[Act 1 of 1954] [1st January, 1954] An Act to declare certain offices of profit not to disqualify their
holders for being chosen as, or for being, members of Parliament[2]*
* *. Whereas doubts have arisen as to whether certain offices are offices of
profit under the Government; And whereas it is expedient to declare that such offices should not, under
certain conditions, disqualify, or be deemed to have disqualified, the holders
thereof for being chosen as, or for being, members of Parliament [3]*
* *; Be it, therefore, enacted by Parliament as follows. This Act may be called the Prevention
of Disqualification [4]*
* * Act, 1953. In this Act, unless the context otherwise requires, (a)
?Committee?
means any committee, commission, council, board or any other body of persons,
whether a statutory body or not, set up by the Government; (b)
?compensatory
allowance? means such sum of money as the Government may determine as being
payable to the Chairman or any other member of a Committee by way of travelling
allowance, daily allowance, conveyance allowance or house rent allowance for
the purpose of enabling the Chairman or other member to recoup any expenditure
incurred by him in attending any meeting of a Committee or performing any other
functions as a member of a Committee. Explanation. For the purposes of this clause, ?daily allowance? means an allowance
which shall not, (i)
in the
case of a member of either House of Parliament, when that House is sitting,
exceed forty rupees per day; and (ii)
in any
other case, exceed twenty rupees per day; (c)
?statutory
body? means any corporation, board, company, society or any other body of
persons, whether incorporated or not, established, registered or formed by or
under any law for the time being in force or exercising powers and functions
under any such law. It is hereby declared that the following offices shall not dis qualify,
and shall be deemed never to have disqualified, the holders thereof for being
chosen as, or for being, members of Parliament, (a)
the
offices of Chairman and member of a Committee set up 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: Provided that the holder of any such office is not in receipt of, or
entitled to, any fee or remuneration other than compensatory allowance; (b)
the
offices of the Vice-Chancellors of Universities; (c)
the
offices of the Deputy Chief Whips in Parliament; (d)
the
offices held by officers in the National Cadet Corps raised and maintained
under the National Cadet Corps Act, 1948 (31 of 1948), and in the Territorial
Army raised and maintained under the Territorial Army Act, 1948 (56 of 1948). It is hereby further declared that the following offices shall be deemed
never to have disqualified, and shall not, if held for any period not extending
beyond the [5][31st day of December,
1959], disqualify, the holders thereof for being chosen as, or for being,
members of Parliament, (a)
the
offices of Chairman and member of a Committee other than any such Committee as
is referred to in clause (a) of
Section 3; (b)
the
offices of Chairman, director, member and officer of a statutory body, where
the power to make any appointment to any such office or the power to remove any
person therefrom is vested in the Government. Rep. by the Adaptation of Laws (No. 3) Order, 1956. [1] Repealed by Parliament (Prevention of
Disqualification) Act, 1959 (Act 10 of 1959). [2] The words ?or, as the case may be, the
Legislative Assembly of any Part C State? omitted by the Adaptation of Laws
(No. 3) Order, 1956. [3] The words ?or, as the case may be, the
Legislative Assembly of any Part C State? omitted by the Adaptation of Laws
(No. 3) Order, 1956. [4] The words and brackets ?(Parliament and
Part C States Legislatures)? omitted, ibid. [5] Subs. by Act 54 of 1958, S. 2, for ?
31st day of December, 1958.Prevention of Disqualification
Act, 1953 [Repealed][1]