Parliament (Prevention of Disqualification) Act, 1959
No: 10 Dated: Apr, 04 1959
THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959
ACT NO. 10 OF 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.
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 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 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;
(aa) the office of a Leader of the Opposition in Parliament;
(ab) the office of Deputy Chairman, Planning Commission;
(ac) the office of each leader and each deputy leader of a recognised party and a recognised group in either House of Parliament;
(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;
(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 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;
(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 4
(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 discharge any police functions.
(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;
(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.
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.
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).
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).