LexThe Prevention Of Disqualification (Members Of The Legislative Assembly Of Meghalaya) Act No 3 1972
Meghalaya · state statute
Open in Lexace · Ask the AI about this act
MEGHALAYA ACT 3 OF 1972
The Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya)
Act, 1972
(As passed by the Assembly)
(Received the assent of the Governor on the 23rd April, 1972)
(Published in the Gazette of Meghalaya, Extraordinary, dated 24th April, 1972)
An
Act
to declare certain offices of profit not to disqualify their holders for being chosen as , and for
being, members of the Legislative Assembly of Meghalaya.
Be it enacted by the Legislature of Meghalaya in the Twenty -third Year of the Republic of
India as follows:-
Short title and
commencement
1. (1) This Act may be called the Prevention of Disqualification
(Members of the Legislative Assembly of Meghalaya) Act,
1972.
(2) It shall be deemed to have come into force on the 21st day
of January, 1972.
Removal of
disqualification in
certain cases
2. A person shall not be disqualified or shall not be deemed ever to
have been disqualified for being, a member of the Legislative
Assembly of Meghalaya by reason of the fact that he holds any of
the offices specified in the Schedule in so far as it is an off ice of
profit under the State Government.
Repeal of Meghalaya
State Ordinances and 5
or 1972
3. The Prevention of Disqualification (Members of the Legislative
Assembly of the State of Meghalaya) Ordinance, 1972 and the
Prevention of Disqualification (Members of the Legislative
Assembly of the State of Meghalaya) Ordinance, 1972 are hereby
repealed.
THE SCHEDULE
(See Section 2)
1. Any office held by a Minister, Minister of State, Deputy Minister or Parliamentary
Secretary for Meghalaya.
“11A. The office of the Leader of the Opposition
2.
.”
The office of the Minister of State or the Deputy Minister to the Government of
Meghalaya.
1 Inserted by Act No. 5 of 1983, Section 2(i)
3. The Office of the Parliamentary Secretary to the Government of Meghalaya.
4. The Office of the Government Pleader or Public Prosecutor 1“.” 2“which terms shall
include Additional Government Pleader, Government Advocate, Additional Public
Prosecutor, Assistant Government Pleader, Assistant Public Prosecutor and any other
Advocate or Pleader specially appointed by the Government to conduct State cases before
any Court or Tribunal
5.
.”
The Office of the part -time Professor, Lecturer, Instructor or Teacher in Government
Educational Institutions.
6. Medical practitioner rendering part-time service to Government.
7. The Office of the Chairman, Vice-Chairman, or member of any Committee, Board or
authority appointed by the Government of India or Government of any State specified in
the First Schedule to the Constitution of India.
Explanation. – 1 “Committee” means any Committee, Commission, Council or any
other body of one or more persons, whether statutory of not, set up by the Government of
India or the Government of any State.
Explanation. – 2 “Board or “Authority” means any corporation, company, society or
any other body of one or more persons whether incorporated or not, established, registered
or formed by or under any Central law or law of any State for the time being in force or
exercising powers and functions under any such law.
3“Explanation. – 3 For the removal of the doubt, the word “Chairman” or “Vice
Chairman” wherever appearing in this schedule includes and shall be deemed to have
always included a Co-Chairman or Deputy Chairman respectively.”;
4“7A . The office, whether whole time or not, of the Chairman, Vice -Chairman, Deputy
Chairman or Member of the State Planning Board 5“of the State Level Public Grievances
Committee” or any other 6
8.
“or Committee” Board constituted by the State Government of
Meghalaya.”
Any Office under the Government which is not a whole time office remunerated either
by salary or fees.
7“ _______________________________________________________________________” 9.
10. Any office held in the Territorial Army or National Cadet Corps.
1 Omitted by Act No 5 of 1983, Section 2 (ii) earlier the sentence ended with a full stop “.”.
2 Inserted by Act No 5 of 1983, Section 2 (ii)
3 Inserted by Act No 8 of 2006, Section 2 (a)
4 Inserted by Act No 13 of 1979, Section 2
5 Inserted by Act No 10 of 1985, Section 2(i)(a)
6 Inserted by Act No 10 of 1985, Section 2(i)(b)
7 Omitted by Act No 12 of 2015, Section 2
11. The Office of the Speaker or Deputy Speaker of the Legislative Assembly of the
Meghalaya.
12. The Office of the Chairman or Vice-Chairman of the Municipal Board.
13. Any Office in a Village Defense Party (by whatever name called) constituted by or under
the authority of the State Government.
14. The Office of Chairman or Member of the Committee of any Cooperative Society (which is
registered under any law for the time being in force relating to the registration of Co-
operative Societies) to which appointment is made by the State Government, or the office
of Liquidator or Joint Liquidator to which appointment is made by the Registrar of Co
operative Societies or the Office of nominee of the Registrar whether appointed
individually or to a board or nominees.
“115. The Office of Chief Whip, Deputy Chief Whip or Whip or Ruling or Opposition Party or
Groups
.
16. The office of a Chairman or Deputy Chairman of any Board or Committee , or any office,
which a member of the Meghalaya Legislative Assembly holding it enjoys the facilities,
privileges or status of a Minister or a Minister of State, as the case may be
“
.”
217. Chairman, Vice-Chairman, Deputy Chairman or Director of a Joint Sector company
.”
1Inserted by Act No 10 of 1985, Section 2(ii)
2Inserted by Act No 8 of 2006, Section 2(b)
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE PREVENTION OF DISQUALIFICATION (MEMBERS OF THE
LEGISLATIVE ASSEMBLY OF MEGHALAYA) ACT, 1972 (ACT 3 OF 1972 ), AMENDED AND
UPDATED WITH ACT 13 OF 1972,ACT 10 OF 1985,ACT 5 OF 1983,ACT 8 OF 2006 & ACT 12 OF 2005 .