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Indian Numbered Acts |
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.[4th April, 1959.]
BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:- 1 Short title. 1.Short title.-This Act may be called the Parliament (Prevention of Disqualification) Act, 1959. 2 Definations. 2.Definations.-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 under 1*[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. 3 Certain offices of profit not to disquality. 3.Certain offices of profit not to disquality.-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; ---------------------------------------------------------------------- * Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s.2 and Sch. I. (with modification). 1. Subs. by Act 54 of 1993, s.2 (w.e.f. 27.8.1993). --------------------------------------------------------------------- 146 1*[(aa) the office of a leader of the Opposition in Parliament; (ab) 3*[the office of Deputy Chairman, Planning Commission.] [(ac) the office of each leader of a recognised party and a recognised group in either House of Parliament;] (b) the office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a Parliamentary Secretary-; 4[(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); (ii) the National Commission for the Scheduled Castesand Scheduled Tribes constituted under clause (1) of article 338 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 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 out side 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 nonstatutory 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;] 2*[(ii) the office of chairman or secretary of any statutory or non-statutory body specified in Part II of the Schedule and (iii) the office of deputy chairman of the non-statutory body specified in Part III-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 discharged any police functions. --------------------------------------------------------------------- 1. Ins. by Act 33 of 1977, s. 12. 2. Subs. by Act 20 of 1992, s.2. 3. Ins. & Subs. by Act 54 of 1993, s.3 (w.e.f. 19-7-1993). 4. Ins. by s.3, ibid. (w.e.f. 27-8-1993). 5. Ins. by Act 5 of 1999, s. 5 (w.e.f. ). --------------------------------------------------------------------- 146A 1*[Explanation 1].-For the purposes of this section, the office of 2*[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]. 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.] 4 Temporary suspension of disqualification in certain cases. 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 ---------------------------------------------------------------------- 1 Explanation numbered as Explanation 1 by Act 33 of 1977, s. 12 (w.e.f. 1-11-1977). 2 Subs. by Act 54 of 1993, s.3. (w.e.f. 27-8-1993) 3 Ins. by Act 33 of 1977, s. 12, (w.e.f. 1-11-1977). 4 Ins. by Act 5 of 1999, s. 5 (w.e.f. ). ---------------------------------------------------------------------- 147 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. 5 Repels. 5.Repels.-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. SCHE
[See section 3(i)]
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). Board of Directors of the Export Risks Insurance Corporation 1* Limited. Board of Directors of the Heavy Electricals 1* Limited. Board of Directors of the Hindustan Cables 1* Limited. Board of Directors of the Hindustan Insecticides 1* Limited. Board of Directors of the Hindustan Machine Tools 1* Limited. Board of Directors of the Hindustan Shipyard Limited. Board of Directors of the 2*[Hindustan Chemicals and Fertilizers Limited]. Board of Directors of the National Coal Development Corporation (Private) Limited. Board of Directors of the National 3*[Industrial] Development Corporation 1* Limited. -------------------------------------------------------------------- 1 The brackets and word "(Private)" omitted by Act 58 of 1960, s. 3 and Sch. II. 2 Subs. by s. 3 and Sch. II, ibid., for "Nangal Fertilizers and Chemicals (Private) Limited". 3 Ins. by s. 3 and Sch. II, ibid. -------------------------------------------------------------------- 148 Board of Directors of the National Instruments 1* Limited. Board of Directors of the National Small Industries Corporation 1*Limited. Board of Directors of the Neyveli Lignite Corporation (Private) Limited. Board of Directors of the Sindri Fertilizers and Chemicals 1* Limited. Board of Directors of the State Trading Corporation of India 1* Limited. Central Warehousing Corporation established under section 17 of the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956). Coal Board established under section 4 of the Coal Mines (Conser- vation and Safety) Act, 1952 (12 of 1952). Coal Mines Labour Housing Board constituted under section 6 of the Coal Mines Labour Welfare Fund Act, 1947 (32 of 1947). Commissioners for the Port of Calcutta. Committee for the allotment of land in the township