PUNJAB STATE LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 1952 (Amended upto 2018)

[Act No. 7 of 1952]

[9th August, 1952]

PREAMBLE

An Act to declare certain offices of profit not to disqualify their holders for being chosen as, and for being, members of the State Legislature.

It is hereby enacted as follows:—

Section 1 - Short title and commencement

(1)   This Act may be called the Punjab State Legislature (Prevention of Disqualification) Act, 1952.

 

(2)    It shall be deemed to have come into force on the 26th day of January, 1950.

 

[1][Section 1-A. Definition

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 Legislative Assembly is entitled under the Punjab Legislative Assembly (Salaries and Allowances of Members) Act, 1942), 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; and

 

(c)      "non-statutory body" means anybody of persons other than a statutory body.]

Section 2 - Prevention of disqualification for membership of State Legislature

A person shall not be disqualified for being chosen as, and for being, a member of the Punjab State Legislature by reason only of the fact that he holds any of the following offices of profit under the Government of India or under the Government of the State of Punjab, namely:—

(a)      Lambardar;

 

(b)    [2][Sub-Registrar, whether departmental or honorary, notary Public, Oath Commissioners or an official receiver who is not a whole-time salaried Government servant, or any person who holds any office of profit under an insurer the management of whose controlled business has vested in the Central Government under the Life Insurance (Emergency Provisions) Act, 1956 (Central Act No. 9 of 1956);]

 

(c)    [3][Officers, non-commissioned officers and persons enrolled under the Territorial Army Act, 1948 (Act lvi of 1948); persons enrolled under the National Cadet Corps Act, 1948 (Act xxxi of 1948); and persons of the Auxiliary Air Force or the Air Defence Reserve under the Reserve and Auxiliary Air Force Act, 1952 (Act lxii of 1952)];

 

(c)    [4][the office of a member of the Punjab Home Guards constituted under the Punjab Home Guards Act, 1947, or the office of a member of the Civil Defence Service deemed to be constituted under section 7 of the Defence of India Act, 1962;]

 

(d)    Officer in the Army Reserve of Officers;

 

[5][***]

(f)    a [6][Chief Parliamentary Secretary or a] Parliamentary Secretary or a Parliamentary Under Secretary;

[7][(ff) Political Secretary to the Chief Minister, Punjab;

 

(fff) Chairman of the State Level Committee for Fiscal Reforms and Economic Restructuring;]

 

[8][***]

 

[9][***]

[10][(i) Chairperson of the Punjab Wakf Board;]

(j)       [11][ * * * * *]

 

[12][(j)  any office held by a Minister (including the Chief Minister), Minister of State or Deputy Minister, whether ex-officio or by name;

 

(k)    the office of Chairman, Vice-Chairman, Deputy Chairman of the State Planning Board;

 

(l)     the office of each leader and each deputy leader of a recognised party and a recognised group in the Punjab State Legislature;

 

(m)   the office of Chief Whip, Deputy Chief Whip or Whip in the Punjab State Legislature;

 

(n)    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;

 

(o)   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; and

 

(p)    the office of chairman, director or member (by whatever name called) of any statutory or non-statutory body other than any such body as is referred to in clause (o), if the holder of such office is not entitled to any remuneration other than compensatory allowance.]

 

Section 3 - Repeal

The Punjab Legislative Assembly (Removal of Disqualifications) Act, 1937 and the Punjab Provisional Legislature (Prevention of Disqualification) Act, 1950, are hereby repealed.