The UTTAR PRADESH STATE LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 1971

  
 
 THE UTTAR PRADESH STATE LEGISLATURE (PREVENTION OF 
DISQUALIFICATION) ACT, 19711 
[U. P. ACT No. 15 of 1971] 
 Amended by 
President Act No. 14 of 1973 
U. P. Act No. 10 of 2006 
U. P. Act No. 39 of 2006 
 [ Passed in Hindi by the Uttar Pradesh Legislative Council 
on May 8, 1970 and by the Uttar Pradesh Legislative Assembly on 
July 14, 1971. 
Received the assent of the Governor  on July 17, 1971 
under Article 200 of the Constitution of India and  was published 
in the Uttar Pradesh Gazette Extraordinary , dated July  19, 
1971.] 
 [Authoritative English Text of the Uttar Pradesh Vidhan Mandal 
(Anaharta Nivaran) Adhiniyam, 1971] 
AN 
ACT 
to declare that certain offices of profit under the 
Government shall, not disqualify the holders thereof for being 
chosen as, or for being, members of the State Legislature. 
 IT IS HEREBY enacted in the Twenty-second Year of the 
Republic of India as follows :— 
Short title 1. (1) This Act may be called the Uttar Pradesh  State 
Legislature (Prevention of Disqualification) Act, 1971. 
Definitions 2. In this Act, unless the context otherwise requires— 
(a) “compensatory allowance” means any sum of money payable 
to the holder of an office by way of 2[honorarium, daily allowance] , 
conveyance allowance, house rent allowance or travelling allowance for  
the purpose of enabling him to recou p any expenditure incurred by 
him in performing the functions of tha office, such allowance in the 
case of daily allowance, house rent allowance or travelling allowance 
being not higher in rates and not admissible on  conditions more 
favourable than those applicable under any law for the time being in 
force made under Article 195 of the Constitution ; 
 (b)  3[  *  *  *  *  ] 
 (c)  3[  *  *  *  *  ] 
(d) “the State” means the State of Uttar Pradesh.  
 
 
1.  For Statement of Objects and Reasons see U. P. Gazette Extraordinary, dated July 23, 1969. 
2.  Subs. by sec. 2  of U. P. Act no. 10 of 2006. 
3.  Omit. by sec. 2  of U. P. Act no. 39 of 2006. 
198 
——————————————————————————————————————————  

[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971]  
Certain 
offices of 
profit not to 
disqualify 
3. It is hereby dec lared that none of the following  offces in so 
far as it is as office of profit under the Government of India or the State 
Government, shall disqualify or be deemed ever to have disqualified the 
holder thereof for being chosen  as, or for being, a member of the State 
Legislature, namely — 
 (a) the office of Minister of State or Deputy Minister, or of 
Parliamentary Secretary to a Minister, either for the Union or for the 
State ; 
(b) the office of a member of any force raised or maintained 
under the National Cadet Corps Act, 1948, the Territorial Army Act, 
1948, or the Reserve and Auxiliary Air Forces Act, 1952 ; 
 (c) while a Proclamation of Emergency under Article 352 of the 
Constitution is in operation, the office of an officer, by whatever name 
called, of the Indian Army, the Indian Air Force or the Indian Navy, or 
of any Reserve Force, or of a member of any civil defence service ;  
 (d) any office in the Home Guards constituted by or under any 
law for the time being in force or under the authority of the State 
Government ; 
 (e) any office in a village defence party (by whatever name 
called) constituted by or under any law for the time being in force or 
under the authority of the State Government ;  
 (f) the office of Chairma n or a member of the syndicate, senate, 
executive committee, council or court of a University or any other body 
connected with a University or of the managing committee, by 
whatever name called, of any educational institution receiving aid out 
of State funds ; 
 (g) the office of a member of any delegation or mission sent 
outside India by the Government of India or the State Government for 
any special purpose ;  
 (h) the office of Chairman or Deputy Chairman of the State 
Evaluation Advisory Board in the Pl anning Department of the State 
Government ; 
 (i) the office of the Chairman or a member of the Committee of 
management of a co -operative society nominated by the State 
Government under the Uttar Pradesh Co-operative Societies Act, 1965; 
 (j) the office o f the Chairman or a member of the Irrigation 
Commission appointed by the State Government ; 
(k) the office of the Chairman or a member of the Labour 
Commission appointed by the State Government ;  
 (l) the office of the Chairman or a member of the Pay 
Commission appointed by the State Government ;  
 (m) the office of Chairman, Deputy Chairman or a member or 
Secretary of a committee (whether consisting of one or more members), 
set up temporarily for the purpose of advising the Government of India 
or  the  State  Government  or  any  other  authority  in  respect  of any 
200 
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971]  
 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 ; 
 (n) subject to the provisions of section 10 of the Representation 
of the People Act, 1951, the office of Chairman, Deputy Chairman, 
Director, member or Secretary of any statutory or non -statutory body 
other than any such body as is r eferred to in clause (h), clause (l), 
clause (j), clause (k), clause (l), or clause (m), if the holder of such office 
is not entitled to any remuneration other than compensatory 
allowance; 
 (o) the office of a village revenue officer, whether called 
lambardar, pradhan, sargroh, malguzar, village siana, khat siana, or by 
any other name, whose duty is to collect land revenue and who is 
remunerated by a share of, or commission on, the amount of land 
revenue collected by him, but who does not discharge any pol ice 
functions ; 
 (p) the office of an agent (for commission or without 
commisison), by whatever name called, for the sale of or for the 
collection of subscriptions towards Government Securities as defined 
in the Indian Securities Act, 1920, or any savings certificates issued by 
the Government of India ;  
 (q) an office of profit in connection with the management of any 
property taken over by Government of India or the State Government 
for a limited period under a law made under sub -clause (b) of clause (l) 
of Article 31- A of the Constitution, when held by a person who was 
employed in connection with the management of that property before 
such taking over ;  
 (r) any office, which is not a whole -time office, for the 
performance of any special duty, if the holder of such office is not 
entitled to any remuneration other than compensatory allowance ;  
 (s) the office of a panel lawyer (including a panel lawyer 
appointed under section 127 -B of the Uttar Pradesh Zamindari 
Abolition and Land Reforms Act, 1950), if the holder of such office is 
not entitled to any retainer or salary, by whatever name called ;  
 (t) the office of a Notary Public or Oath Commissioner, or a 
Commissioner or Receiver or amicus curiae appointed by any court or 
by the Collector or an Off icial Receiver but not including an Official 
Liquidator.  
 Explanation–For the purposes of this section the office of 
Chairman, Deputy Chairman or Secretary shall include every office of 
that description by whatever name called. 
 
