Bihar Legislature (Removal of Disqualifications) Act, 1950
[29th March, 1950.]
An Act to provide that holders of certain offices shall not
be disqualified for being chosen as, or for being, members
of the Bihar Legislative Assembly or the Bihar Legislative
Council.
WHEREAS it is expedient to provide that holders of certain
offices shall not be disqualified for being chosen as, or
for being, members of the Bihar Legislative Assembly or the
Bihar Legislative Council.
It is hereby enacted as follows:—
1. Short title.—This Act may be called the Bihar Legislature
(Removal of Disqualifications) Act, 1950.
2. Removal of disqualifications for membership.—A person
shall not be 1[and shall be deemed never to have been disqualified
for being chosen as, or for being, a member of the Bihar Legislative
Assembly or the Bihar Legislative Council by reason only of
the fact that he holds any of the offices, being offices of
profit, mentioned in the Schedule.
3. Repeal of Bihar Ordinance 1 of 1950.—The Bihar Legislature
(Removal of Disqualifications) Ordinance, 1950 (Bihar Ordinance
No. 1 of 1950) is hereby repealed.
THE SCHEDULE
(1) The offices of the State Minister and the Deputy Minister.
(2) The office of Parliamentary Secretary.
(3) Any office in the Territorial Army constituted under
the Territorial Army Act, 1948.
(4) Any office in the National Cadet Corps constituted under
the National Cadet Corps Act, 1948 (31 of 1948).
(5) The office of the Chairman or member of any Committee
or body appointed by the Central or a State Government or
by a servant of the Government:
Provided that the Chairman or any member of such Committee
or body does not receive any remuneration other than compensatory
allowance.
Explanation.—For the purpose of this item "Compensatory
allowance" shall mean—
(I) the traveling allowance, daily allowance, or any allowance
in the shape of honorarium, which may be paid to the holder
of the office for the purpose of reimbursing the personal
expenditure incurred by him in attending the meetings of the
committee or body or performing any other functions as the
holder of the said office; and
(ii) the allotment of quarter and the provision for conveyance,
and such other facilities, privileges and amenities
to the holder of the office or cash payment in lieu thereof
as the State Government, the Board or the managing
authority of the committee or the body, as the case may be,
may, by order made in this behalf, on such terms and
conditions as may be mentioned therein, from time to time,
determine.]
(6) Any office under an insurer the management of whose controlled
business has vested in the Central Government.
Explanation. —For the purpose of this clause, the expression
"controlled business" and the word "insurer"
shall have the meanings respectively assigned to them in the
Life Insurance (Emergency Provisions) Act, 1956 (9 of 1956).
(7) The office of an agent or other like office under the
Central Government or the State Government for the purpose
of effecting sales of, or collecting subscriptions towards,
National Plan Certificates for such Commission as the Central
Government may have fixed in that behalf or without such commission.
Explanation. —For the purpose of the clause, a National
Plan Certificate includes: —
(i) 12 years' National Savings Certificate;
(ii) 10 years' National Plan Certificate; and
(iii) any other savings certificate or Government Securities
notified as such by the Central Government.
(8) The office of a member in the Auxiliary Air Force or
the Air Defence Reserve raised and maintained under the Reserve
and Auxiliary Air Forces Act, 1952 (62 of 1952).
(9) The office of the acting Chairman under clause (1) of
Article 184 of the Constitution of India, and
(10) The office of the acting Speaker under clause (1) of
Article 180 of the Constitution of India.
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