of Gandhidham. Company Law Advisory Commission constituted under section 410 of the Companies Act, 1956 (1 of 1956). Cotton Textiles Fund Committee constituted under the Textile Funds Ordinance, 1944 (34 of 1944). Dock Labour Board, Bombay, established under the Bombay Dock Workers (Regulation of Employment) Scheme, 1956, made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948). Dock Labour Board, Calcutta, established under the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956, made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948). Dock Labour Board, Madras, established under the Madras Dock Workers (Regulation of Employment) Scheme, 1956, made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948). Forward Markets Commission established under section 3 of the Forward Contracts (Regulation) Act, 1952 (74 of 1952). ---------------------------------------------------------------------- 1 The brackets and word "(Private)" omitted by Act 58 of 1960, s. 3 and Sch. II. ---------------------------------------------------------------------- 148A Indian Air Lines Corporation established under section 3 of the Air Corporations Act, 1953 (27 of 1953). Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948). 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). National Co-operative Development and Warehousing Board established under section 3 of the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956). 149 Rehabilitation Finance Administration constituted under section 3 of the Rehabilitation Finance Administration Act, 1948 (12 of 1948). Tariff Commission established under section 3 of the Tariff Commission Act, 1951 (50 of 1951). Trustees of the Port of Bombay. Trustees of the Port of Madras. Trustees or Commissioners of any major Port as defined in the Indian Ports Act, 1908 (15 of 1908), other than the Port of Calcutta, Bombay or Madras. 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. Livestock Purchasing Committee. Assam Adhi Conciliation 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. Assam Text Book Committee. Bihar Mining Board for Coal Mines. Text Book and Education Literature Committee. Bombay Allocation Committee (Allopathic) under the Employees' State Insurance Scheme. Allocation Committee (Ayurvedic) under the Employees' State Insurance Scheme. Board to conduct over-all supervision of the business and affairs of the Narsinggiriji Mills, Sholapur. 150 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). Medical Service Committee under the Employees' State Insurance Scheme. Pharmaceutical Committee under the Employees' State Insurance Scheme. 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). Saurashtra Housing Board constituted under section 3 of the Saurashtra Housing Board Act, 1954. State Transport Authority constituted under section 44 of the Motor Vehicles Act, 1939 (4 of 1939). Vidarbha Housing Board constituted under section 3 of the Madhya Pradesh Housing Act, 1950. Kerala Board of Examiners appointed under rule 8 of the Travancore Cochin Boiler Attendants Rules, 1954. Panel of Assessors constituted under rule 63 of the Tranvancore- Cochin Boiler Attendants Rules, 1954. Panel of Assessors constituted under the Travancore-Cochin Economiser Rules, 1956. Madhya Pradesh Madhya Pradesh Housing Board constituted under section 3 of the Madhya Pradesh Housing Board Act, 1950. Mahakoshal Housing Board. 1*[Tamil Nadu] Committee to select Books for Study for S.S.L.C. Examination. ---------------------------------------------------------------------- 1 Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "Madras" (w.e.f. 14-1-1969). ---------------------------------------------------------------------- 151 Landing and Shipping Fees Committees for Minor Ports. Local Committee constituted under regulation 10A of the Employees' State Insurance (General) Regulations, 1950. Madras Board of Transport. 1*[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). Port Conservancy Boards. Port Trust Boards of Minor Ports. State Board of Communications. Text Books Committee. 2*[karnataka] Board of Management, Mysore Iron and Steel Works, Bhadravathi. Board of Management of Industrial Concerns. Orissa Appeal Committee under the Board of Secondary Education. Orissa Board of Communications and Transport. Regional Transport Authority constituted under section 44 of the Motor Vehicles Act, 1939 (4 of 1939). State Transport Authority constituted under section 44 of the Motor Vehicles Act, 1939 (4 of 1939). Punjab Punjab State National Workers (Relief and Rehabilitation) Board. Rajasthan City Improvement Trust, Kota, constituted under the City of Kota Improvement Act, 1946. Excise Appellate Board, Ajmer. ---------------------------------------------------------------------- 1 Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "Madras State Electricity Board" (w.e.f. 14-1-1969). 