LexThe Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960
Gujarat · state statute
Open in Lexace · Ask the AI about this actGUJARAT ACT NO. I OF 1960
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS (REMOVAL OF
DISQUALIFICATIONS)
ACT, 1960.
[22nd September, 1960]
Amended by Guj. 23 of 1962.
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17 of 1984.
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3 of
1985.
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2 of 1986.
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16 of 1991.
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1 of 1996.
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2 of 1996.
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1 of 1997.
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4 of 2008.
An Act to provide for the removal of certain disqualifications for being chosen as, and for being a member of the Gujarat Leg
islative Assembly.
WHEREAS by the Constitution provision has been made for declaring by Act of the state Le
g islature any office of p rofit under the Government of
India or the Government of any State specified in the First S chedule to the said Constitution not to disqualify its holder for bei ng chosen as, and for
being, a member of a State Legislature;
AND WHEREAS it is expedient to make such declaration; It is hereby enacted in the Eleventh Year of the Republic of India as f
ollows :
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1. S hort title and commencement.
(1)
This Act may be called the Gujarat Leg islative Assembly Members
(Removal of Disqualifications) Act, 1960.
(2) It shal l come into force on the 1st day of M ay, 1960.
2. Removal of certain disqualifications.
A person shall not be disqualified for being chosen as, or for being a membe
r of the Gujarat Legislative Assembly merely by reason of the
fact that he holds any of the offices sp ecified in the Sc hedule appended hereto.
3. Repeal of Guj. Ord. No.V of 1960.
The Gujarat Legislative Assembly M embers (Removal of
Disquali fications) Ordinance, 1960 is hereby repealed.
THE SCHEDULE
(See section 2)
1.
The office of Parli amentary Secretary to a Minister of the Government of Gujarat.
1A. Any office held by a M inister, M iniser of State or Deputy Minister,
whether ex
-
officio or by name.
2.
The office of p art
-
time professor or lec turer in a Government College.
3.
Any office in the National Cadet Corps, the Territorial Army, the Air Defence Reserve and the Auxiliary Air
Force.
4.
Any office in the Home Guards.
5.
Any office in a village defence party (by whatever name called) constituted by or under the authority of the
State Government.
Bom. XXIV
of
1951.
6.
The office of a member of the Advisory Board constituted under the Bombay Wild Animals and Wild Birds
Protection Act, 1951 or any corresp onding la w in force in any part of the State of Gujarat.
7.
The office of Secretary of the District or Regional Development Boards constituted by the S tate Government
(by whatever name called):
Provided that the holder of such office does not hold any other office of profit under the State
Government.
IX of 1956.
8.
Any office under an insurer the management of whose controlled business has vested in the Central
Government under the Life Insurance (Emerg ency Provisions) Act, 1956.
IX of 1956.
E xplanation
—
For the purpose of this entry, the
expression “controlled business” and “insurer” shall
have the meaning s assig ned to them in the Life Insurance (Emergency Provisions) Act, 1956.
9.
The office of an Honorary M edical Officer or Honorary Assistant M edical Officer in a hospital under
Government management.
Bom. XL of
1956.
10.
The office of Chai rman or member of the Labour Welfare Board constituted under the Bombay
Labour
Welfa re Fund Act, 1953.
11.
The office of Chai rman, V ice
-
Chairman, Director, S ecretary or Member of any Committee or Statutory body
appointed by the Central or State Government:
Provided that the Chairman, Vice-Chairman, Director, Secretary or M ember of such Committee or
Statutory body does not receive any remuneration other than compensatory all owance nor does he receive any
facilities other than such facilitie s (including furnished office, staff, vehicle and free residential
accommodation) as are deemed by Government to be essential for the efficient performance of his duties as
such.
Explanation—For the purpose of this e ntry, “compensatory allowance” shall mean the traveling
allowance, the dail y allowance or such other allowance
which is paid to the holder of the office for the purpose
of meeting his p ersonal expenditure in attending the meetings of the Committee or body or in performing any
other functions as the holder of the said office.
