The West Bengal Legislature ( Removal Of Disqualifications ) Act, 2007

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Registered No. 41 7B/SC-247
No. WB(Part-III)/2007/SAR-5

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Extraordinary
Published by Authority
BHADRA 7]
WEDNESDAY, AUGUST 29, 2007 [SAKA 1929
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1170-L.-27th August, 2007.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information :—
West Bengal Act XI of 2007
THE WEST BENGAL LEGISLATURE (REMOVAL OF
DISQUALIFICATIONS) ACT, 2007.
[Passed by the Vilest Bengal Legislature.]
[Assent of the Governor was first published in the Kalkata Gazette,
Extraordinary, of the 29th August, 2007.]
An Act to declare that certain offces of profit under the Government of India or
the Government of any Slate specified in the First Schedule to the Constitution of
India shall not disqualift the holders thereof for being chasm as, or for being members
of the West Bengal Legislative Assembly.
WHEREAS it is expedient to declare in accordance with the provisions contained in
sub-clause (a) of clause (1) of article 191 of the Constitution of India that the holders
of certain offices of profit under the Government of India or the Government of any
State specified in the First Schedule of the said Constitution shall not be disqualified
for being chosen as, and for, being members of the West Bengal Legislative Assembly;
2 THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 29. 2007 [PART III
The Bengal Legislature (Removal of Disqualifications) Act, 2007.
( Sections 1- 3. )
It is hereby enacted in the Fifty-eighth Year of the Republic of India, by the
Legislature of West Bengal, as follows:—
Short title and 1. (1) This Act may be called the West Bengal Legislature (Removal of
commencement. Disqualifications) Act, 2007.
(2) It shall come into force at once. •
Removal of
certain
disqualifications
for membership.
2. It is hereby declared that none of the following offices, in so far as it is an
office of profit under the 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 West
Bengal Legislative Assembly, namely:—
Act to have
overriding effect
over _judgement.
order etc.
(a) any office held by a Minister, Minister of State or Deputy Minister of
the State of West Bengal, whether ex-officio or by name;
(b) the office of the Leader of the Opposition in the West Bengal State
Legislature;
(c) the office of the Chairperson of any Committee of the West Bengal
Legislative Assembly;
(d) the office of Chief Government Whip, Deputy Chief Whip or Whip in
the West Bengal Legislative Assembly or the office of a Parliamentary
Secretary;
(e) the office of Sheriff in the city of Kolkata;
(f) the office of Chairman or member of the Syndicate, Senate. Executive
Committee. Council or Court of any University in the State of West
Bengal or any other body connected with a University:
(g) the office of a member of any delegation or mission constituted by the
Government of India or the State Government for any special purpose;
(h) the office of 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 or the office of a member of a Home
Guard constituted under any law in the State of West Bengal;
(i) the office of member of any Zilla Parishad, Panchayat Scuniti, Siliguri
Mahakunta Parishad or Darjeeling Gorkha Hill Council;
(i) the office of Mayor, Deputy Mayor, Mayor-in-council, Chairman, Vice-
Chairman. Chariman-in-council or Councillor of any municipality or
municipal corporation in the State of West Bengal;
(k) the office of Chairperson or member of State Planning Board and District
Planning Committee of any district of the State of West Bengal;
(1) the office of Chairman. Deputy Chairman or Vice-Chairman, Director
or member of any statutory or non-statutory body specified in the
Schedule annexed to this Act.
3. (1) Notwithstanding any judgement or order of any court or tribunal or order
or opinion of any other authority, the offices mentioned in clauses (a) to (1) of section
2 shall not disqualify or shall be deemed never to have disqualified the holders thereof
for being chosen as. or being, a member of the West Bengal State Legislative Assembly
as if this Act had been in force at all material times.
(2) Nothing contained in sub-section (1) shall be construed as to entitle any person
who has vacated a seat owing to any order or judgement as aforesaid, to claim any
reinstatement or any other claim in that behalf.
