LexThe uttar pradesh state legislature (prevention of disqualification) act, 1971
Uttarakhand · state statute
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THE UTTAR PRADESH STATE LEGISLATURE (PREVENTION
OF DISQUALIFICATION) ACT, 19711
[UTTAR PRADESH ACT NO. XV OF 1971]
Amended by President's Act no. XIV of 1973 and U. P. Act 130 of 1974.
[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 as sent 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.]
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- This Act may be called the Uttar Pradesh State Legis lature (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 [honorarium]2, conveyance allowance, house
rent allowance or tra velling allowance for t he purpose of enabling him to
recoup any expenditure incurred by him in performing the functions' of that
office, such allo wance in the case of [honorarium]2, house rent allowance or
travelling allowance being not highe r in rates and not admissible on
conditions more favourable them those applicable under any law for the time
being in force made under Article 195 of the Constitution;
(b) "statutory body" m eans any corporation, committee commission,
council, bo ard or other body of persons, whether incorporated or not .
established by or under any law for the time being in force;
(c) "non-statutory body" means any body of persons other than a statutory
body;
(d) "the State" means the State of Uttar Pradesh.
Certain offices
of profit not to
disqualify
3- It is he reby declared that none of the following offices in so far as it is an
office of profit under the Government of In dia or the State Government shall
disqualify or be deemed ever to have disqualified the holder thereof for bei ng
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;
1- For Statement of Objects and Reasons. see Uttar Pradesh Gazelle Extraordinary, dated
July 23, 1969 .
2- Subs. by section 2 of Uttarakhand Act No. 07 of 2006.
139
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971] [Section 3]
(b) the office of a member of any force raised or main tained und er the
National Cadet Corps Act, 1948, the Territorial Army Act, 1948, or the
Reserve and Auxiliary Air Forces Act, 1952;
(c) while a Proclam ation of Emergency under Article 352 of t he
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 Chairman 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 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 Planning Department of the State Government ;
(i) the office of the Chairman or a member of the Committee of
management of a co -operative societ y nominated by the State Government
under the Uttar Pradesh Co-operative Societies Act, 1965 ;
(j) the office of 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 La bour Commission
appointed by the State Government ;
(1) 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 consisti ng 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 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 referred to in clause (h), clause (i), clause (j), claus e (k),
clause (1), or clause (m ), if the holder of such office is not entitled to a ny
remuneration other than compensatory allowance ;
140
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971] [Section 3]
(o) the office of a village revenue officer, whether called lamberdar, 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 d ischarge any police
functions;
(p) the offi ce of an ag ent (for commission or without commission), by whatever
name called, for the sale of or for the collection of subscriptions towards Government
Securities as defined in the Indian Securities Act, 19 20, 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 Governm ent for a limited period under a law
made under sub-clause (b) of clause (1) 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 enti tled 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 Official
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 offic e of that description by whateve r name
called;
[(u) the office of 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 Me morandum No. 4519 -B/33-111-71, dated December 13,
1971, of the Panchayati Raj (2) Department of the State Government;
(w) the office of the Chairman or a member of the Revenue, Jud iciary
Reorganization Committee appointed by the Revenue Department of the State
Government;
[(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) Rajya Apda Rahat Samiti.
(2) Apda Avam Nunikaran Prabandhan Pradhikaran.
(3) Bhagirathi Nadi Ghati Vikas Pradhikaran.
(4) Uttarakhand Parytan Vikas Parishad.
(5) Uttarakhand Krishi Utpadan Mandi Parishad.
(6) Rajya Stariya Krisak Mitra Parishad.
(7) Rajya Stariya Udyog Mitra Parishad.
141
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971] [Section 3]
(8) Uttarakhand Anya Pichharar Varg Ayog.
(9) Uttarakhand Bal Kalyan Board.
(10) Garhwal Mandal Vikas Nigam.
(11) Kumoun Mandal Vikas Nigam.
(12) Charr Dham Vikas Parishad.
(13) Sri Badrinath Avam Srik Kedarnath Mandir Samiti.
(14) Uttarakhand Khadi Gramoudyog Board.
(15) Rajya Stariya Vishes Matrakaran Yojna Karyanvayan Avam Anushrawan Samiti.
(16) Uttarakhand Vanijya Kar Salahakar Samiti.
(17) Uttarakhand Anuschit Jati-Janjati Ayog.
(18) Parytan Paramarshadata.
(19) Ganna Avam Chini Vikas Udyog Board.
(20) Uttarakhand Bhawan Avam Sannirman Karmkar Board.
(21) Uttarakhand Van Vikas Nigam.
(22) Bees Sutriya Karykrim Kiriyanwayan Samiti.
(23) Uttarakhand Parivahan Nigam.
(24) Rajya Yuva Kalyan Parishad.
(25) Rajya Yojana Ayog.
(26) Hiltron.]1
[(27) Sampurna Saksharta Karyakram Anushrawan Parisha.
(28) Sampurna Rojgaar Guarantee Yojna Anushrawan Parishad.
(29) Samekit Bal Vikaas Pariyojna Anushrawan Parishad.
(30) Rashtriya Gramin Swasthyaya Anushrawan Avam Salahakar Parishad.
