LexThe KARNATAKA LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 1956.
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THE KARNATAKA LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 1956.
ARRANGEMENT OF SECTIONS.
Sections :
1. Short Title.
2. Definitions.
3. Removal of certain disqualifications.
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 4 of 1957.- Consequent on the taking over of life insurance business by the Government of
India, any member of the State Legislature holding an office of profit in any of the Insurance
Companies whose life in surance business has been taken over, will incur disqualifications from
membership of the State Legislature. The disqualification in respect of members of Parliament holding
similar offices of profit has been removed by section 15 of the Insurance (Emergency Provisions) Act,
1956 (Central Act 9 of 1956), and the Government of India have drawn attention of the State
Government to this provision and have suggested consideration of enactment of similar law to cover
cases of members of the State legislature. It is considered necessary to enact a similar law in the
State. Hence the Bill.
(Published in the Mysore Gazette (Extraordinary) dated 18-9-1956 at page 2
II
Amending Act 35 of 1962. - At present the Home Guards Organisation is in existence only in
the Bomb ay-Karnataka Districts of the State. In view of the present emergency it is considered
necessary to have a voluntary body of person throughout the State to discharge duties in relation to
the protection of persons, the security of property and preservation of public order in emergency.
Hence, it is proposed to organise Home Guards in the entire State. In order to effectively control and
administer the Organisation it is necessary to have a uniform law. In view of the urgency and as the
Legislature was not i n session, the Mysore Home Guard Ordinance, 1962, was issued. The present
Bill is intended to replace the said Ordinance.
Except for the two clauses relating to repeal and saving, and the addition of a provision for
laying rules made under the Act before the Houses of Legislature, in other respects the provisions of
the Bill are identical with the provisions of the Ordinance
(Published in the Mysore Gazette (Extraordinary) Part IV-2A as No. 238 dated 1-12-1962
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III
Amending Act 34 of 1964. — The Village Defence Parties exist in the four districts of the
Bombay Area. These parties are voluntary organisations of able bodied villagers meant for the
defence of villages against depredations of dacoits and other types of criminals. These parties are
constituted under the Bombay Police Act, 1951.
2. In the present national emergency when the Police are engaged in important duties, it is
considered necessary to organise village defence parties throughout the State for the defence of the
villages, protection of persons and property, and preservation of public order and transquillity. The
Mysore Home Guards Act, 1962 provides for constitution of Home Guards. Home Guards are
normally appointed for the urban areas. The village defence parties are meant for the villa ges. The
constitute Village Defence Parties throughout the State a uniform law is proposed to be enacted.
Hence the Bill.
(Obtained from L.A. Bill No. 11087 dated 23-1-1964)
IV
Amending Act 22 of 1989. —It is considered necessary to amend the Karnataka Legislature
(Prevention of Disqualification) Act, 1956 to declare that the offices of the Adhyaksha and
Upadhyaksha of the Zilla Parishads constituted under the Karnataka Zilla Parishads, Taluk Panchayat
Samithis, Mandal Panchayats and Nyaya Panchayat Act, 1983 (Karnataka Act 20 of 1985) shall not
disqualify and shall be deemed never to have disqualified a person for being chosen as or for being a
member of the Karnataka Legislative Assembly or the Karnataka Legislative Council.
Ordinance No. 2 of 1989 was promulgated for the above purpose.
This Bill is intended to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, Dated 23rd March 1989 as No.
159 at page. 3)
V
Amending Act 20 of 1991. - The Pradhana and Upapradhana of Mandal Panchayats are
entitled to receive monthly salaries of Rs. 300 and Rs. 150 respectively.
Under sub-clause (a) of clause (1) of Article 191 of the Constitution of India, Persons holding
offices of profit under the State are disqualified from being chosen as or continuing as members of the
State Legislature, unless the State Legislature declares by law , that the offices shall not disqualify
them.
The Karnataka Legislature (Prevention of Disqualification) Act, 1956 was amended earlier to
remove the disqualification arising from the holding of the office of the Adhyaksha or Upadhyaksha of
the Zilla Parishads. However, the offices of the Pradhana and Upapradhana were not covered by the
said amendment.
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It is now proposed to amend the aforesaid Act to include the offices of the Pradhana and
Upapradhana and to provide thereby that the holding of such offices will not amount to disqualification
for being chosen or continuing as a member of the State Legislature.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, Dated 7th March 1991 as No.
