TAMIL NADU LEGISLATURE (PREVENTION OF DISQUALIFICATION) ACT, 1967
(Tamil Nadu Act 3 of 1967)
Received the assent of the Governor on 10th April 1967 and first published in the Fort St. George Gazette dated the 12th April 1967.
An Act to declare that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as, for being members of the State Legislature.
Be it enacted by the Legislature of the [Tamil Nadu] in the Eighteenth Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the [Tamil Nadu] Legislature (Prevention of Disqualification) Act, 1967.
(2) It shall be deemed to have come into force on the 1st day of April 1964.
Object & Reasons
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967). - Before the promulgation of the Madras Legislature (Prevention of Disqualification) Ordinance, 1966 (Madras Ordinance 4 of 1966), the only statutory provisions in force in this State providing for the removal of disqualification for membership of the State Legislature, were section 11 of the Madras Payment of Salaries and Removal of Disqualifications Act, 1951 (Madras Act XX of 1951), and section 17(1) of the Madras Home Guard Act, 1963 (Madras Act 3 of 1963). According to the provisions mentioned above, the office of Parliamentary Secretary or membership of the National Cadet Corps, Territorial Army, Air Defence Reserve or Auxiliary Air Force or Home Guard was not considered to be a disqualification for membership of the State Legislature. Any other office of profit under Government would disqualify its holder for membership of the State Legislature. The corresponding law applicable to membership of Parliament is the Parliament (Prevention of Disqualification) Act, 1959 (Central Act 10 of 1959). The Central Act is comprehensive in nature and covers membership of statutory as well as non-statutory bodies. It was considered that the law applicable to membership of the State Legislature should be more comprehensive and that the subject should be dealt with in a separate enactment, repealing the provisions bearing on this topic in the 1951 and 1963 Madras Acts. The matter had assumed urgency just on the eve of the general elections. As the Legislature was not in session, the Ordinance was promulgated with a view to enable persons who might be members of the various bodies to stand for elections without their eligibility being questioned on the ground that they hold any office of profit under Government.
2. The Bill seeks to replace the above Ordinance by an Act of the Legislature.
Published in Part IV-Section 3, pages 7-10 of the Tamil Nadu Government Gazette Extra-ordinary, dated the 25th March, 1967.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1971 (Tamil Nadu Act 46 of 1971). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), none of the offices specified in the Schedule to the said Act shall disqualify or shall be deemed ever to have disqualified, the holder thereof for being chosen as, or for being, a member of the Legislative Assembly or of the Legislative Council. Subsequent to the enactment of this Act, certain Committees and Boards were constituted by the Government of Tamil Nadu and the Government of India for various administrative purposes. The Joint Committee on Offices of Profit (set up by the Government of India) has recommended that the membership, secretaryship or chairmanship of these bodies ought not to disqualify for Membership of Parliament. There maybe persons from the State of Tamil Nadu in these bodies who are Members of the State Legislature or who intend to seek election to the Legislative Assembly or the Legislative Council. Hence, it has been decided that all these Committees and Boards should be included in the Schedule to the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967, to ensure that the membership or secretaryship or chairmanship of these bodies will not disqualify the holders thereof for being chosen as, or for being a member of the Legislative Assembly or of the Legislative Council of Tamil Nadu.
2. The Bill seeks to achieve the above decision.
Published in Part IV-Section 3, page 849 of the Tamil Nadu Government Gazette Extraordinary, dated the 9th December 1971.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1983 (Tamil Nadu Act 5 of 1983). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), none of the offices.specified in the Schedule to the Act shall disqualify, or shall be deemed ever to have disqualified, the holder thereof for being chosen as, or for being a member of the Legislature. Based on the recommendations of the Joint Committee on Offices of Profit in its Fifth Lok Sabha-Fourteenth and Fifteenth Reports, the Government have decided to include certain offices in the following five bodies in the said Schedule:-
(i) State Wakf Board;
(ii) Minimum Wages Advisory Committee for employment in various trades;
(iii) Press Accreditation Committee;
(iv) State Level Advisory Committee for Co-operative Sugar Mills;
(v) State Labour Advisory Board.
