The uttar pradesh state legislature (prevention of disqualification) act, 1971

138 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 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.] 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 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 [honorarium]2, 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 [honorarium]2, house rent allowance or travelling allowance being not higher 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" means any corporation, committee commission, council, board 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 3- It is hereby declared that none of the following offices in so far as it is an of profit not to office of profit under the Government of India or the State Government shall disqualify 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; 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 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 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 society 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 Labour 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 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 (1), or clause (m), if the holder of such office is not entitled to any 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 discharge any police functions; (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 (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 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. 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; [(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) 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) Backward 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] 4- The following Acts are hereby repealed : -- U.P. Act VII (1) The United Provinces Legislative Members Removal of of 1940 Disqualifications Act, 1940; U. P. Act II of (2) The Uttar Pradesh Parliamentary Secretaries (Removal of 19.50 Disqualification) Act, 1950 ; U. P. Act XIX (3) The Uttar Pradesh Legislature Members Prevention of of 1951 Disqualification Act, 1951 ; U. P Act IV of (4) The Uttar Pradesh State Legislature Members Prevention of 1952 Disqualification Act, 1952 ; U. P. Act XIII (5) The Uttar Pradesh State Legislature Members (Prevention of of 19.52 Disqualification) (Second) Act, 1952 ; U. P. Act XX (6) The Uttar Pradesh State Legislature Members Prevention of of 1953 Disqualification (Supplementary) Act, 1953 ; U. P. Act 23 of (7) The Uttar Pradesh Legislature Members (National Plan Loan) 1954 (Prevention of Disqualification) Act, 1954 ; U. P. Act XVI (8) The Uttar Pradesh State Legislature Members (Prevention of of 1955 Disqualification) Act, 1955 ; U. P. Act (9) The Uttar Pradesh State Legislature Members (Life Insurance) XXXV of (Prevention of Disqualification) Act, 1956 ; 1956 (10) The Uttar Pradesh State Legislature Members (Prevention of U. P. Act III of Disqualification), (Supplementary) Act, 1956. 1957