The Odisha Offices of Profit (Removal of Disqualifications) Act, 1961

 
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The Orissa Offices of Profit (Removal of Disqualifications) Act, 1961 
 
Act 26 of 1961 
 
 
 
 
 
 
 
 
Keyword(s): 
Compensatory Allowance, Non-Statutory Body, Statutory Body 
 
 
ORISSA ACT 26 OF 1961 
'[THE ORILCSA OPIFXCES OF PROFIT (REMOVAL 
OF DISQUALIFICATIONS ) ACT, 19611 
[ Received the assent of tlze Governor on the 2jst 
December 196 1, flrsr Published in an extraordi- 
nury issue oj the Orissa Gazette, dared 
the 29th Deaetnber 19611 
AN ACT TO DECLARE CERTAIN OFFICES OF PROFIT 
UNDER THE GOVERNMENT OF INDIA OR GOVERN- 
MENT OF ANY STATE NOT TO DISQUALIFY THEIR 
HOLDERS FOR BEING CHOSEN AS OR FOR 
BEING MEMBERS OF TKE ORISSA LEGIS- 
LATIVE ASSEMBLY 
BE it enacted by the Legislature of the State of Orissa 
in the Twelfth Year of the Republic of Iridia as 
follows :- 
1. (I) This Act may be called the Orissa Officesshort ti* 
of Profit (Removal of Disqualifications) Act, 1961. andextent- 
(2) It extends to the whole of the State of Orissa. 
2. In this Act, unless the context othenyise , . -hitiom 
requires,- 
(a) "compensatory dllowance" means any sum 
@f money payable to the holder of an 
office by way of daily allowance [such 
allowance not exceeding (i) ill the case of 
Committees Set up by or bodies under the 
Central Government, the amount of daily 
allowance to which a member of Parlia- 
ment is entitled under the Salaries and 
Allowances of Members of Parliament 
Act, 1954, and (ii) in the case of Committee 
set up by or bodies under the State Govern- 
ment, the amount of daily allowance to 
which a member of the Orissa Legislative 
Assembly is entitled under the Orissa 
hgislative Assembly Members' Salaries 
1. For the Statement of Objects an4 Reasons. see Orirra Gazerte, 
mtraordinarv. dated the 4th Octobcr 196 1 (No. 681). 
406 THE ORISA OFFICES OF PROFIT (REMOVAL OF [Or. Act 26 
and Allowances Act, 19541, any convey- ~~~~~ 
ance allowance, house-rent allowance or 
travelling al1o:vance for the purpose of 
enabling him to recoup any expenditure 
incurred by him in performing the fm~' 
tions of that ofice ; 
(6) "non-statutory body" means any body 
of pcrsons other than a statutory body ; 
(c) '3tatutory body" means any corporation, 
committee, commissron, council, board or 
other body of persons, whether incorpo- 
rated or not, established by or under 
any law for -the time beirig in force. 
artaim 3. It is hereby declared that none of the following 
;g$p;offias in so far as it is an oE,ce of profit under the 
pwbru. Government of India or the Government of -any 
State, shall disqualify the holder thereof for being 
chosen as, or .for being a member of the Orissa Legis- 
lative Assembly, namely :- 
(a) any office held by a Minister '[,Minister 
of State] or Deputy Minister for the Union 
or for any State, whether ex oficio or 
by name ; 
(6) the office of the Speaker or the Deputy 
Speaker of the Orissa Legislative Assembly 
or: of Parliament and Legislative Assembly 
of any other State ; 
(c) the qfice of the Chief Whip, Deputy Chief 
Whip or Whip in any Legislative Assembly 
or in Parliament or the Office of a 
ParIiarnentary Secretary; . ; 
(d) the office of a member of any fk@ raised 
or maintained under the Natio-nal Cadet 
Corps Act, 1948, the Territorial Army 31 or 1948 
Act, 1948, or the Reserve and Auxiliary zi z! \g; 
Air Forces Act, 1952 ; 
(e) the office of a member of a. Home Guard 
constituted under any ' law for the time . 
&ing in force in any State ; 
-I a- I 
1. Inserted by the Or- Offices of Profit (Removal bf Dispudifica- 