1[(u) the office of the Chairman, Deputy Chairman or a Member 
of the State Planning Commission. 
 (v) the office of the Chairman or a Member of the Committee 
appointed by the State Government by Office Memorandum no. 4519 -
B/33-III-71, dated December 13, 1971, of the Panchayati Ra j (2) 
Department of the State Government.] 
1. Ins. by sec. 2 of U.P. Act No. 14 of 1973. 
202 
——————————————————————————————————————————  

[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971]  
 (w) the office of the Chairman, or a Member of the Revenue 
Judiciary Reorganization Committee appointed by the Revenue 
Department of the State Government. 
 
1[ (x) the office of the Chairman, or Vice -Chairman or member 
(whether called Director or by any other name) of each of the following 
bodies namely :—  
 (1) Uttar Pradesh State Warehousing Corporation. 
(2) Uttar Pradesh State Road Transport Corporation. 
(3) Uttar Pradesh State Financial Corporation. 
 (4) Uttar Pradesh Awas Evam Vikas Parishad. 
(5) Uttar Pradesh State Small Industries Corporation Ltd. 
(6) Uttar Pradesh State Agro-Industrial Corporation Ltd. 
 (7) Uttar Pradesh Cement Corporation Ltd. 
(8) Uttar Pradesh State Industrial Corporation Ltd. 
(9) Uttar Pradesh State Sugar Corporation Ltd. 
 (10) Uttar Pradesh State Textile Corporation Ltd. 
(11) Uttar Pradesh State Bridges Corporation Ltd. 
(12) Uttar Pradesh Export Corporation Ltd. 
 (13) Hill Development Corporation Ltd. 
(14) Pradeshiya Industrial and Investment Corporation of Uttar 
Pradesh Ltd. 
(15) Indian Turpentine and Rosin Company Ltd. 
 (16) Uttar Pradesh State Handloom Corporation. 
(17) Poorvanchal Vikas Nigam Ltd.  
(18) Bundelkhand Vikas Nigam Ltd. 
 (19) Uttar Pradesh Vikas Parishad. 
(20) Uttar Pradesh Jal Nigam. 
(21) Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad.  
 (22) Uttar Pradesh Sinchai Evam Badh Niyantran Ayog.  
(23) Uttar Pradesh Film Vikas Parishad.  
(24) Uttar Pradesh Rajya Khadya Evam Avashyak Vastu Nigam. 
 (25) Uttar Pradesh Khadi Board.  
(26) Uttar Pradeshd Paryatan Vikas Nigam. 
(27) Uttar Pradesh Rajya Sahkari Ganna Samiti Sangh Ltd.  
 (28) Uttar Pradesh Mahila Kalyan Nigam. 
(29) Pradushan Niyantran Board. 
(30) Bhootpurva Sainik Kalyan Nigam. 
 (31) Uttar Pradesh Matsya Vikas Nigam. 
(32) Uttar Pradesh Rajya Karmachari Kalyan Nigam. 
1.  Subs. by sec. 3  of U. P. Act no. 10 of 2006. 
204 
——————————————————————————————————————————  