91 at page. 177.)
VI
Amending Act 22 of 2000.- Note: By this Act certain spent and obsolete laws were repealed.
While doing so certain minor amendments are made to this and some other Acts.
VII
Amending Act 17 of 2006. - The Karnataka Legislature (Prevention of Disqualification) Act,
1956 (Karnataka Act No. 4 o f 1957) was enacted to exempt certain offices, holding of which will
otherwise subject the holder of such office to disqualification. The consequence of disqualification of
members of legislature on the ground of their holding an office of profit results in unnecessary
expenditure and unforeseen financial burden upon the State exchequer. In view of the recent
developments in this regard, it has become necessary to reconsider the issue regarding
disqualification of members of the legislature on the ground of holding an office of profit. The
Government of India has reconsidered the issue regarding the consequences of the member of the
parliament holding office of profit and passed the Parliament (Prevention of Disqualification)
(Amendment) Bill, 2006 (Bill No. 44 of 2006). In view of the same, it is proposed to amend the
Karnataka Legislature (Prevention of Disqualification) Act, 1956 on the similer lines.
The proposed amendment will not only assist the government in avoiding unforeseen
expenditures but a lso will help in having the rich experience of the peoples' representatives in
managing the affairs of different boards and corporations.
Hence the Bill.
[L.A. Bill No. 13 of 2006]
VIII
Amending Act 07 of 2019 .- It is considered necessary to amend the K arnataka Legislature
(Prevention of Disqualification) Act, 1956 to make provisions to exempt the post of Political Secretary
to the Chief Minister from incurring disqualification for being a Member of the Karnataka Legislative
Assembly or the Member of the Karnataka Legislative Council when he is appointed as Political
Secretary.
[L.A. Bill No. 16 of 2018, File No. Samvyashae 23 Shasana 2018]
[sub-clause (a) of clause (1) of Article 191 of the Constitution of India.]
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IX
Amending Act 26 of 2023. - It is considered necessary further to amend the Karnataka
Legislature (Prevention Of Disqualification) Act, 1956 (Karnataka Act 4 of 1957) to make provisions to
exempt the office of Legal Advisor to the Chief Minister and Office of the Special Representative of
Karnataka State at New Delhi from incurring disqualification for being a Member of the Karnataka
Legislative Assembly or the Member of the Karnataka Legislative Council on such appointment.
Hence, the Bill
[L.A. Bill No. 01 of 2023, File No. SAMVYASHAE 14 SHASANA 2023]
[sub-clause (a) of clause (1) of Article 191 to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.342 in part-IVA dated:27.07.2023]
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Amendment Act 11 of 2025: - It is considered necessary further to amend t he
Karnataka Legislature (Prevention of Disqualification) Act, 1956 to make provisions to
exempt the Office of the Political Secretary -I and II to the Chief Minister, Office of the
Financial Advisor to the Chief Minister, Office of Advisor (Policy and Plan ning) to the Chief
Minister and Deputy Chairman to Karnataka State Policy and Planning Commission from
incurring disqualification for being a Member of the Karnataka Legislative Assembly or the
Member of the Karnataka Legislative Council on such appointment.
Hence, the Bill
[L.A. Bill No. 27 of 2024, File No. SAMVYASHAE 32 SHASANA 2024]
[sub-clause (a) of clause (1) of Article 191 of the Constitution of India]
[Published in Karnataka Gazette Extra-ordinary No.45 in part-IVA dated: 21.01.2025]
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1[KARNATAKA]1 ACT No. 4 OF 1957.
(First published in the 1[Karnataka Gazette]1 on the Twenty-fourth Day of January, 1957.)
THE 1[KARNATAKA LEGISLATURE]1 (PREVENTION OF DISQUALIFICATION) ACT,
1956.
(Received the assent of the Governor on the Fifteenth day of January, 1957.)
(As amended by Act, 35 of 1962, 34 of 1964, 72 of 1976, 22 of 1989,
20 of 1991, 22 of 2000, 17 of 2006,07 of 2019, 26 of 2023 and 11 of 2025)
An Act to declare certain offices of profit not to disqualify their holders for being chosen
as, or for being members of the 1[Karnataka Legislative Assembly] 1 and the 1[Karnataka
Legislative Council]1.