The Government have also decided to include certain offices in some other Boards and Corporations in the said Schedule.
2. Further, based on the recommendation of the Joint Committee on Offices of Profit in its Fifth Lok Sabh - Sixth Report, the Government have also decided to omit the entry relating to the Tamil Nadu Ware Housing Corporation specified in sub-item (28) item 11 of the said Schedule.
3. The Bill seeks to achieve the above objects.
Published in Part IV-Section 1, page 73 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th February 1983.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1989 (Tamil Nadu Act 12 of 1989). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), none of the offices specified in the Schedule to that Act shall disqualify, or shall be deemed ever to have disqualified the holder thereof for being chosen as, or for being a member of, the Legislature. The Government have decided to include in the said Schedule, the office of vice-chairman of the State Advisory Board for National Savings.
2. The Bill seeks to give effect to the above decision.
Published in Part IV-Section 1, page 33 of the Tamil Nadu Government Gazette Extraordinary, dated the 27th April 1989.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1993 (Tamil Nadu Act 8 of 1993). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), none of the offices specified in the Schedule to that Act shall disqualify, or shall be deemed ever to have disqualified the holder thereof ,for being chosen as, or for being a member of the Legislative Assembly. The Government have decided to include in the said Schedule the offices of Chairman, President, Vice-Chairman, Vice-President, Member or Secretary of the following bodies:-
(1) The Tamil Nadu Water Supply and Drainage Board constituted under the Tamil Nadu Water Supply and Drainage Board Act, 1970 (Tamil Nadu Act 4 of 1971);
(2) The Tamil Nadu Corporation for Development of Women Limited;
(3) The Tamil Nadu Co-operative Milk Producers' Federation;
(4) The Tamil Nadu Fisheries Development Corporation Limited;
(5) The Tamil Nadu Leather Development Corporation;
(6) The Tamil Nadu Slum Clearance Board established under the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971);
(7) The Tamil Nadu Text Book Corporation Limited;
(8) The Tamil Nadu Handloom Weavers' Co-operative Society;
(9) The Tamil Nadu Poultry Development Corporation;
(10) The Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Limited.
2. Further, in view of the change in the nomenclature of the Corporation specified in sub-item (85) in item 11 of the Schedule to the said Act, it is decided to amend the said sub-item suitably.
3. The Bill seeks to give effect to the above decisions.
Published in Part IV-Section 1, page 10 of the Tamil Nadu Government Gazette Extraordinary, dated the 16th March 1993.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1995 (Tamil Nadu Act 24 of 1995). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), none of the offices specified in the Schedule to that Act shall disqualify, or shall be deemed ever to have disqualified, the holder thereof for being chosen as, or for being, a member of the Legislative Assembly. The Government have now decided to include the office of Chairman-cum-Managing Director of the Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Limited and the offices of the Chairman of the District Co-operative Milk Producers' Unions in the Schedule to the said Act with effect on and from the 21st day of May 1993 and the 5th day of November 1993, respectively, so as to exempt the holders of the said offices from incurring the disqualification for being chosen as, or for being, a member of the Legislative Assembly.
2. The Bill seeks to give effect to the above decision.
Published in Part IV-Section 1, page 52 of the Tamil Nadu Government Gazette Extraordinary, dated the 3rd May 1995.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Second Amendment Act, 1995. - The Government have decided to amend the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967) so as to include certain Boards and Corporations in the Schedule to the said Act, so that as and when Members of Legislative Assembly are appointed to that Boards or Corporations, they will not face disqualification.
