The Punjab State Legislature (Prevention of Disqualification) Act, 1952

CHAPER.:X
. 26. 'The Punjab State Legislature
(Prevention of Disqualifications) Act, 1952
(Punjab Act No.7 of 1952)'" .
An Act to declare certain offices of profit not to disqualify their
holders for being chosen as, or for being, members of the State Legislature.
Statement of Objects and Reasons> "Article 191(1 )(a). of the
Constitution of India provides that a person shall be disqualified for being
chosen as, and for being a Member of the House of Legislature of a
State if he holds any office of profit under the Government of India or
Government of any State specified in the First Schedule to the Constitution,
otherwise than an office declared by the Legislature of the State by law
not to disqualify its holder.
This Bill accordingly seeks to save from disqualification Members
of the first Legislature of the State following the first general elections
under the Constitution of India who held an office under the State
Government which was not a whole-time office and to which no regular
salary was attached. For the future, the Legislation will secure that the
electorate will not be debarred from choosing as Members of the State
Legislature, persons who, though they hold certain offices which might
be called offices of profit under the State Government, are not whole
time Government servants. It is also intended to save from disqualification.
persons who might be appointed to legislative offices such as Pari iamentary
Secretaries' etc," (vide Punjab Government Gazette Extraordinary, dated
the 1Oth July, 1952, pages 548-49).
It is hereby enacted as follows:- "
1. Short title and commencement> (1) This Act may be called the
Punjab State Legislature (Prevention of Disqualifications) Act, 1952.
(2) It shall be deemed to have come into force on the 26th day of
January, 1950.
2. Prevention of disqualification for membership of the State
Legislature.- A person shall not be disqualified for being chosen as, and
for being, "aMember of the Punjab State 1 -gislature by reason only of
the fact that he holds any of the following offices of profit under the
Government of India or under the Government of the State of Punjab,
namely, :-
(a) Lambardar ;
2(b) Sub-Registrar, whether departmental or honorary, notary
'Received the assent of the Governor of Punjab on the 7'10August, 1952, and was first published in the
Punjab Government Gazette Extraordinary, dated the 9'hAugust, 1952.
21nserted by Punjab Act 23 of 1954, Section 2.
131

public, oath commissioner, or official receiver who isnot whole timed salaried
Government servant, or any person who holds any office of profit under an
insurer, the management of whose controlled business has vested inthe Central
Government under the Life Insurance (Emergency Provisions) Act, 1956
[Central Act 9 of 1956);], . . .
1[(c) Officers, non-commissioned officers and persons enrolled under
the Territorial Army Act, 1948, (Act VI of 1948), persons enrolled under the
National Cadet Corps Act, 1948 (Act XXI of 1948); and persons of the
Auxiliary Force Act or the Air and Defence Reserve under the Reserve and
Auxiliary Air ~orce Act, 1952 (Act XII of 1952);]'
2[(CC) the office of a Member of the Punjab Home Guards
constituted under the Punjab Home Guards Act, 1947, or the office of a
Member of the Civil Defence Service deemed to be constituted under Section
7 of the Defence of India Act, 1962;]
(d) Officer in the Army Reserve of Officers;
3[(e)Chainnan, Vice-Chairman, President, Vice-President, Director or
Member of any statutory or non-statutory body; or of any comm ittee, whether
he is or is not in receipt of any remuneration or compensatory allowance by
virtue of holding such office;]
4[(f) A Chief Parliamentary Secretary or a Parliamentary Secretary
or a Parliamentary Under Secretary.]
5["(tl) Political Secretary to the Chief Minister, Punjab;
(iff) Chairman of the State Level Committee for Fiscal Reforms and
Economic Restructuring;]
6[(g) a Deputy Minister,]
7[(gg) Leader of the Opposition as defined inthe Salary and Allowances
of Leader of Opposition in the Legislative Assembly Act, 1978;]
8[(h) the office of the Advisor and Coordinator (Prohibition) set up
temporarily for the period commencing on the II th June, 1963, and ending
on the 7th November, 1963, and the office of the Honorary Advisor to the
State Government, Co-operation Department, or any other Department.]
9(2-A. Office of Chairman or Vice-Chairman of Regional
'Subs. by Punjab Act 41 of 1956, Section 2.
2Added-by Punjab Act 3 of 1963, Section 2.
'See Punjab Act 23 of 1981.
"lnserted vide Punjab Act 4 of 2005.
Slnserted vide Punjab Act 10of 2002.
"Added vide Punjab Act 25 of 1956, Section 2.
"Inserted vide the Salary and Allowances of Leader of Opposition in Legislative
Assembly Act, I978-Punjab Act 12of 1975.
KAdded by Punjab Act 8 of 1964, Section 2.
"Omitted by Punjab Adaptation of Laws (State and Concurrent Subject) Orders 1968,
132