31 of 1948.
56 of 1948.
62 of 1952.
PAR-I 1111 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 29, 2007 3
Repeal of West
Ben. Act VI of
1952.
The 'West Bengal Legislature (Removal of Disqualifications) Act, 2007.
( Section 4. )
(3) For the removal of doubts. it is hereby clarified that any petition or reference
pending before any court or other authority on the date of commencement of this Act
shall be disposed of in accordance with the provisions of this Act.
4. The West Bengal Legislature (Removal of Disqualifications) Act. 1952, is
hereby repealed.
THE SCHEDULE
[See section 2(1)]
1. Kolkata Metropolitan Development Authority.
2. Asansol Durgapur Developement Authority.
3. Siliguri Jalpaiguri Developement Authority.
4. Haldia Development Authority.
5. Sriniketan Santiniketan Development Authority.
6. B urd wan Development Authority.
7. Bhangore Rajarhat Area Development Authority.
8. Digha Development Authority.
9. Kolkata Metropolitan Planning Committee.
10. West Bengal Industrial Development Corporation Limited.
11. West Bengal Industrial Infrastructure Developement Corporation Ltd.
12. West Bengal Small Industries Development Corporation Limited.
13. West Bengal Handicrafts Development Corporation Limited.
14. West Bengal Minorities Development and Finance Corporation Ltd.
15. West Bengal Handloom and Powerloom Development Corporation Ltd.
16. West Bengal Khadi and Village Industry Board.
17. Society for Self-Employment for Urban Youth, a society registered under the West Ben. Act
West Bengal Societies' Registration Act, 1961. XXVI of 1961.
18. State Fisheries Development Corporation Limited, West Bengal.
19. West Bengal Fisheries Corporation Limited.
20. Board of Wakf, West Bengal, a body constituted under the Wakf Act, 1995. 43 of 1995.
21. West Bengal State Haj Committee, constituted under the Haj Committee Act, 35 of 2002.
2002.
22. Central Wakf Council established under section 9 of the Wakf Act, 1995.
23. Haj Committee of India, constituted under section 3 of the Haj Committee Act,
2002.
24. West Bengal Minorities' Commission.
25. West Bengal Board of Madrasah Education .
26. West Bengal Urdu Academy.
27. Planning Board (Asiatic Society) established under section 8 of the Asiatic 5 of 1984.
Society Act, 1984.
28. West Bengal Comprehensive Area Development Corporation.
29. West Bengal State Rural Development Association.
30. Society for Training and Research on Panchayat and Rural Development.
31. West Bengal Forest Development Corporation Limited.
32. West Bengal Wasteland Development Corporation Limited.
33. West Bengal Pulpwood Development Corporation Limited.
34. State Board for Wildlife. West Bengal.
35. West Bengal Labour Welfare Board.
36. West Bengal Cooperative Milk Federation Limited.
37. West Bengal Go-Sampacl Bika.th &inviter.
38. West. Bengal Dairy and Poultry Development Corporation Limited.
4 THE KOLKATA GAZETTE, EXTRAORDINARY. AUGUST 29. 2007 [PART III PAR
The West Bengal Legislature (Removal of Disqualifications) Act. 2007.
(Schedule.)
39. West Bengal Livestock Development Corporation Limited.
40. Mother Dairy Limited.
41. Society for Training and Research and Urban Governance.
42. West Bengal State Council for Technical Education.
43. West Bengal State Council for Vocational Education and Training.
44. West Bengal Scheduled Castes and Scheduled Tribes Development and Finance
Corporation.
45. West Bengal Tribal Development Cooperative Corporation.
46. West Bengal Backward Classes Development and Finance Corporation.
47. Sumdarban Development Authority.
48. Sundarbcin Insfrastructure Development Corporation Limited.
49. West Bengal State Fishermen's Cooperative Federation Limited.
50. West Bengal -Ceramic Development Corporation Limited.
51. West Bengal Food Processing and Horticulture Development Corporation
Limited.