tions ) ( Amendment Act, 1974 C Or. Act 3 of 1974 1. s. 2. 
(f) the office of Chairman or member of the 
Syndicate, Senate, executive committee, 
coyncil or court of a University or any 
other body connected with a University ; 
(g) the office of a member of any delegation or 
mission sent outside India by the Govern- 
ment of India or of any State or sent 
outside-the State of Orissa by the Govem- 
ment of the said State for any special 
purpose ; 
(h) 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 Govern- 
ment or any other authority in respect 
of any matter of public importance or for 
the purpose of making an inquiry into, 
or collecting statistics in respect of, any 
such matter, if the holder of such office, 
is not entitled to any remuneration other 
than compensatory allowance ; 
, (i) the ofice of Chairman, Director or member 
of any statutory or non-statutory body 
other than any such body as is referred 
to in clause (A), if the holder of such office 
is not entitled to any remuneration other 
than ccrnpensatory allowance- but exclu- 
ding (i) the office of Chairman of any 
statutory or non-statutory body specxed 
in Part I of the Schedule, ,and (ii) the 
office of Chairman or Secretary of any 
statutory or non-statutory body specified 
in Part 11 of the Schedule ; I 
the office of village revenue officer, whether 
caUed a lambarder, . Gauntia, Karjee, 
Karanam, Sarvarakar or by any other name, 
whose duty is to collect land revenue 
I, and who is remunerated by a share of, 
: or commission on, the amount of land 
revenue co1lec:ed by him, but does mt 
discharge any police functions. 
(Sew. #-a 
TC~~OV~Y 4. If a person being a member of the Orissa 
suspension jsguali- Legislative Assembly who immediately before the 
scation in commencement of this Act held an office of profit 
certain cases. declared by any law xepealed by this Act not to dis- 
qualify the holder thereof for being such member, 
becomes so disqualified by reason of any of the provi- 
sions contained iu this Act, such office shall not, 
if held by such person for any period not extending 
beyond a period of six months from the commence- 
ment of this Act, disqualify him for being a member 
of the Orissa Legislative Assembly. 
Repeal 5. The Orissa Offices of Profit (Removal of 
Disqualifications) Act, 1 95 1 and any provision in oriua~ct3s of 1951. 
any other enactment whlch is inconsistent with this 
Act are hereby repealed. 
DISQUALIFICAT~ONS) ACT, 1961 
SCHEDULE 
1 See section 3 (i)] 
PART I 
BODIES UNDER THE CZNTRAL GOVERNMENT 
Air-India International Corporation established under section 3 of the Air Corpora. 
tlons Act, 1953 (27 of 1953). 
Air Transport Council constituted under section 30 of the Air Corporations Act, 
1953 (27 of 1953). 
Board of Directors of the Expert Risks Tnsuraace Corporation (Private ) Limited 
Board of Directors of the Heavy Electricals (Private) Limited 
Board of Directors of thc Hindustan Cables (Private) Limited 
Board of Directors of the Hindustan Insecticides (Private) Limited 
Board of Directors of the Hindustan Machine Tools (Private ) Limited 
Board of Directors of the Windustan Shipyard Limited 
Board of Directors of the Nangal Fertilisers and ChcmicaIs (Private) Limited 
Board of Directors of the National Cod Development Corporation (Private) Limited 
Board of Directors of tde National Development Corporation (Pfivate) Limittd 
Board of Directors of National Instruments (Private) Limited 
Board of Directors of the National Small Industries Corporation (Private) Ljmittd 
Board of Directors of the Ncyveli Liguite Corporation (Private) Limited 
