| PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959 |
| PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959 10 of 1959 4th April, 1959 STATEMENT OF OBJECTS AND REASONS "Article 102( 1 )(a) of the Constitution provides that a person shall be disqualified for being chosen as, and for being a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State other than an office declared by Parliament by law not to disqualify its holder. In pursuance of this article, Parliament has passed three Acts, namely, the Parliament (Prevention of Disqualification) Act, 1950, the Parliament (Prevention of Disqualification) Act, 1951 and the Prevention of Disqualification (Parliament and Part C States Legislatures) Act, 1953. The Act of 1951 exempted certain offices for specified periods which have expired and the Act is thus spent. The Act of 1950 and section 3 of the Act of 1953exempted permanently the offices of- (i) Ministers of State and Deputy Ministers, (ii) Parliamentary Secretaries and Parliamentary Under Secretaries, (iii) Deputy Chief Whips in Parliament, (iv) Vice-Chancellors of Universities, (v) Officers in the National Cadet Corps, and the Territorial Army, and (vi) the Chairman and members of Advisory Committees set up by the Government when they are not entitled to any fee or remuneration other than compensatory allowance, Section 4 of the Act of 1953further exempted for a temporary period- (i) the offices of Chairman and member of any other Committee set up by the Government, whether under a statute or by executive order, and (ii) the offices of Chairman, director, member and officer of any statutory body, where the power to make the appointment or the power to remove the person from the office is vested in the Government. It was even then recognised that the last mentioned exemptions were very wide in scope and consequently their operation was limited to a short period which is due to expire on the 31st December, 1957. This Bill seeks to repeal the three existing Acts and to replace them by a consolidated and permanent measure. It takes into account the recommendations made by the Joint Committee of Parliament under the Chairmanship of Pandit Thakurdas Bhargava which submitted its report in October, 1955. While most of the recommendations of this (''ommittee have been given effect to in the Bill, it has not been found practicable "to have schedules enumerating in detail the different offices which do not incur disqualification, offices for which exemption has to be granted and offices which would disqualify members." Clause 2 of the Bill lists ten different categories of offices the holding of which would not disqualify for, membership of Parliament."-Gaz. of Ind., 5-12-1957, Extra, Pt. II, S. 2, p. 916-. Act 54 of 1993.- The Joint Committee on Offices of Profit (Tenth Lok Sabha) in their Second Report examined the composition, character, functions, etc. of the Planning Commission, the Minorities Commission (now the National Commission for Minorities), the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for women constituted by the Government of India and the emoluments and allowances payable to their chairpersons, vice-chairpersons, members, etc., with a view to consider whether the holders of offices of these Commissions would incur disqualification under article 102(1 )(a) of the Constitution for being chosen as, or for being, a Member of Parliament. The Committee, in paragraph 22 of their aforesaid Report, recommended as under :- "22. The Committee are of the view that though all the offices examined by the Committee in this Report carry salary and thereby could strictly speaking be considered as offices of profit, for speedy implementation of socio-economic development programmes of Government it is essential to associate Members of Parliament with the working of these Commissions of national importance. They therefore, recommend that the Government should amend the Parliament (Prevention of Disqualification) Act. 1959 (10 of 1959) expeditiously so as to include these offices under the relevant schedule to prevent the holders of these posts from incurring disqualification for being chosen as, or for being a Member of Parliament." 2. In view of the urgency felt by the Government and pending detailed examination of the Report, the Parliament (Prevention of Disqualification) Act, 1959 was amended by the Parliament (Prevention of Disqualification) Amendment Act, 1992 (20 of 1992) for exempting the holder of office of Deputy Chairman, Planning Commission from incurring disqualification. On re-examination of the matter, it was noticed that the amendment did not serve the purpose as the Schedule to the 1959 Act enumerates the names of such of the bodies in relation to which the holders of the offices are excluded from exemption from incurring disqualification. In order to rectify the position and to give effect to the intention of Parliament expeditiously in exempting the holder of office of Deputy Chairman, Planning Commission from incurring disqualification, the Parliament (Prevention of Disqualification) Amendment Ordinance. 