[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971]  
 (33) Beej Vikas Nigam. 
(34) Waqf Vikas Nigam. 
(35) Uttar Pradesh Hindi Sansthan. 
(36) Uttar Pradesh Desco. 
 (37) Project Corporation.  
(38) Uttar Pradesh Van Nigam. 
(39) Poultry Evam Livestock Specialities Limited.  
 (40) Ganna Shodh Parishad Uttar Pradesh.  
(41) Ganna Kisan Sansthan. 
(42) Ganna Beej Vikas Nigam. 
 (43) Pradeshik Cooperative Union. 
(44) Alpasankhyak Vitta Evam Vikas Nigam.  
(45) Uttar Pradesh Pichhada Varg Vitta Evam Vikas Nigam. 
 (46) Samaj Kalyan Nigam. 
(47) Sudoor Samvedan Upayog Kendra. 
(48) Uttar Pradesh Sanskrit Sansthan. 
 (49) Uttar Pradesh Yuva Kalyan Parishad.  
(50) Uttar Pradesh Anusuchit Jati Vitta Evam Vikas Nigam. 
(51) Uttar Pradesh Sahkari Avas Sangh.  
 (52) Uttar Pradesh Pravidhik Siksha Parishad. 
(53) Uttar Pradesh Vaikalpik Oorja Vikas Sansthan. 
(54) Bis Sutriya Karyakram Karyanvayan Samiti Uttar Pradesh. 
 (55) Uttar Pradesh Gramin Avas Parishad. 
(56) Vittiya Sansadhan Paramarshda, Uttar Pradesh.  
(57) Uttar Pradesh Anusuchit Jati Evam Janjati Ayog. 
 (58) Uttar Pradesh Nagrik Parishad. 
(59) Prade shik Coperative Sericulture Federation, Uttar 
Pradesh. 
(60) Uttar Pradesh Rajya Vyapar Kar Salahkar Samiti. 
 (61) Bhartendu Natya Akadami, Lucknow.  
(62) Uttar Pradesh Alpasankhyak Ayog.  
(63) uttar Pradesh Rajya Mahila Ayog.  
 (64) Uttar Pradesh State H orticulture Food Processing 
Federation. 
(65) Uttar Pradesh Shram Nirman Sahakari Sangh. 
206 
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971]  
 (66) Uttar Pradesh Goseva Ayog. 
(67) Uttar Pradesh Rajya Pichada Varg Ayog. 
 (68) Bhu-Upyog Parishad. 
(69) Uttar Pradesh Upbhokta Sahkari Sangh. 
 (70) Shram Kalyan Parishad, Uttar Pradesh. 
(71) Vigyan Evam Prodyogiki Parishad, Uttar Pradesh.  
(72) Nyuntam Vetan Salahkaar Board, Uttar Pradesh.  
 (73) Rajya Lalit Kala Academi. 
(74) Acharya Narendra Dev Antrrashtriya B ouddh Vidya Shodh 
Sansthan.  
(75) Arthik Paramarshdata Uttar Pradesh Shaasan. 
 (76) Uttar Pradesh Packs Federation.  
(77) U. P. Cooperative Bank.  
(78) Uttar Pradesh Bhoomi Vikas Bank. 
 (79) Zila Sahkari Bank. ] 
1[ (80) Uttar Pradesh State Handloom Development Board. ] 
 (y) 2[x x x] 
 (z) the office of Chairman or a Member or, as the case may be, 
of the Con troller, if any, as the Sunni  Central Board  or Shia Central 
Board of Waqfs in Uttar Pradesh.] 
Repeal of 
certin Acts 
 
U. P. Act VII 
of 1940 
4. The following Acts are hereby repealed ;  
(1) the United Provinces Legislative Members Removal of 
Disqualifications Act, 1940 ;  
U. P. Act II of 
1950 
 
 
U. P. Act XIX 
of 1951 
(2) The Uttar Pradesh Parliamentary Seretaries (Removal of 
Disqualification) Act, 1950 ; 
(3) The Uttar Pradesh Legislature Members Prevention of 
Disqualification Act, 1951 ;  
U. P. Act IV 
of 1952 
 
 
U. P. Act XIII 
of 1952 
(4) The Uttar Pradesh State Legislature Members Prevention of 
Disqualfication Act, 1952 ;  
(5) The Uttar Pradesh State Legislature Members (Prevention of 
Disqualfication) (Second) Act, 1952 ; 
U. P. Act XX 
of 1952 
 
 
U. P. Act 
XXIII of 1954 
(6) The Uttar Pr adesh State Legislature Members Prevention of 
Disqualification (Supplementary) Act, 1953 ;  
(7) The Uttar Pradesh Legislature Members (National Plan Loan) 
(Prevention of Disqualification) Act, 1954 ; 
 
1.  Ins. by sec. 3 of U. P. Act no. 39 of 2006. 
2. Omit. by sec. 3(b) of U.P. Act no. 10 of 2006. 
208 
——————————————————————————————————————————  

[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971]  
U. P. Act XVI 
of 1955 
 
 
U. P. Act 
XXXV of 
1956 
(8) The Uttar Pradesh State Legislature Members (Prevention of 
Disqualifcation) Act, 1955 ;  
(9) The Uttar Pradesh State Legislature Members (Life 
Insurance) (Prevention of Disqualification) Act, 1956 ; 
U. P. Act III 
of 1957. 
(10) The Uttar  Pradesh State Legislature Members (Prevention 
of Disqualification), (Supplementary) Act, 1956. 
 
———
210 
 
 2 

‹ Prev All Uttar Pradesh acts Next ›