1951. Bombay Housing Board constituted under section 3 of the Bombay Housing Board Act, 1948. Bombay State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948 (54 of 1948). Bombay State Electricity Consultative Council constituted under section 16 of the Electricity (Supply) Act, 1948 (54 of 1948). Regional Transport Authority for Ahmedabad, Aurangabad, Bombay, Nagpur, Poona, Rajkot and Thana constituted under section 44 of the Motor Vehicles Act, 1939 (4 of 1939).

[Tamil Nadu]

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1 [Tamil Nadu] Committee to select Books for Study for S.S.L.C. Landing and Shipping Fees Committees for Minor Ports. Local Committee constituted under regulation 10A of the Employees’ State Insurance (General) Regulations, 1950. 2 [Tamil Nadu State Electricity Board] constituted under section 5 of the Electricity (Supply) Act, 1948 (54 of 1948). Madras State Electricity Consultative Council constituted under section 16 of the Electricity (Supply) Act, 1948 (54 of 1948). 3 [Karnataka] Board of Management, Mysore Iron and Steel Works, Bhadravathi.

Uttar Pradesh

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Uttar Pradesh Government Cement Factory Board. Local Committees for Agra, Kanpur, Lucknow and Saharanpur appointed under section 25 of the Employers’ State Insurance Act, 1948 (34 of 1948). Sub-Committee to select books for Educational Expansion Department. Sugar and Power Alcohol and Labour Housing Board constituted under section 10 of the U.P. Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950. West Bengal Licensing Board constituted under the regulations made under rule 45 of the Indian Electricity Rules, 1956.

Development Council for Heavy Electrical Engineering Industries established under section 6 of

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Development Council for Heavy Electrical Engineering Industries established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Internal Combustion Engines and Power Driven Pumps established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Light Electrical Engineering Industries established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Machine Tools established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Non-ferrous Metals including alloys established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Oil-based and Plastic Industries established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951).

Bihar State Board of Religious Trusts.

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Bihar Bihar State Board of Religious Trusts. 1 [Tamil Nadu] Area Committee for Hindu Religious and Charitable Endowments constituted under section 12 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1951. Tamil Nadu State Wakf Board constituted under section 9 of the Wakf Act, 1954 (29 of 1954). Punjab State Marketing Board constituted under section 3 of the Patiala Agricultural Produce Markets Act, 2004. The Tripura Khadi and Village Industries Board, a body constituted under the Tripura Khadi and Village Industries Act, 1966. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subject) Order, 1970, for “Madras” (w.e.f.

7. The West Bengal Industrial Development Corporation Limited.

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The West Bengal Industrial Development Corporation Limited. The Sriniketan Santiniketan Development Authority, a body constituted under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act No. The West Bengal Minorities Development and Finance Corporation, a body constituted under the West Bengal Minorities Development and Finance Corporation Act, 1995. The State Fisheries Development Corporation Limited, West Bengal. The West Bengal Pharmaceutical and Phytochemical Development Corporation Limited. The West Bengal Handloom and Powerloom Development Corporation Limited.

31. The Indira Gandhi National Centre for the Arts.

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The Indira Gandhi National Centre for the Arts. The Bihar State Board of Religious Trust, a body constituted under the Bihar Hindu Religious Trust Act, 1950 (Bihar Act No. The Research and Information System for the Non-Aligned and Other Developing Countries. The Indian Institute of Psychometry. The Uttar Pradesh Film Development Council. The National Co-operative Union of India.