WHEREAS it is expedient to declare that certain 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 the 1[Karnataka Legislative Assembly] 1 and the
1[Karnataka Legislative Council]1;
BE it enacted by the 1[Karnataka State] 1 Legislature in the Seventh Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
1. Short title. - This Act may be called the 1[Karnataka Legislature] 1 (Prevention of
Disqualification) Act, 1956.
2. Definitions.- In this Act, unless the context otherwise requires,—
(a) “Committee” means any Committee, Commission, Council, Board or any other body
of one or more persons whether statutory or not, set up by the Government of India or the
Government of any State;
(b) “Compensatory allowance” means such sum of money as the Central Government,
or the Government of any State, as the case may be, may determine as being payable to the
Chairman or any other member of a Committee by way of travelling allowance, daily
allowance, sitting fee, conveyance allowa nce 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 function as a member of a
Committee.
(c) “Statutory body” means any corporation, board, company, society or any other
body of one or more persons, whether incorporated or not, established, registered or formed
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by or under any Central Law or the law of any State for the time being in force or exercising
powers and functions under any such law.
3. Removal of certain disqualifications. - It is hereby declared that the following
offices shall not disqualify and shall be deemed never to have disqualified, the holders
thereof for being chosen as, or for being members of th e 1[Karnataka Legislative Assembly]1
or the 1[Karnataka Legislative Council]1:
2[(a) the offices of the Chairman, the Speaker, the Deputy Chairman, the Deputy
Speaker, the Minister of State, the Deputy Minister, the Parliamentary Secretary, the
leaders of the Opposition or the Government Chief Whip in the Legislative Assembly or in
the Legislative Council.]2
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1971.
2. Deemed to have been substituted by Act 17 of 2006 w.e.f. 24.1.1957
(b) the offices held in the National Cadet Corps raised and maintained under the
National Cadet Corps Act, 1948 (Central Act XXXI of 1948), in the Territorial Army raised
and maintained under the Territorial Army Act, 1948 (Central Act LVI of 1948), and in the
Auxiliary Air Forces Act, 1952 (Central Act LXII of 1952);
1[(bb) the office of a member of the Home Guards constituted under the 1[Karnataka]1
Home Guards Act, 1962;]1
1. Inserted by Act 35 of 1962 w.e.f. 27.12.1962.
1[(bbb) (xxx)]1
1. Omited by Act 17 of 2006 w.e.f. 4.11.2006.
1[(c) (xxx)]1
1. Omited by Act 17 of 2006 w.e.f. 4.11.2006.
1[(c1) the offices of the President and the Vice -President of a Municipal Council under
the Karnataka Municipalities Act, 1964.
(c2) the Mayor or the Deputy Mayor of a Municipal Corporation constituted under the
Karnataka Municipal Corporations Act, 1976.
(c3) the offices of Adhyaksha and Upadhyaksha of the Zilla Panchayats, Taluk
Panchayats and Grama Panchayats constituted under the Karnataka Panchayat Raj Act,
1993.]1
1. Substituted by Act 17 of 2006 w.e.f. 4.11.2006
1[(d) the offices of the Chairman, Vice -Chairman, President, Vice-President, Director,
of the Governing body or a Member by whatever name any of the aforesaid office is called,
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of any Committ ee (by whatever name called) or of any Society registered under any other
law relating to registration of societies.]1
1. Deemed to have been substituted by Act 17 of 2006 w.e.f. 24.1.1957
2[1[(e) Office of the Political Secretary-I to the Chief Minister;
(e1) Office of the Political Secretary-II to the Chief Minister.]1] 2
1. Inserted by Act 07 of 2019 w.e.f. 08.02.2019
2. Deemed to have been Substituted by Act 11 of 2025 w.e.f. 01.06.2023.
1[(f) Office of the Legal Advisor to the Chief Minister;
(g) Office of the Special Representative of Karnataka State at New Delhi]1
1. Deemed to have been Inserted by Act 26 of 2023 w.e.f. 20.05.2023.
1[(h) Office of the Financial Advisor to the Chief Minister;
(i) Office of Advisor (Policy and Planning) to the Chief Minister; and
(j) Office of the Deputy Chairman to the Karnataka State Policy and Planning
Commission.]1
1. Deemed to have been Inserted by Act 11 of 2025 w.e.f. 29.01.2023.
* * * *
NOTIFICATION
Bangalore dated 16/18th October 1965 [No. HD 354 PEG 65]
S. O. 3354. —In exercise of the powers conferred by sub -section (3) of Section 1 of the
Karnataka Village Defence Parties Act, 1964 (Karnataka Act 34 of 1964), the Government of
Karnataka hereby specified the 1st day of November 1965 as the date on which the said Act
shall come into force in the whole of the State of Karnataka.
