The RAJASTHAN LEGISLATIVE ASSEMBLY MEMBERS (PREVENTION OF DISQUALIFICATION) ACT, 2017

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LAW (LEGISLATIVE DRAFTING) DEPARTMENT 
(GROUP-II) 
NOTIFICATION 
Jaipur, November 9, 2017 
No. F. 2 (42) Vidhi/2/2017.- In pursuance of Clause (3) of 
Article 348 of the Constitution of India, the Governor is pleased to 
authorise the publication in the Rajasthan Gazette of the following 
translation in the English language of Rajasthan Vidhan Sabha 
Sadasya (Nirarhata Nivaran) Adhiniyam, 2017 (2017 ka 
Adhiniyam  Shankhyank 37) :- 
(Authorised English Translation) 
THE RAJASTHAN LEGISLATIVE ASSEMBLY MEMBERS  
(PREVENTION OF DISQUALIFICATION) ACT, 2017 
(Act No. 37 of 2017)  
[Received the assent of the Governor on the 9 
th  day of November, 2017] 
 
An 
 
Act  
 
to declare certain offices of profit not to disqualify their 
holders for being, or for being chosen as, members of the 
Legislative Assembly of the State. 
 Whereas it is expedient to consolidate and amend the laws 
declaring the offices of profit in the State which shall not 
disqualify their holders for being, or for being chosen as, members 
of the Legislative Assembly of the State; 
 Be it enacted by the Rajasthan State Legislature in the 
Sixty-eighth Year of the Republic of India, as follows:- 
 1. Short title and commencement.-  (1) This Act may be 
called the Rajasthan Legislative Assembly Members (Prevention 
of Disqualification) Act, 2017. 
 (2)  It shall come into force at once. 
 2. Interpretation.-  (1) In  this Act unless the subject or 
context otherwise req uires, “State” means the State of Rajasthan as 
formed by section 10 of the  States Reorgnaisation Act, 1956  
(Central Act No. 37 of 1956). 
 (2) The provisions of the Rajasthan General Clauses Act, 
1955 (Act No. 8 of 1955) shall, as far as may be, apply mutatis 
mutandis  to this Act. 
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 3. Removal and prevention of disqualification for 
membership of the State  Legislative Assembly.-   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 the State Legislative 
Assembly,  namely:- 
(a) the office of a Minister of  State or a Deputy 
Minister; 
(b) the office of the Government Chief Whip; 
(c) the office of the Deputy Government Chief Whip; 
(d) the office of a Parliamentary Secretary or a 
Parliamentary Under Secretary; 
(e) the office of the Leader of Opposition in the 
Rajasthan Legislative Assembly; 
(f) the office of a chairman or a vice-chairman or the 
member of a committee set up 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 enquiry into, or 
collecting statistics in respect of, any such matter 
or for planning, coordinating or implementing any 
programme of the Government or any other 
authority; 
(g) the office held by officers in the National Cadet 
Corps raised and maintained under the National 
Cadet Corps Act, 1948 (Central Act No. xxxI of 
1948)  or in the Territorial Army raised and 
maintained under the Territorial Army Act, 1948 
(Central Act No. LVI of 1948) or in the Auxiliary 
Air Force or the Air Defence Reserve raised under 
the Reserve and Auxiliary Air Force Act,  1952 
(Central Act No. LXII of 1952); 
(h) the office of a chairman or a member of the 
committee other than any such committee as is 
referred to in clause (f); 
(i) the office of a chairman, director, member or any 
officer of a statutory body, where the power to 
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make any appointment to any such office or the 
power to remove any person therefrom is vested in 
the Government; 
(j) the office of profit under an insurer, the 
management of whose controlled business has 
vested in the Central Government under the Life 
Insurance (Emergency Provisions) Act, 1956 
(Central Act No. 9 of 1956); 
(k) the office of a Government Pleader, or Special 
Government Pleader, or Advocate for the 
Government, appointed specially to conduct any 
particular suit, case or other proceeding by or 
against the State Government before any court, 
tribunal, arbitrator or other authority;  
(l) the office of a Government Pleader, Special 
Government Pleader, or Advocate for the State 
Government, appointed specially to assist the 
Advocate General, Government Advocate or 
Pleader, Special Government Pleader, or Advocate 
for Government, in any particular suit, case or 
other proceeding by or against the State 
Government before any court, tribunal, arbitrator 
or other authority; and 
(m) the office of a panel lawyer if the holder of such 
office is not entitled to any retainer or salary, by 
whatever name called. 
  Explanation.-  In this section, unless the subject or context 
otherwise requires,- 
(i)  “committee” means any committee, commission, 
council, board or any other body of persons 
whether a statutory body or not, set up by 
Government; 
(ii)  “compensatory allowance” means such sum of 
money as the Government may determine as being 
payable to the chairman or any other member of a 
committee by way of travelling allowance, daily 
allowance, conveyance allowance or house rent 
allowance for the purpose of enabling the chairman 
or other member to recoup any expenditure 
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incurred by him in attending any meeting of a 
committee or performing any other function as a 
member of the committee; 
(iii)  “daily allowance” means such daily allowance as 
shall not exceed the amount of daily allowance 
admissible to a Member of the State Legislative 
Assembly in accordance with the provisions of the 
Rajasthan Legislative Assembly (Officers and 
Members Emoluments and Pension) Act, 1956, as 
amended from time to time, and the rules made 
thereunder; 
(iv)  “insurer” means an insurer as defined in clause  (5) 
of section 2 of the Life Insurance (Emergency 
Provisions) Act, 1956 (Central Act No. 9 of 1956); 
(v) “statutory body” means any corporation, board, 
company, society or any other body of persons, 
whether incorporated or not, established, registered 
or formed by or under any law for the time being 
in force or exercising powers and functions under 
any such law. 
4. Repeal.- The Rajasthan Legislative Assembly Members 
(Removal of Disqualification) Act, 1956 (Act No. 7 of 1957) and 
the Rajasthan Legislative Assembly Members (Prevention of 
Disqualification) Act, 1969 (Act. No. 5 of 1969) are hereby 
repealed.  
 
 
मनोज कुमार # यास, 
                                        Principal Seceratry to the Government. 
 
 
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Goverment Central Press, Jaipur. 

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