12.
The office of an ex aminer for any exam
ination held by the Central or State Government or by the Union Public
Service Commission or the Gujarat Public Se rvice Commission.
XXXIV of
1948.
13.
The following offices held under the Employees’ State Insurance Act, 1948 to provide medical benefit to
insured persons under the said Act, that is to say —
(a) the office of an Insurance M edical Practitioner,
(b) the office of a part-time medical officer or specialist in a hospital , disp ensary, nursing home, maternity
home or other institution establi shed by the Employees’ State Insurance Corporation or the State Government,
and
(c) the office of a medical practitioner appointed to provide medical benefit to insured p ersons in any
private hospital, disp ensary, nursing home or maternity home
or other institution recognised for the purpose by
the Employees’ State Insurance Corporation or the S tate Government.
Guj. XXIII
of
1962.
14.
The office of a Director of the Gujarat Industrial Development Corporation nominated under clause (b), (c) or
(d) of sub-section (1) of section 4 of the Gujarat Industrial Development Act, 1962, by reason only of his
holding such office .
Guj. 5 of
1972.
15.
The Office of Chai rman or M ember of the Gujarat Tribal Development Corporation constituted under the
Gujarat Tribal Development Corporation Act, 1972.
16.
The Office of Chai rman or M ember of the Gujarat State Social Welfare Advisory Board.
17.
The Office of Chai rman or M ember of the Gujarat Backward Classes Board.
18.
The Office of Chai rman or M ember of the Gujarat
Minorities Board.
19.
The Office of Chai rman or M ember of the Gujarat Scheduled Castes Economic Development Corporation
Limited.
20.
The Office of Chai rman or M ember of the Gujarat State Scheduled Castes Welfare Advisory Board.
21.
The Office of Chai rman or
M ember of the Gujarat Women’s Economic Development Corp oration.
22.
The Office of Chai rman or M ember of the Gujarat Landless Labourers and Halpati Housing Board.
23.
The Office of the Executive Chairman and of the Additional Executive Chairman of the Hig h
Level
Committee for effective implem entation of the 20 Point Economic Prog ramme.
24.
The Office of Government Chie f Whip, Government Deputy Chief Whip or Government Whip.
25.
The Office of Chai rman of the Film Development Corp oration of Gujarat Limi ted.
64 of
1950.
26.
The Office of Chai rman or Director of the Gujarat State Road Transport Corporation established under the
Road Transport Corporations Act, 1950.
27.
The Office of Chai rman or Director of the Gujarat Dairy Development Corp oration Limited.
28.
The Office
of Chai rman or Director of the Gujarat State Handloom Development Corporation Limited.
29.
The Office of Chai rman or Director of the Gujarat State Ex port Corp oration Limited.
58 of 1962.
30.
The Office of Chai rman or Director of the Gujarat State Warehousing
Corp oration established under the
Warehousing Corporations Act, 1962.
31.
The Office of Chai rman or Director of Sardar Sarovar Narmada Nigam Limited.
32.
The Office of Chai rman or Director of the Gujarat State Forest Development Corp oration Limited.
63 of
1951.
33.
The Office of Chai rman or Director of the Gujarat State Financial Corporation established under the State
Financial Corp orations Act, 1951.
34.
The Office of Chai rman or Director of the Gujarat Mineral Development Corporation Limited.
35.
The Office of
Chairman or Director of the Gujarat State Seeds Corporation Limited.
36.
The Office of Chai rman or Director of the Gujarat Agro
-
Industries Corporation Limited.
37.
The Office of Chai rman or Director of the Gujarat Tractor Corporation Limited.
38.
The Office of
Chairman or Director of the Gujarat Water Resources Development Corporation Limited.
43 of 1995.
39.
The Office of Chai rperson or Director of the Gujarat State Wakf Board establi shed under the Wakf Act, 1995.
6 of 1974.
40.
The Office of Chai rman or M ember of
the Gujarat Pollution Control Board constituted under the Water
(Prevention and Control of Pollution) Act, 1974.)