1993 (Ord, 29 of 1993) was promulgated on the 19th July, 1993. 3. It is proposed to replace the said Ordinance and give effect to the other recommendations of the Joint Committee referred to above. It is also proposed to make certain incidental and consequential amendments including the change in the short title of Act 30 of 1954. 4. The Bill seeks to achieve the above object. -Gaz. of Ind., 29 -7-1993, Pt. II, S. 2, Ext., p. l 1 (No. 33). 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 01: SHORT TITLE - This Act may be called The Parliament (Prevention of Disqualification) Act, 1959. SECTION 02: 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 under2[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 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. SECTION 03: 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; 3[(aa) the office of a Leader of the Opposition in Parliament;] 4[(bb) the office of Deputy Chairman, Planning Commission;] (b) the office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a Parliamentary Secretary; 5[(ba) the office of Chairperson of- (i) the National Commission for Minorities constituted undersection 3-of the National. Commission for Minorities Act, 1992; (ii) the National Commission for the Scheduled Castes and Scheduled Tribes constituted under clause (1) of article 338 of the Constitution; (iii) the National Commission for woman constituted undersection 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; 6[(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 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. Item (i).- "This was the most controversial item in the entire Bill as it raised the question of the desirability of appending a schedule to the Bill enumerating the Committees membership of which would entail disqualification. The Committee have given their most careful thought to the question and have come to the conclusion that the law on the subject of disqualification of members of Parliament should be clear and unambiguous. The Committee, therefore, decided that on the model of the British House of Commons Disqualification Act, 1957, the Bill should contain a schedule which should enumerate the Committee whose membership should disqualify. The Committee have accordingly attached a schedule to the Bill, Part I of which enumerates the Committees membership of which would entail disqualification, and Part II, the Committees in which the office of chairman, secretary, or member of the standing or executive committees would entail disqualification, .but not the office of a member only. The original item (h) has accordingly been amended. The Committee are fully aware that in the very nature of things any schedule of the nature now attached cannot be exhaustive or complete at any time. The Committee, therefore, recommend the constitution of a Standing Parliamentary Committee composed of members of both the Houses of Parliament which will undertake the work of continuous scrutiny in respect of all existing and future committees with a view to recommending to the Government which of them ought or ought not to disqualify so that legislation for amending the schedule may be brought forward by Government from time to time."-J.C.R.-Gaz. of Ind., 10-9-1958, Pt. II, S. 2, Ext., p. 987/5. SECTION 04: 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. SECTION 05: REPEALS - The Parliament (Prevention of Disqualification) Act, 1950, the Parliament Prevention of Disqualification Act, 1951, the Prevention of Disqualification Act, 1953, and any provision in any other enactment which is inconsistent with this Act are hereby repealed. SCHEDULE 01: THE SCHEDULE [Seesection 3-(i)] PART I BODIES UNDER THE CENTRAL GOVERNMENT Air-India International Corporation established under secton 3 of the Air Corporations Act, 1953 (27 of 1953). Air Transport Council constituted undersection 30 of the Air Corporations Act, 1953-(27 of 1953). Board of Directors of the Exports Risks Insurance Corporation[* * *] Limited. Board of Directors of the Heavy Electricals [* * *] Limited. Board of Directors of the Hindustan Cables[* * *] Limited. Board of Directors of the Hindustan Insecticides[* * *] Limited. Board of Directors of the Hindustan Machine Tools[* * *] Limited. Board of Directors of the Hindustan Shipyard Limited. Board of Directors of the[Hindustan Chemicals and Fertilizers Limited]. Board of Directors of the National Coal Development