THE UTTAR PRADESH STATE LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 1971
(Uttar Pradesh Act NO. 15 of 1971)
ARRANGEMENT OF SECTIONS
Sections:
1. Short title
2. Definitions
3. Certain offices of profit not to disqualify
4. Repeal of certain Acts
THE UTTAR PRADESH STATE LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 19711
(Uttar Pradesh Act NO. 15 of 1971)
(As passed by the U.P. Legislature)
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 ## Section 1. This Act may be called the Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971.
Definitions ## Section 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 recoup any expenditure incurred by him in performing the functions of that 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
(b)
(c)Constitution.
3[* * * ] omitted
4[* * * ] omitted
(d)"the State" means the State of Uttar Pradesh.
Certain offices of ## Section 3. It is hereby declared that none of the following offices in so profit not to far as it is an office of profit under the Government of India or the State Government, shall disqualify or be deemed ever to disqualify.
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 Crops Act, 1948, the Territorial Army Act, 1948, or 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;
1 For SOR see gazette extraordinary dated 23 July, 1969 (w.e.f. 19-07-1971) 2Subs. by section 2 of U P Act no. 10 of 2006 ( w.e.f. 01-06-2003)
3Omitted by subs. section 2 of U.P. Act no. 39 of 2006 ( w.e.f. 11-12-2006) 4Omitted by subs. section 2 of U.P. Act no. 39 of 2006 ( w.e.f. 11-12-2006)
(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 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 Planning 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 Utter 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 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 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), 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 police functions;
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(p)the office of an agent (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, 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 Official Receiver but not including an Official Liquidator
1[(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 Memorandum 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 Judiciary 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) Uttar Pradesh State Financial Corporation.
(2) Uttar Pradesh State Road Transport Corporation.
(3) Uttar Pradesh State Warehousing 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.
1Sub section (u) to (z) inserted by section 2 of U.P. Act no. 14 of 1973 (w.e.f.12-6-1973)
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(10) Uttar Pradesh State Textile Corporation Ltd.
(11) Uttar Pradesh State Bridges Corporation Ltd.
(12) Uttar Pradesh Export Corporation.
(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 Pradesh 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 Ltd.
(32) Uttar Pradesh Rajya Karmachari Kalyan Nigam. (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
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(56) Vittiya Sansadhan Paramarshdata, Uttar Pradesh. (57) Uttar Pradesh Anusuchit Jati Evam Janjati Ayog. (58) Uttar Pradesh Nagarik Parishad.
(59) Pradeshik Cooperative 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 Horticulture Food Processing Federation.
(65) Uttar Pradesh Shram Nirman Sahakari Sangh.
(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 Acadami.
(74) Acharya Narendra Dev Antarrashtriya Bouddh
Vidya Shodh Sanshthan.
(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.
2(y) [* * * ] omitted
(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.
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.
Repeal of certain
## Section 4
The following Acts are hereby repealed :
Acts
(1) the United Provinces Legislative Members Removal
of Disqualification 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)The
Uttar
Pradesh
State
Legislature
Members
Prevention of 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;
1Inserted by section 3 of U.P. Act no. 39 of 2006 (w.e.f. 11-12-2006) 2 Omitted by section 3(b) of U.P. Act no. 10 of 2006 ( w.e.f. 20-03-2006)
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(8)The Uttar
Pradesh State
Legislature
Members
(Prevention of Disqualification) Act, 1955;
(9)The Uttar Pradesh State Legislature Members (Life
Insurance) (Prevention of Disqualification) Act, 1956;
(10) The Uttar Pradesh State Legislature Members
(Prevention of Disqualification), (Supplementary) Act,
1956;
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