Board of Directors of the Sindri Fertilisers and Chemicals '(Private) Limited 
Board of Directors of the State Trading Corporation of~hdia private) Mted 
Central Warehousing Corporation established under section 17 of the Agricfmal 
Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956). 
Coal Board established under section 4 of the Coal Mines (Conservation and Safety) 
Act, 1952 (12 of 1952). 
Cod Mines Labour Housing Board constituted under section 6 of the Ceal Mines 
Labour Welfare Fund Act, 1947 (32 of 1947). 
Commissioners for the Port of Calcutta 
Caynittee for the allotment of land in the township of Gandhidam 
Company Law Advisory Commission constituted under section 410 of the -cr 
Act, 1956 (1 of 1956). '; 
Cotton ~extiies Fund Committee cunnihltcd under the Textile Funds -.a, 
1944 (34 of 1944). 
410 ' THE ORISSA OFFICES OF PROLIT (RBMOVAL OF , [Or. Act 26 
(Sch .-con fd-) 
Dock Labour Board, .Bombay, established under the Bombay Dock Workers-(Regu- 
lation of Employment) Scheme, 1956 made under the Dock. Workers (Regulation of 
Employment) Act, 1948 (9 of 1948). 
Dock Labour Board, Calcutta, established under the Calcutta Dock Workers (Regu- 
. lation of EmpIoyment) Scheme, '1956 made under the Dock Workers (ReguIation of 
Employment) Act, 1948 (9 of 1948). 
Dock Zabolr Board, Madras, established under the Madras Dock Workers (Regu- 
lation of Employment) Scheme, 1956 made under the Dock Workers (Regulation of 
Employment) Act, 1948 (9 of 1948). 
Forward Markets Commission established under section 3 of the Forward Contracts 
(Regulation) Act, 1952 (74 of 1952). 
Indian Air Lines Corporation established under section 3 of'the Air Corporations 
Act, 1953 (27 of 1953). 
Inddstrial Finance ~orporation of India established under section 3- of the Indus- 
trial Finance Corporaiion Act, 1948215 of 1948). 
Licensing Committee constituted under r uIe 10 of the ~egistra lion and Licensi~g 
of Industrial Undertakings Rules, ,1952, made under the Tndust,ries (Development and 
Regulation)' Act, 1951 (65 of 1951). . . 
Mining Boards constituted under section 12 of the Mines Act, 1952 (35 of 1952). 
National Co-operative Development an d Warehousing Board established unde~ 
section 3 of the AgricaIturaI Produce (Development and Warehousing) Corporations 
Ad, ,1956 (28 of 1956). 
Rehabilitation Finance Administratibn constituted under section 3 of the Rehabili- 
tation Finance Administration Act, 1948 (12 of 1948). 
Tariff Commission established under section 3 of the Tariff Commission Act, 1951 
(50 of 1951). 
Trustees of the 'Port of Bombay. 
Trustees of the Port of Madras. 
Trustees of Commissioners of any major Port as defined in the Indian Ports Act, . 
I908 (15 of 1908) other than the Port of Calcutta, Bombay .or Madras. 
Appeal Committee under the Board of .Secondary Education. 
Orissa Board of Communications and Transport. 
Regional Transport Authority constituted under section 44 of the Motor Vehiclas 
Act, 1939 (4 of 1939). . 
State Tr~sport Authority constituted under section 44 of the Motor Vehicles Act, 
1939 , (4 of 1939): . , 
Dgard of Directors of the Orissa Mining Corporation Limited. 
-Board of ~kectors of the 0dssa State Warehousing Corporation. 
PART II 
~dvisor~ Committee for the Air-India Tnternational Corporation appninted under 
section 41 of the Air Corporations Act, 1953 (27 of 1953). 
Advisory Committee for the Indian Air Lines Corporation appointd under section 
41 of the Air Corporations Act, 1953 (27 of 1953). 
Central Silk Board mnstituted under section 4 of the CentraI Silk Board Act, 1948 
(61 of 1948). 