By Order and in the name of the Governor of Mysore
M.S. Shankar Rao
Secretary Home Department.
(Published in the Karnataka Gazette Part IV-2C (ii) dated 28-10-1965 at page 3160.)
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KARNATAKA ACT NO. 07 OF 2019
(First Published in the Karnataka Gazette Extra-ordinary on the 8th day of February, 2019)
THE KARNATAKA LEGISLATURE (PREVENTION OF DISQUALIFICATION)
(AMENDMENT) ACT, 2018
(Received the assent of the Governor on the 7th day of February, 2019)
An Act further to amend the Karnataka Legislature (Prevention of Disqualification) Act,
1956.
Whereas it is expedient further to amend the Karnataka Legislature (Prevention of
Disqualification) Act, 1956 (Karnataka Act 04 of 1957) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the sixty -ninth year of the Republic
of India, as follows:-
1. Short title and commencement. - (1) This Act may be c alled the Karnataka
Legislature (Prevention of Disqualification) (Amendment) Act, 2018.
(2) It shall come into force at once.
Section 3 is incorporated in the Principal Act.
KARNATAKA ACT NO. 26 OF 2023
(First Published in the Karnataka Gazette Extra-ordinary on the 27th day of July, 2023)
THE KARNATAKA LEGISLATURE (PREVENTION OF DISQUALIFICATION)
(AMENDMENT) ACT, 2023
(Received the assent of the Governor on the 27th day of July, 2023)
An Act further to amend the Karnataka Legislature (Preventio n of Disqualification) Act,
1956.
Whereas it is expedient further to amend the Karnataka Legislature (Prevention of
Disqualification) Act, 1956 (Karnataka Act 4 of 1957) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legisla ture in the Seventy Fourth year of the
Republic of India, as follows:-
1. Short title and commencement. - (1) This Act may be called the Karnataka
Legislature (Prevention Of Disqualification) (Amendment) Act, 2023.
(2) It shall come into force at once.
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2. Amendment of section 3. - In the Karnataka Legislature (Prevention Of
Disqualification) Act, 1956 (Karnataka Act 4 of 1957), in section 3, after clause (e) the
following shall deemed to have been inserted with effect from 20.05.2023, namely:-
“(f) Office of the Legal Advisor to the Chief Minister;
(g) Office of the Special Representative of Karnataka State at New Delhi”.
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs And Legislation.
KARNATAKA ACT NO.11 OF 2025
(First Published in the Karnataka Gazette Extra-ordinary on the 21st day of January,
2025)
THE KARNATAKA LEGISLATURE (PREVENTION OF DISQUALIFICATION)
(SECOND AMENDMENT) ACT, 2024
(Received the assent of the Governor on the 21st day of January, 2025)
An Act further to amend the Karnataka Legislature (Prevention of
Disqualification) Act, 1956.
Whereas it is expedient further to amend the Karnataka Legislature
(Prevention of Disqualification) Act, 1956 (Karnataka Act 4 of 1957) for the
purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy fifth
year of the Republic of India, as follows:-
1. Short title and commencement. - (1) This Act may be called the
Karnataka Legislature (Prevention of Disqualification ) (Second Amendment)
Act, 2024.
(2) The provisions of clause (i) and (ii) of section 2 shall be deemed to
have come into force with effect from 01.06.2023 and 29.12.2023
respectively.
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2. Amendment of section 3 .- In the Karnataka Legislature
(Prevention of Disqualification) Act, 1956 (Karnataka Act 4 of 1957), in
section 3,-
(i) for clause (e), the following shall be substituted, namely:-
“(e) Office of the Political Secretary-I to the Chief Minister;
(e1) Office of the Political Secretary-II to the Chief Minister.”
(ii) after clause (g), the following shall be inserted , namely:-
“(h) Office of the Financial Advisor to the Chief Minister;
(i) Office of Advisor (Policy and Planning) to the Chief
Minister; and
(j) Office of the Deputy Chairman to the Karnataka State
Policy and Planning Commission”.
By Order and in the name of
the Governor of Karnataka,
G. Sridhar
Secretary to Government
Department of Parliamentary
Affairs and Legislation