Committees not to disqualify its holder. It is hereby further
declared that the office of the Chairman or Vice-Chairman of a
Regional Committee forthe Punjabi Region or Hindi Region shall be deemed
never to have disqualified and shall not disqualify the h~lder thereoffor
being chosen as, or for being a Member of the Punjab State Legislature.]
3. Repeal- The Punjab Legislative Assembly (Removal of
Disqualifications) Act, 1937 and the Punjab Provisional Legislature
(Prevention of Disqualifications) Act, 1950, are hereby repealed.
1.
) .,,,-'.,

Regd. No. NW/CH-22 Regd. No. CHD/009212018-2020
~unjab<BoDcrnmfnt<Bazcttc
EXTRAORDINARY
Published by Authority
================ ==========~====CHANDIGARH, THURSDAY, NOVEMBER I, 2018
(KARTIKA 10, 1940 SAKA)
Part - I
LEGISLATIVE SUPPLEMENT
Contents
Acts
The Punjab State Legislature (Prevention
of Disqualification) Amendment Act, 2018.
(Punjab Act No. 25 of 2(18)
Ordinances
Nil
Delegated Legislation
Nil
Correction Slips, Republications and
Replacements
Pages
..113-114
Part - II
Part - III
Part - IV
Nil
(cxxiii )

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 1,2018 113
(KRTK 10, 1940 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The Ist November, 2018
No.28-Leg.l2018.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 31st day of
October, 2018, is hereby published for general information:-
THE PUNJAB STATE LEGISLATURE (PREVENTION OF
DISQUALIFICATION) AMENDMENT ACT, 2018.
(Punjab Act No. 25 of 2018)
AN
ACT
further to amend the Punjab State Legislature (Prevention of
Disqualification) Act, 1952.
BEit enacted by the Legislature of the State of Punjab in the Sixty-ninth
year of the Republic of India as follows:-
I. (I) This Act may be called the Punjab State Legislature (Prevention
of Disqualification) Amendment Act, 2018.
(2) It shall be deemed to have come into force on and with effect from
the 26th day of January, 1950.
2. In the Punjab State Legislature (Prevention of Disqualification) Act, 1952
(hereinafter referred to as the principal Act), after section I, the following
section I-A shall be inserted, namely:-
"I-A. In this Act, unless the context otherwise requires,-
Definition (a) "compensatory allowance" means any sum of money
payable to the holder of an office by way of daily
allowance (such allowance not exceeding the amount
of daily allowance to which a Member of Legislative
Assembly is entitled under the Punjab Legislative
Assembly (Salaries and Allowances of Members) Act,
1942), any conveyance allowance, house-rent allowance
or travelling allowance for the purpose of enabling him
to recoup any expenditure incurred by him in performing
the functions of that office;
(b) "statutory body" means any corporation, committee,
commission, council, board or other body of persons,
Short title and
commencement.
Insertion of new
section I-A of
Punjab Act 7 of
1952.

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 1,2018 114
(KRTK 10, 1940 SAKA)
3.
whether incorporated or not, established by or under
any law for the time being in force; 3lnd
(c) "non-statutory body" means anybody of persons other
than a statutory body." .
In the principal Act, in section 2,-
(i) clauses (e), (g) and (h) shall be omitted; and
(ii) in clause (i), at the end, for sign ''.", the sign ";" shall be substituted,
and thereafter, the following clauses shall be added, namely:-
"0) any office held by a Minister (including the Chief Minister),
Minister of State or Deputy Minister, whether ex-officio or
by name;
(k) the office of Chairman, Vice-Chairman, Deputy Chairman of
the State Planning Board;
(I) the office of each leader and each deputy leader of a recognised
party and a recognised group in the Punjab State Legislature;
(m) the office of Chief Whip, Deputy Chief Whip or Whip in the
Punjab State Legislature;
(n) the office of chairman or member of the syndicate, senate,
executive committee, councilor court of a university or any
other body connected with a university;
(0) 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 authority
in respect of any matter of public importance or for the
purpose of making an inquiry into, OJ' collecting statistics in
respect of, any such matter, if the holder of such office is not
entitled to any remuneration other than compensatory
allowance; and
(p) the office of chairman, director or member (by whatever name
called) of any statutory or non-statutory body other than any
such body as is referred to in clause (0), if the holder of such
office is not entitled to any remuneration other than
compensatory allowance.".
VIVEK PURl,
Secretary to Government of Punjab,
Department of Legal and Legislati ve Affairs.
1632/11-20/8/Pb. Govt. Press. 5.A.5. Nagar
Amendment in
section 2 of
Punjab Act 7 of
1952.

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