52. West Bengal Power Development Corporation Limited.
53. West Bengal Renewable Energy Development Authority.
54. West Bengal Agro-Industries Corporation Limited.
55. West Bengal State Minor Irrigation Corporation Limited.
56. West Bengal State Seed Corporation Limited.
57. West Bengal Essential Commodities Supply Corporation Limited.
58. West Bengal State Consumers Federation Limited.
59. Society of Self-Employment of Unemployed Youth. West Bengal.
60. Institute of Environmental Studies and Wetland Management.
61. West Bengal State Literacy Mission.
62. West Bengal Sishu Siksha Mission.
63. Kolkata State Transport Corporation Limited.
64. North Bengal State Transport Corporation Limited.
65. South Bengal State Transport Corporation Limited.
66. West Bengal Surface Transport Corporation Limited.
67. Kolkata Tramways Corporation Limited.
68. West Bengal Transport Infrastructure Development Corporation Limited.
69. West Bengal State Sports Council.
70. West Bengal Mountaineering and Adventure Sports Foundation.
71. West Bengal State Council of Bio-Technology.
72. State Productivity Council, - West Bengal.
73. Paschimbanga Rajya Prammbhik Siksha Unnayan Sanstha.
74. West Bengal Council for Science and Technology.
75. Centre for Archaeological Studies and Training.
76. Netaji Institute of Asian Studies.
77. West Bengal Horticulture Development Society.
78. Uttarbanga Unnayan Parshad.
79. Paschimanchal Unnayan Parshad.
SO. West Bengal State Marketing Board.
81. West Bengal State Consumers - Cooperative Federation.
82. West Bengal State Cooperative Marketing Federation.
83. West Bengal Housing Board.
84. West Bengal Housing infrastructure Development Corporation Limited.
85. West Bengal Films Development Corporation Limited.
86. Roopkala Kendra.
II PART III] THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 29, 2007 5
The West Bengal Legislature (Removal of Disqualifications) Act, 2007.
(Schedule.)
87. Mass Media Centre, West Bengal.
88. West Bengal Minerals Development and Trading Corporation Limited.
89. West Bengal Pharmaceutical and Phytochemical Development Corporation
Limited.
90. West Bengal State Leather Industries Corporation Limited.
91. West Bengal State Handloom Weavers' Cooperative Society Limited.
92. Paschim Banga Resham Silpi Samabaya Mahasangha Limited.
93. Basumati Corporation Limited.
94. Kolkata Improvement Trust.
95. Howrah Improvement Trust.
96. Jaigaon Development Authority.
97. Medinipur-Kharagpur Development Authority.
98. West Bengal Social Welfare Board.
99. West Bengal Commission for Women.
100. West Bengal Women's Development Undertaking.
101. West Bengal Pollution Control Board.
102. West Bengal Heritage Commission.
103. Durgapur Projects Limited.
104. West Bengal State Council of Science and Technology.
105. Hooghly River Bridge Commissioners.
106. West Bengal Tourism Development Corporation.
107. WestBengal Cooperative Milk Producers' Federation.
108. State Animal Welfare Board.
109. West Bengal Cooperative Housing Federation.
110. Health and Family Welfare Samitis at State, District and Block levels.
111. All Swasthya Samitis of Medical Colleges and Hospitals and Decentralized
Hospitals and Medical Teaching Institutions.
112. Rogi Kalyan Samitis for District Hospitals, Sub-divisional/State General
Hospitals, Block Primary Health Contres/Rural Hospitals.
113. The West Bengal State Medicinal Plants Board.
114. All Professional councils constituted under different Acts which have provisions
of including members of West Bengal Legislative Assembly.
115. State Supervisory Board for pre-conception and prenatal diagnostic techniques
(Prohibition of Sex Selection) Act, 1994.
By order of the Governor,
S. K. CHAKRABARTI,
Pr. Secy. to the Govt. of West Bengal,
Lou' Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056

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