coffee ' Board constituted under seclion 4 of the Coffee Act, I942 (7 of 1 942). 
Coir Board constituted under section 4 of the Coir Tndustry Act, 1953 (45 of 1953). 
~e~eIopment Cobncil for Acids and Fertilisers established under section 6 of the 
lndustrics (Development and Rcgulat ion) Act, 19 51 (65 of 1951). 
DeveIopment Council for Alkalis and Allied Tndustsics ,established under sectioc 
6 of the Xndwtries ,(Develop'ment and Regulation) . 
, 
Act, 1951 (65 of 1951). 
Development Council for Bicycles established under section 6 of the Iaduatri8l 
(I3wetopment and Regulation) Act, 1951 (65 of 1951). 
Development Council for Drugs, Dyes and Intermediates establishd. ~rnder section 
6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). 
Development Council for Food Processing Industries established under section 6 
of the Industries (Development and Regulstiqn) Act, 1951 (65 of 1951). 
Oevelopment Council for Heavy Electrical Engineering Industries established llder 
, section 6 of the Industries @evelopment and Regular ion) Act, 1951 (65 of 1951). 
t' 
evdoprnent Council for Internal Combustion Engines and Power Driven Pumps 
esta lished under section 6 of the-Industries ~evelopment and. Regulation) Act, 1951 
- (65 of 1951). 
Development Council for Light Electrical Enginering Tndustries established under 
section 6 of the Industries @evelopmerit- and Regulation) Act, 1951 (65 or 1951). 
Development Council for Machirtc Tools established under section 6 of the Industries 
(Development and Regulation) Act, 1951. (65 of 1951). 
.. 
Development CounciI for Non-ferrous Metals including alloys dtabtished under 
Section 6 of the Tndlrstries (Development and Rehlation) Act, 1951 (65 of 1951). 
Development Council for oil-based arid PIastic Industries established under section 
6 of the Tndrrstries (Develqpment and Regulation) Act, 1951 (65 of 1951). 
/ 
DeveIopment Cou9ciI for Sugar Industry established under section 6 of the ~~d~~. 
tries (Oevzlopment and Regulation) Act, 1951 (65 of 1951). 
412 THE ORISSA OFFICES OF PROFIT (KFMOVAE OF [ Or. ~ct 26 DISQUALIFICATIONS) ACT, 1 96 1 of 19611 
ISch .-colt fd.) 
Development Council for Textiles made of artificial silk including artificial silk yarn 
m&blisbed under section 6 of the Industries (Development and Regulation) Act, 1951 
(65 of 1951). 
Development Council for Textiles made of wooI, including woollen yarn hosiery, 
mrpets and druggets established under section 6 of the Industries (Development and 
Regulation) Act, 1951 (65 of 1951). 
nurgah Committee, Ajmer, constituted under section 4 of the Durgah Khawaja 
.Saheb Act, 1955 (36 of 1955). 
Indian Central Arecanut Committee. 
fndian Central Coconut Committee constituted under section 4 of the Indian Coco- 
nut Committee Act, 1944 (10 of 1944). 
Indian Central Cotton Committee constituted under section 4 of the Indian Cotton 
Cess Act, 1923 (14 of 1923). 
Indian Central Jute Committee. 
Indian Central OiI-seeds Committee constituted under section 4 of the Indian Oil- 
ads Committee Act, 1946 (9 of 1946). 
Indian Central Sugarcane Committee. 
'Indian Central Tobam Committcc. 
mian Lac Cess Committee constituted under section 4 of the Indian hc Ceas ~ct, 
1-930 (24 of 1930). 
Rubber Board constituted undet section 4 of the Rubber Act, 1947 (24 of 1943. 
Tea Board constituted under section 4 of the Tea Act, 1953 (29 of 1953). 
Board of Wakfs constituted bnder the Mush Wakfs Act, 1954 (29 of 1954). 
Board of Secondary Education constituted under the Orissa Secondary ~du~aiion 
Act, 1952 (Orissa Act 10 of 1953). 
Regulated Market Committee. 

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