The Legislative Assembly Removal of Disqualifications Act, 1951

 
 
 
 
ACT XV of 1951 
THE LEGISLATIVE ASSEMBLY (REMOV AL OF  
DISQUALIFICATIONS) ACT, 1951 
 
 Preamble.- Whereas, pursuant to sub -clause (a) of clause (1) of Article 191 of the 
Constitution of India read with Article 238 thereof,  it is expedient to declare cert ain offices as 
offices which will not disqualify the holders thereof for being chosen as, and for being, members 
of the  Legislative Assembly of the State of Kerala 
 It is hereby enacted as follows:- 
 1. Short title and commencement. - (1) This Act may be c alled the Legislative Assembly 
Removal of Disqualifications Act, 1951. 
 (2) It shall come into force at once. 
 2.  Removal of certain disqualifications for membership .- (1) A person shall not be 
disqualified for being chosen as, and for being a member of the Legislative Assembly of the State 
of Kerala by reason only,- 
 (i)  that he is in receipt of the salaries for allowances to which he is entitled under the law 
for the time being in force relating to the payment of salaries and allowances to members of th e 
Legislative Assembly of the State of Kerala or of traveling and daily allowances while serving as 
a member of any Committee or Board constituted by the Government of India or the Government 
of any State specified in the First Schedule to the Constitution of India, or 
 (ii)  that he holds under the Government of India or the Government of any State 
specified in the First Schedule to the Constitution of India an office which is not remunerated 
either by salary or by fees payable out of the Consolidated Fund of India or of any such State, or 
 (iii)  that he is a member of the Committee constituted to translate the Constitution of 
India into Malayalam, or 
 (iv)  that he holds an office in any educational institution other than a Government 
institution.  
 (v)  that he holds an office in the National Cadet Corps raised and maintained under the 
National Cadet Corps Act, 1948 (Central Act XXXI of 1948), or in the Territorial Army raised 
and maintained under the Territorial Army Act, 1948 (Central Act LVI of 1948.) 
 (vi) that he is a member of the Air Defence Reserve or the Auxiliary Air Force raised 
under the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952). 
 (vii) that he holds the office of Chairman or member of the Kerala State Law 
Commission;  or 
 (viii) that he is the Chairman or the Vice -Chairman or a member of the State Planning 
Board   constituted   by    the     Government    or    a     member   of   the   Backward      Classes    
 
 
Reservation Commission constituted by the Government. 
 (2) No person  shall be disqualified or deemed ever to have been disqualified for being 
chosen as, and for being, a member of the Legislative Assembly of the State of Kerala by reason 
only- 
 (i)  that he holds or has held the office of the Chairman of a Government Company. 
 Explanation.- For the purposes of this clause, “ Government Company” means a company 
in which not less than fifty-one per cent of the paid up share capital is held by the Government of 
Kerala or jointly by the Central Government and the Government of Kerala and includes a 
company which is a subsidiary of any such company;  or 
 (ii) that he holds or has held the office of the Chairman or Vice -Chairman of a 
Corporation established or constituted by or under any Central or State Act and owned or 
controlled by the Government of Kerala. 
 (3)   No person shall be disqualified or deemed ever to have been disqualified for being 
chosen as, and for being, a member of the Legislative Assembly of the State of Kerala by reason 
only that he holds or has held the offi ce of the Chairman of the Administrative Reforms 
Commission. 
 Explanation.- For the purposes of this clause, “ Administrative Reforms Commission ” 
means a body of experts constituted by the State Government from time to time, to study 
different aspects of administration and recommend measures for its improvement. 
 3. Removal of Certain other disqualifications for membership. - A person shall not be 
deemed to be or to have been disqualified for being a member of the Legislative Assembly of the 
State of Kerala} by reason only that such person had prior to the commencement of this Act held 
under the State Government an office which was not a whole time office or that he had held an 
office in any educational institution other than a Government institution. 
 
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