LexThe Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY MEMBERS
(REMOVAL OF DISQUALIFICATIONS) ACT, 1971
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Prevention of disqualifications for membership o f the
Legislative Assembly of Himachal Pradesh.
4. Determination of question arising after commence ment of the
Act.
5. Repeal and saving.
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THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY MEMBERS
(REMOVAL OF DISQUALIFICATIONS) ACT, 1971
(ACT NO. 7 OF 1971)
1
(Received the assent of the Governor on the 22 nd April, 1971 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 18 th
May, 1971, pp. 338-340.)
An Act to declare certain offices of profit under the Government of India,
or the Government of any State specified in the Fir st Schedule to
the Constitution not to disqualify their holders fo r being chosen
as, or for being, members of the Himachal Pradesh L egislative
Assembly.
Amended, repealed or otherwise affected by :-
(i) H.P. Act No. 8 of 1979 2 assented to by the Governor on 9 th
May, 1979, published in the Rajpatra, Himachal Prad esh
(Extra-ordinary), dated the 10 th May, 1979, pp. 1721-1722.
(ii) H. P. Act No. 26 of 1979 3 assented to by the Governor on
16 th November, 1979, published in the Rajpatra, Himacha l
Pradesh (Extra-ordinary), dated the 22 nd November, 1979,
pp. 2517-2518.
(iii) H.P. Act No. 7 of 1981 4 assented to by the Governor on 2 nd
May, 1981, published in the Rajpatra, Himachal Prad esh
(Extra-ordinary), dated the 6 th May, 1981, pp. 338-339.
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated the 19 th April, 1971, p. 250.
2. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated the 21 st April, 1979, p.1542.
3. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated the 3 rd November, 1979, pp. 2482.
4. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated the 26th March, 1981, p. 158.
2 THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY MEMBERS
(REMOVAL OF DISQUALIFICATIONS) ACT, 1971
(iv) H P. Act No. 15 of 1981 1 assented to by the Governor on 7 th
November, 1981, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated the 10 th November, 1981,
pp. 1000-1001, effective from 18 th May, 1971.
(v) H.P. Act No.13 of 1996 2 assented to by the Governor on 21 st
November, 1996, published both in Hindi and Englis h in
the Rajpatra, Himachal Pradesh (Extra-ordinary), da ted the
26 th November, 1996, pp. 5257-5260.
(vi) H.P. Act No. 15 of 1997 3 assented to by the Governor on 7 th
May, 1997, published both in Hindi and English in t he
Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 9 th
May, 1997, pp. 1705-1708.
(vii) H.P. Act No. 11 of 2005 4 assented to by the Governor on the
31 st March, 2005, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 31 st
March, 2005, pp. 4387-4390, effective from 24 th January,
2005.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-second Year of the Republic of India as follows:-
1. Short title and commencement .- (1) This Act may be called the
Himachal Pradesh Legislative Assembly Members (Remo val of
Disqualifications) Act, 1971.
(2) It shall come into force at once.
2. Definitions .- In this act, unless the context otherwise requires,-
(a) “compensatory allowance” means such sum of mone y as the
Government may determine as being payable to the ho lder of
an office by way of travelling allowance, daily all owance,
sitting allowance, conveyance allowance or house re nt
allowance for the purpose of
5[XXXXXXXXXXXXXXX]
performing the functions of that office;
(b) “statutory body” means any corporation, committ ee,
commission, council, board or other body of persons, whether
incorporated or not, established by or under any la w for the
time being in force;
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated the 26 th September, 1981, p. 856.
2. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated the 9 th
September, 1996, pp. 4254 and 4256.
3. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated the 10 th
April, 1997, pp. 1266 and 1268.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated the 7 th
March, 2005, pp. 4018 and 4021.
5. The words “enabling him to recoup any expenditur e incurred by him in” omitted
vide H.P. Act No. 15 of 1981, effective from 18th May, 1971.
THE HIMACHA.L PRADESH LEGISLATIVE ASSEMBLY MEMBERS
(REMOVAL OF DISQUALIFICATIONS) ACT, 1971
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(c) “non-statutory body” means any body of persons other than a
statutory body.