Corporation (Private) Limited. Board of Directors of the National[Industrial] Development Corporation[* * *] Limited. Board of Directors of the National Instruments[* * *] Limited. Board of Directors of the National Small Industries Corporation[* * *] Limited. Board of Directors of the Neyveli Lignite Corporation (Private) Limited. Board of Directors of the Sindri Fertilizers and Chemicals[* * *] Limited. Board of Directors of the State Trading Corporation of India[* * *] Limited. Central Warehousing Corporation established undersection 17 of the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956).Coal Board established undersection 4 of the Coal Mines (Conservation and Safety) Act, 1952(12 of 1952). Coal Mines Labour Housing Board constituted undersection 6 of the Coal Mines Labour Welfare Fund Act, 1947-)_? of 1947). Commissioners for the Port of Calcutta, Committee for the allotment of land in the township of Gandhidham. Company Law Advisory Commission constituted undersection 410 of the Companies Act, 1956 (1 of 1956)-. Cotton Textiles Funds Committee constituted under the Textiles Fund 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 undersection 3 of the Forward Contracts (Regulation) Act, 1952-.(74 of 1952). Indian Air Lines Corporation established undersection 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 undersection 12 of the Mines Act, 1952-(35 of 1952). National Co -operative Development and Warehousing Board established undersection 3 of the Agricultural Produce (Development and Warehousing) Corporations Act, 1956(28 of 1956). Rehabilitation Finance Administration constituted undersection 3 of the Rehabilitation Finance Administration Act, 1948-(12 of 1948). Tariff Commission established undersection 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 undersection 3 of the Hyderabad Agricultural Improvemeni Act, 1952. Co-operative Agricultural and Marketing Development Fund Committee, Livestock Purchasing Committee. Assam : Adhi Conciliation Boards constituted undersection 2-A of the Assam Adhiars Protection and Regulation Act, 1948. Assam Evacuee Property Management Committee constituted undersection 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 (Maharashtra : Gujarat) : Allocation Committee (Allopathic) under the Employees' State Insurance Scheme. Allocation Commitee (Ayurvedic) under the Employees' State Insurance Scheme. Board to conduct over-all supervision of the business and affairs of the Narsinghgirji Mills, Sholapur. Bombay Housing Board constituted undersection 3 of the Bombay Housing Board Act, 1948. Bombay State Electricity Board constituted undersection 5 of the Electricity (Supply) Act, 1948- (54 of 1948). Bombay State Electricity Consultative Council constituted undersection 16 of the Electricity (Supply) Act, 1948-(54 of 1948). Medical Service Committee under the Employees' State Insurance Scheme. Pharamaceutical Committee under the Employees' State Insurance Scheme. Regional Transport Authority for Ahmedabad, Aurangabad, Bombay, Nagpur, Poona, Rajkot and Thana constituted undersection 41 of the Motor Vehicles Act, 1939-(4 of 1939). Saurashtra Housing Board constituted undersection 3 of the Saurashtra Housing Board Act, 1954. State Transport Authority constituted undersection 41 of the Motor Vehicles Act, 1939-(4 of 1939). Vidarbha Housing Board constituted undersection 3 of the Madhya Pradesh Housing Act, 1950. Karnataka: Board of Management, Mysore Iron and Steel Works, Bhadravathi. Board of Management of Industrial Concerns. 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 Travancore-Cochin Boiler Attendants Rules, 1954. Panel of Assessors constituted under the Travancore-Cochin Economiser Rules, 1956. Madhya Pradesh: Madhya Pradesh Housing Board constituted undersection 3 of the Madhya Pradesh Housing Board Act, 1950. Mahakoshal Housing Board. Orissa: Appeal Committee under the Board of Secondary Education. Orissa Board of Communications and Transport. Regional Transport Authority constituted undersection 41 of the Motor Vehicles Act. 1939-(4 of 1939). State Transport Authority constituted undersection 41 of the Motor Vehicles Act, 1939-(4 of 1939). Punjab (Punjab : Haryana : Chandigarh) : 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. Rajasthan State Electricity Board constituted undersection 5 of the Electricity (Supply) Act, 1948-(54 of 1948). Urban Improvement Board, Jaipur.[Tamil Nadu]: Committee to select Books for Study for S.S.L.C. Examination. Landing and Shipping Fees Committees for Minor Ports. Local Committee constituted under regulation10-A of the Employees' State Insurance (General) Regulations, 1950. Madras Board of Transport.