(31) Rajya Bagwani Board;
(32) Jalagam Prabandh Pariyojanayen Anushrawan Vikaas Parishad;
(33) Uttarakhand Rajya Stariya Payjal Anushrawan Parishad;
(34) Uttarakhand Akshay Urja Vikasa Abhikaran;
(35) Anusuchit Jati/Janjati Vikaas Parishad;
(36) Janjati Kshetra Vikas Parishad;
(37) Pradanmantri Gramin Sarak Yojna Rajya Stariya Anushrawan Parishad;
(38) Rajya Khadya Avam Nagrik Apurti Salahakar Avam Anushrwan Parishad;
(39) Rajya Urja Salahakar Parishad;
(40) Rajya Vanya jeev Salahakar Parishad;
{(41) Uttrakhand Avas Vikaas Parishad and Awas Nidhi;}2
(42) Shahri Vikaas Pariyojna Anushrawan Parishad;
(43) Sarwa Shiksha Abhiyan Vikaas Avam Anushrawan Parishad;
(44) Gramin Abhiyantaran Sewayen Anushrawan Parishad;
1. inserted. by section 3(a) of Uttarakhand Act No. 07 of 2006.
2. Substituted by section 2(a) of Uttrakhand Act no. 18 of 2014.
142
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971] [Section 3]
(45) Seemant Kshetra Karyakram Anushrwan Parishad;
(46) Rajya Stariya Laghu seenchai Anushrawan Parishad (Garhwal Mandal);
(47) Rajya Stariya Laghu seenchai Anushrawan Parishad (kumaun Mandal);
(48) Pandrah Sutriya Karyakram Kriyanwayan Samiti;
(49) Samaj Kalyan Yojnayen Anushrawan Samiti;
(50) Hathkargha Avam Hastship Vikaas Parishad;
(51) Rajya Jevik Utpad Parishad;
(52) Uttarakhand Live Stock Development Board;
(53) Van Avam Paryawaran Salahakar Avam Anushrawan Parishad;
(54) Rajya Film Salahakar Parisha.]3
4[(55) Parliamentary Secretary;
(56) the Uttarakhand Hindi Academy;
(57) The Uttarakhand Bhasha Sansthan.]4
[(58) Uttrakhand Seeds and Tarai Development Corporation Ltd;
(59) Uttrakhand Purv Sainik Kalyan Nigam Ltd;
(60) Uttarakhand State Seed and Organic Production Certification Agency;
(61) Urdu Academy;
(62) Panjabi Academy.]5
{(63) State Infrastructure and Industrial Development Council;
(64) Back ward and More Backward Class welfare Council Backward Class Fund
Monitory ;
(65) Seemant Area Programme Monitory Council;
(66) State Mineral Development Council ;
(67) Uttrakhand Social Welfare Planning Monitory Committee;
(68) Implementation and Monitory Committee for S.C.S.P and T.S.P Act ;
(69) Advisor of Social Welfare and State Estate Department;
(70) Uttrakhand State Contractual Labour Board Advisor;
(71) Haridwar / Roorki Development Authority ;
(72) Pilgrimage Management and Religious Mela Council;
(73) State Level District Planning Monitory and Programme Implementation Committee;
(74) Apda Punarnirman Kriyanwan evam Anushraan Samiti.}6
[(75) Parvatiya Chakbandi Salahkaar Samiti;]7
[(76) Gairsain Development Council;]8
(y) [***]2
(z) the office of Chairman or a member, or as the case may be, of the Controller, if any,
of the Sunni Central Board or Shia Central Board of Waqfs in Uttar Pradesh.]1
1- Inserted by s. 2 of President's Act no. XIV of 1973 w. e. f. 12th June, 1973.
2- Omitted by section 3 (b) of Uttarakhand Act No. 07 of 2006.
3. Added by section 2 of Uttarakhand Act No. 09 of 2008.
4. Added by section 2 of Uttarakhand Act No. 15 of 2010.
5. Inserted by section 2 of Uttrakhand Act, No. 32 of 2013.
6. Added by Clause (b) of section 2 of Uttarakhand Act No. 18 of 2014.
7. Ins. by section 2 of UK Act no 12 of 2017.
8. Ins. by section 2 of UK Act no 7 of 2020.
143
[The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971] [Section 4]
U.P. Act VII
of 1940
U. P. Act II of
19.50
U. P. Act XIX
of 1951
U. P Act IV of
1952
U. P. Act XIII
of 19.52
U. P. Act XX
of 1953
U. P. Act 23 of
1954
U. P. Act XVI
of 1955
U. P. Act
XXXV of
1956
U. P. Act III of
1957
4- The following Acts are hereby repealed : --
(1) The United Provinces Legislative Members Removal of
Disqualifications Act, 1940;
(2) The Uttar Pradesh Parliamentary Secretaries (Removal of
Disqualification) Act, 1950 ;
(3) The Uttar Pradesh Legislature Members Prevention of
Disqualification Act, 1951 ;
(4) Th e Uttar Pradesh State Legislature Members Prevention o f
Disqualification Act, 1952 ;
(5) The Uttar Pradesh State Legislature Members (Prevention of
Disqualification) (Second) Act, 1952 ;
(6) The Uttar Pradesh State Legislature Members Prevention of
Disqualification (Supplementary) Act, 1953 ;
(7) The Uttar Pradesh Legislature Members (National Plan Loan)
(Prevention of Disqualification) Act, 1954 ;
(8) The Uttar Pradesh State Legislature Members (Prevention of
Disqualification) Act, 1955 ;
(9) The Utt ar Pradesh State Legislature Members (Life Insurance)
(Prevention of Disqualification) Act, 1956 ;
(10) The Uttar Pradesh State Legislature Members (Prevention of
Disqualification), (Supplementary) Act, 1956.