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:-
Short title.- This Act may be called the Parliament (Prevention of Disqualification) Act, 1959 .
Definations.- In this Act, unless the context otherwise requires,-
" 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;
" 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;
" non- statutory body" means any body of persons other than a statutory body.
Certain offices of profit not to disquality.
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:-
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;
1[ the office of a leader of the Opposition in Parliament;
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;]
the office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a Parliamentary Secretary-;
4[ the office of chairperson of-
the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992 (19 of 1992 );
the National Commission for the Scheduled Castes and Scheduled Tribes constituted under clause (1) of article 338 of the Constitution;
the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990 (20 of 1990 );];
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 );
the office of a member of a Home Guard constituted under any law for the time being in force in any State;
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;
the office of a member of any delegation or mission sent out side India by the Government for any special purpose;
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[ 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[ 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;]
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[ 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 .]
Temporary suspension of disqualification in certain cases.
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.
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.