3. Prevention of disqualifications for membership o f the
Legislative Assembly of Himachal Pradesh .- A person shall not be
disqualified for being chosen as, and for being, a member of the Himachal
Pradesh Legislative Assembly by reason only of the fact that he holds any of
the following offices of profit under the Governmen t of India or the
Government of any State:-
(a) the office of the Deputy Minister or Minister o f State;
(b) any office held by a Minister, Minister of Stat e, or Deputy
Minister whether ex-officio or by name;
1[(b-a) the office of the Political Advisor to the Chief Minister;]
(c) the office of the Speaker or the Deputy Speaker of the
Himachal Pradesh Legislative Assembly or of Parliam ent or
of the Legislative Assembly of any other State;
(d) the office of the Chief Parliamentary Secretary or
Parliamentary Secretary;
(e) the office of the Chief Whip, Deputy Chief Whip or Whip in
any Legislative Assembly or in Parliament;
(f) the office of village revenue officer whether c alled a
lamberdar, malguzar, patel, deshmukh or by any othe r name,
whose duty is to collect land revenue and who is re munerated
by a share of or commission on, the amount of land revenue
collected by him, but who does not discharge any po lice
functions;
(g) any office in the National Cadet Corps, the Ter ritorial Army,
the Air Defence Reserve and the Auxiliary Air Force under
any law for the time being in force;
(h) the office of a member of a Home Guard constitu ted under
any law for the time being in force in any State;
(i) the office of Chairman or member of the Syndica te, Senate,
Executive Committee, Council or Court of a Universi ty or
any other body connected with a University;
(j) the office of the Vice-Chancellor of any Univer sity;
2[j-a) the office of the Chairman or Vice-Chairman of any statutory
or non-statutory body, where the power to make the
appointment or power to remove the person from the office is
vested in the State Government;]
(k) the office of a member of any delegation or mis sion sent
outside India by the Government of India or the Gov ernment
1. Clause (b-a) added vide H.P. Act No. 11 of 2005, effective from 24 th January,
2005.
2. Clause (j-a) added vide H.P. Act No.13 of 1996, this amendment shall be and shall
always be deemed to have been made with effect from 1 st day of July, 1994 vide
H.P. Act No. 15 of 1997.
4 THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY MEMBERS
(REMOVAL OF DISQUALIFICATIONS) ACT, 1971
of any State or sent outside the State of Himachal Pradesh by
the Government of the said State for any special purpose;
(l) 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 aut hority in
respect of any matter of public importance or for t he purpose
of making an inquiry into, or collecting statistics in respect of,
any such matter, if the holder of such office is no t entitled to
any remuneration other than compensatory allowance;
(m) the office of 1[XXXXXXX] director or member of any
statutory or non-statutory body other than any such body as is
referred to in clause (l) if the holder of such off ice is not
entitled to any remuneration other than compensator y
allowance;
(n) the office of any honorary medical officer or h onorary
assistant medical officer in a hospital under Gover nment
management;
(o) a person drawing his service pension, political pension or
grant, mansab, charitable grant or commutation sum of
compensation in respect of a jagir, inam or other grant;
(p) the office of an agent or other like office for the purpose of
effecting sales of or collecting subscription towar ds, National
Plan Certificates or any other savings certificates or
Government securities notified as such by the Centr al
Government for such commission as the Central Gover nment
may have fixed in that behalf or without such commission;
(q) the office of an examiner for any examination h eld by the
Central or State Government or by the Union Public Service
Commission or any State Public Service Commission;
(r) the office of Sarpanch or member of a Panchayat under any
law for the time being in force 2[;]
3[(s) notwithstanding anything contained in clauses (l) and (m) of
this section, the office of 4[the Chairman, Vice-Chairman or]
member of Commission for Scheduled Castes and Sched uled
Tribes appointed by the Government of India 5[or the office
of the Deputy Chairman of the Himachal Pradesh Stat e
Planning Board constituted by the State Government.]
4. Determination of question arising after the comm encement of
the Act .- Any question arising after the commencement of t his Act as to any
office being an office of profit under the Governme nt of India or the
1. The words and sign “chairman or vice-chairman,” deleted vide H.P. Act No. 13
of 1996 and this amendment shall be and shall alway s be deemed to have been
made with effect from 1 st day of July, 1994 vide H.P. Act No. 15 of 1997.
2. Substituted for the sign “.” vide H.P. Act No. 8 of 1979.
3. Clause (s) added vide H.P. Act No. 8 of 1979.
4. Inserted vide H.P. Act No. 7 of 1981.
5. Inserted vide H.P. Act No. 26 of 1979.
THE HIMACHA.L PRADESH LEGISLATIVE ASSEMBLY MEMBERS
(REMOVAL OF DISQUALIFICATIONS) ACT, 1971
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Government of any State shall be determined as if t he provisions of this Act
had been in force at all material dates.
5. Repeal and saving .- The Himachal Pradesh Legislative Assembly
Members (Removal of Disqualifications) Ordinance, 1971 (Himachal Pradesh
Ordinance No. 4 of 1971) is hereby repealed.
Notwithstanding such repeal, anything done or any action taken under
the aforesaid Ordinance shall be deemed to have been done or taken under this
Act as if this Act had commenced on the 25 th January, 1971.
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