2 Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for "Mysore" (w.e.f. 1-11-1973). ---------------------------------------------------------------------- 152 Rajasthan State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948 (54 of 1948). Urban Improvement Board, Jaipur. Uttar Pradesh Government Cement Factory Board. Local Committees for Agra, Kanpur, Lucknow and Saharanpur appointed under section 25 of the Employees' State Insurance Act, 1948 (34 of 1948). Sub-Committee to select books for Educational Expansion Department. U.P. 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. West Bengal Housing Board constituted under the West Bengal Development Corporation Act, 1954. BODIES IN UNION TERRITORIES Delhi Development Authority constituted under section 3 of the Delhi Development Act, 1957 (61 of 1957). Delhi Electricity Power Control Board constituted under section 5 of the Bombay Electricity (Special Powers) Act, 1946, as applied to Delhi. Delhi State Electricity Council constituted under section 16 of the Electricity (Supply) Act, 1948 (54 of 1948). PART II BODIES UNDER THE CENTRAL GOVERNMENT Advisory Committee for the Air-India International Corporation appointed under section 41 of the Air Corporations Act, 1953 (27 of 1953). Advisory Committee for the Indian Airlines Corporation appointed under section 41 of the Air Corporations Act, 1953 (27 of 1953). 153 Central Silk Board constituted under section 4 of the Central Silk Board Act, 1948 (61 of 1948). Coffee Board constituted under section 4 of the Coffee Act, 1942 (7 of 1942). Coir Board constituted under section 4 of the Coir Industry Act, 1953 (45 of 1953). Development Council for Acids and Fertilizers established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Alkalis and Allied Industries established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Bicycles established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Drugs, Dyes, and Intermediates estab- lished under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Food Processing Industries established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Heavy Electrical Engineering Industries established under section 6 of the Industries (Development and Regu- lation) 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). 154 Development Council for Oil-based and Plastic Industries estab- lished under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Sugar Industry established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Textiles made of artificial Silk includ- ing artificial Silk Yarn established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Development Council for Textiles made of Wool, including woollen yarn, hosiery, carpets and druggets established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). Durgah Committee, Ajmer, constituted under section 4 of the Durgah Khawaja Saheb Act, 1955 (36 of 1955). Indian Central Arecanut Committee. Indian Central Coconut Committee constituted under section 4 of the Indian Coconut Committee Act, 1944 (10 of 1944). Indian Central Cotton Committee constituted under section 4 of the Indian Cotton Cess Act, 1923 (14 of 1923). Indian Central Jute Committee. Indian Central Oilseeds Committee constituted under section 4 of the Indian Oilseeds Committee Act, 1946 (9 of 1946). Indian Central Sugarcane Committee. Indian Central Tobacco Committee. Indian Lac Cess Committee constituted under section 4 of the Indian Lac Cess Act, 1930 (24 of 1930). Rubber Board constituted under section 4 of the Rubber Act, 1947 (24 of 1947). Tea Board constituted under section 4 of the Tea Act, 1953 (29 of 1953). BODIES UNDER STATE GOVERNMENTS Andhra Pradesh Market Committee constituted under section 4 of the Hyderabad Agricultural Market Act No. II of 1339F. 155 Market Committee constituted under section 4A of the Madras Commercial Crops Markets Act, 1933. Bihar Bihar State Board of Religious Trusts. Bihar Subai Majlis Awqaf. Bodh Gaya Temple Advisory Committee constituted under section 15 of the Bodh Gaya Temple Act, 1949. Bodh Gaya Temple Management Committee constituted under section 3 of the Bodh Gaya Temple Act, 1949. Kerala Administration Committee for Coir Purchase Scheme. Malabar Market Committee constituted under section 4A of the Madras Commercial Crops Markets Act, 1933. Tapioca Market Expansion Board. 1*[Tamil Nadu] Area Committee for Hindu Religious and Charitable Endowments constituted under section 12 of the Madras Hindu Religious and Charitable Endowments Act, 1951. Madras 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. 2*[ 3* * * * ] -------------------------------------------------------------------- 1 Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "Madras" (w.e.f. 14-1-1969). 2 Added by Act 20 of 1992, s.3 3 Omitted by Act 54 of 1993, s.4 (w.e.f.19-7-1993). --------------------------------------------------------------------
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