[Tamil Nadu] State Electricity Board constituted undersection 5 of the Electricity (Supply) Act, 1948-(54 of 1948). Madras State Electricity Consultative Council constituted undersection 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. Uttar Pradesh: Government Cement Factory Board. Local Committees for Agra, Kanpur, Lucknow and Saharanpur appointed undersection 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 undersection 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 undersection 3 of the Delhi Development Act, 1957(61 of 1957). Delhi Electricity Power Control Board constituted undersection 5 of the Bombay Electricity (Special Powers) Act, 1946, as applied to Delhi. Delhi State Electricity Council constituted undersection 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 undersection 41 of the Air Corporations Act, 1953-(27 of 1953). Advisory Committee for the Indian Airlines Corporation appointed undersection 41 of the Air Corporations Act, 1953-(27 of 1953). Central Silk Board constituted undersection 4 of the Central Silk Board Act, 1948-(61 of 1948). Coffee Board constituted undersection 4 of the Coffee Act, 1942-(7 of 1942). Coir Board constituted undersection 4 of the Coir Industry Act, 1951-(45 of 1953). Development Council for Acids and Fertilizers established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Alkalies and Allied Industries established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Bicycles established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Drugs, Dyes and Intermediates established undersection 6 of the Industries Development and Regulation) Act, 1951-(65 of 1951). Development Council for Food Processing Industries established undersection 6 of the Indutries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Heavy Electrical Engineering Industries established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Internal Combustion Engines and Power-driven Pumps established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Light Electrical Engineering Industries established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Machine Tools established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Non-ferrous Metals including alloys established undersection 6 of the Industries (Development and Regulation) Act, 1951- (65 of 1951). Development Council for Oil-based and Plastic Industries established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council for Sugar Industry established undersection 6 of the Industries (Development and Regulation) Act. 1951-(65 of 1951). Development Council for Textiles made of artificial Silk including artificial Silk Yarn established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Development Council lor Textiles made of Wool, including woollen yarn, hosiery, carpets and druggets established undersection 6 of the Industries (Development and Regulation) Act, 1951-(65 of 1951). Durgah Committee, Ajmer, constituted undersection 4 of the Durgah Khawaja Saheb Act, 1955-(36 of 1955). Indian Central Arecanut Committee. Indian Central Coconut Committee constituted undersection 4 of the Indian Coconut Committee, Act, 1944(10 of 1944) (now dissolved). Indian Central Cotton Committee constituted undersection 4 of the Indian Cotton Cess Act. 1923(14 of 1923) (now dissolved). Indian Central Jute Committee. Indian Central Oilseeds Committee constituted undersection 4 of the Indian Oil-seeds Committees Act, 1946(9 of 1946). Indian Central Sugarcane Committee. Indian Central Tobacco Committee. Indian Lac Cess Committee constituted undersection 4 of the Indian Lac Cess Act, 1930(24 of 1930). Rubber Board constituted undersection 4 of the Rubber Act, 1947-(24 of 1947). Tea Board constituted undersection 4 of the Tea Act, 1953(29 of 1953). BODIES UNDER STATE GOVERNMENTS Andhra Pradesh: Market Committee constituted undersection 4of the Hyderabad Agricultural Market Act No, II of 1339F. Market Committee constituted undersection 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 undersection 15 of the Bodh Gaya Temple Act, 1949. Bodh Gaya Temple Management Committee constituted undersection 3 of the Bodh Gaya Temple Act, 1949. Kerala: Administration Committee for Coir Purchase Scheme. Malabar Market Committee constituted undersection 4A of the Madras Commercial Crops Markets Act, 1933. Tapioca Market Expansion Board.[Tamil Nadu]: Area Committee for Hindu Religious and Charitable Endowments constituted undersection 12 of the T.N. Hindu Religious and Charitable Endowments Act, 1951. Tamil Nadu State Wakf Board constituted undersection 9 of the Wakf Act, 1954(29 of 1954).Punjab (Punjab : Haryana and Chandigarh) : State Marketing Board constituted undersection 3 of the Patiala Agricultural Produce Markets Act, 2004.[PART III] BODY UNDER THE CENTRAL GOVERNMENT PLANNING COMMISSION |
| Central Bare Acts |