The Parliament (Prevention of Disqualification) Act, 1959

This Act may be called the Parliament (Prevention of Disqualification)Act, 1959

In this Act, unless the context otherwise requires,― (a) "compensatory allowance" means any sum of money payable to the holder of an office byway of daily allowance (such allowance not exceeding the amount of daily allowance to which amember of Parliament is entitled under1[the Salary, Allowances and Pension of Members ofParliament Act, 1954 (30 of 1954)], any conveyance allowance, house-rent allowance ortravelling allowance for the purpose of enabling him to recoup any expenditure incurred by him inperforming the functions of that office; (b) "statutory body" means any corporation, committee, commission, council, board or otherbody of persons, whether incorporated or not, established by or under any law for the time beingin force; (c) "non-statutory body" means any body of persons other than a statutory body.

It is hereby declared that none of the followingoffices, in so far as it is an office of profit under the Government of India or the Government of anyState, 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 forany State, whether ex officio or by name; 1[(aa) the office of a Leader of the Opposition in Parliament;]br2[(ab) the office of Deputy Chairman, Planning Commission;] 3[(ac) the office of 4[each leader and each deputy leader] of a recognised party and arecognised group in either House of Parliament;] 5[(ad) the office of the Chairperson of the National Advisory Council constituted by theGovernment of India in the Cabinet Secretariat vide Order No. 631/2/1/2004-Cab., dated the 31stMay, 2004;] (b) the office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a ParliamentarySecretary; 6[(ba) the office of chairperson of (i) the National Commission for Minorities constituted under section 3 of the NationalCommission for Minorities Act, 1992 (19 of 1992); 7[(ii) the National Commission for the Scheduled Castes constituted under clause (1) ofarticle 338 of the Constitution; (iia) the National Commission for the Scheduled Tribes constituted under clause (1) ofarticle 338A of the Constitution;] (iii) the National Commission for women constituted under section 3 of the NationalCommission for Women Act, 1990 (20 of 1990);] (c) the office of a member of any force raised or maintained under the National Cadet CorpsAct, 1948 (31 of 1948), the Territorial Army Act, 1948 (56 of 1948), or the Reserve and AuxiliaryAir Forces Act, 1952 (62 of 1952); (d) the office of a member of a Home Guard constituted under any law for the time being inforce 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 orcourt 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 Governmentfor any special purpose; (h) the office of chairman or member of a committee (whether consisting of one or moremembers), set up temporarily for the purpose of advising the Government or any other authorityin respect of any matter of public importance or for the purpose of making an inquiry into, orcollecting statistics in respect of, any such matter, if the holder of such office is not entitled to anyremuneration other than compensatory allowance; 8[(i)the office of chairman, director or member of any statutory or non-statutory body otherany such body as is referred to in clause (h), if the holder of such officer is not entitled to anyremuneration other than compensatory allowance, but excluding (i) the office of chairman of anystatutory or non-statutory body specified in Part I of the Schedule, and (ii) the office of chairmanor secretary of 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, pateldeshmukh or by any other name, whose duty is to collect land revenue and who is remunerated bya share of, or commission on, the amount of land revenue collected by him, but who does notdischarge any police functions. 9[(k) the office of Chairman, Deputy Chairman, Secretary or Member (by whatever namecalled) 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 publicor private, not being a body specified in the Schedule; (m) the office of Chairman, President, Vice-President or Principal Secretary orSecretary of the Governing Body of any society registered under the Societies RegistrationAct, 1860 (21 of 1860) or under any other law relating to registration of societies, not being abody specified in the Schedule.] 10[Explanation 1.For the purposes of this section, the office of 11[chairman, Deputy Chairman orsecretary] shall include every office of that description by whatever name called. 12[Explanation 2.--In clause (aa), the expression Leader of the Opposition shall have themeaning assigned to it in the Salary and Allowances of Leaders of Opposition in ParliamentAct, 1977 (33 of 1977).]] 13[Explanation 3.--In clause (ac), the expressions recognised party and recognised group shallhave the meanings assigned to them in the Leaders and Chief Whips of Recognised Parties andGroups in Parliament (Facilities) Act, 1998 (5 of 1999).]

If a person being a member ofParliament who immediately before the commencement of this Act held an office of profit declaredby any law repealed by this Act not to disqualify the holder thereof for being such member, becomesso disqualified by reason of any of the provisions contained in this Act, such office shall not, if heldby such person for any period not extending beyond a period of six months from the commencementof this Act disqualify him for being a member of Parliament.

The Parliament (Prevention of Disqualification) Act, 1950 (19 of 1950), theParliament Prevention of Disqualification Act, 1951 (68 of 1951), the Prevention of DisqualificationAct, 1953 (1 of 1954), and any provision in any other enactment which is inconsistent with this Actare hereby repealed.