2. The Bill seeks to give effect to the above decision.
Published in Part IV-Section 1, page 96 of the Tamil Nadu Government Gazette Extraordinary, dated the 3rd November 1995.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1998 (Tamil Nadu Act 48 of 1998). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1976 (Tamil Nadu Act 3 of 1967), none of the offices specified in the Schedule to that Act shall disqualify, or shall be deemed ever to have disqualified the holder thereof for being chosen as, or for being a member of the Legislative Assembly. The Government have decided to include in the said Schedule, the offices of chairman, president, chairman-cum-managing director, vice-chairman, vice-president, member or secretary of the State Council for Vocational Training, by amending the said Tamil Nadu Act 3 of 1967, suitably.
2. The Bill seeks to give effect to the above decision.
Published in Part IV-Section 1, page 299 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th November 1998.
Statement of Objects and Reasons - Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 2000 (Tamil Nadu Act 22 of 2000). - According to section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), none of the office specified in the Schedule to that Act shall disqualify, or shall be deemed, over to have disqualified the holder thereof for being chosen as, or for being a member of the Legislative Assembly. The Government have now decided to include, the offices of Chairman, President, Chairman-cum-Managing Director, Vice-Chairman, Vice-President, Member or Secretary of the following bodies in the said Schedule so as to exempt the holders of the said offices from incurring the disqualification for being chosen as, or for being, a member of the Legislative Assembly, by amending the said Tamil Nadu Act 3 of 1967 suitably:-
(1) Sports Development Authority of Tamil Nadu;
(2) District Manpower Planning and Employment Generation Council;
(3) Tamil Nadu Palm Products Development Board;
2. The Bill seeks to give effect to the above decision.
Published in Part IV-Section 1, page 36 of the Tamil Nadu Government Gazette Extraordinary, dated the 16th May 2000.
2. Certain offices of profit not to disqualify. - It is hereby declared that none of the offices specified in the Schedule shall disqualify, or shall be deemed ever to have disqualified, the holder thereof for being, chosen as, or for being, a member of the Legislative Assembly [xxx].
3. Amendment of Tamil Nadu Act XX of 1951. - In the [Tamil Nadu] Payment of Salaries and Removal of Disqualifications Act, 1951 ([Tamil Nadu] Act XX of 1951),-
(1) in the long title, the words, "and for the removal of certain disqualifications" shall be omitted;
(2) in the preamble, the second paragraph shall be omitted;
(3) in section 1, the words "and Removal of Disqualifications" shall be omitted; and
(4) section 11 shall be omitted.
4. Amendment of section 17, Tamil Nadu Act 3 of 1963. - In section 17 of the [Tamil Nadu] Home Guard Act, 1963 ([Tamil Nadu] Act 3 of 1963),-
(1) sub-section (1) shall be omitted; and
(2) the brackets and figure "(2)" occurring at the commencement of subsection (2) shall be omitted.
5. Repeal of Madras Ordinance 4 of 1966. - The Madras Legislature (Prevention of Disqualification) Ordinance, 1966 (Madras Ordinance 4 of 1966), is hereby repealed.
Schedule
[See section 2]
1. The office of Minister of State or Deputy Minister for the Union or for any State.
2. The office of Chief Government Whip, Deputy Chief Government Whip, Government Whip or Parliamentary Secretary.
3. The office of Sheriff in the City of [Chennai].
4. The office of member of any delegation or mission sent outside India by the Government for any special purpose.
5. The office of member of a committee (not being a body specified in item 11), set up temporarily for the purpose of advising the 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.
6. The office of member of any force raised or maintained under the National Cadet Corps Act, 1948 (Central Act XXXI of 1948), the Territorial Army Act, 1948 (Central Act LVI of 1948), or the Reserve and Auxiliary Air Forces Act, 1952 (Central Act LXII of 1952).
7. The office of member of a Home Guard constituted under any law for the time being in force in any State.
[7A. The office of member of a District Development Council.]
8. The office of honorary medical officer or honorary Assistant Medical Officer in any hospital maintained by the Government.
9. The office of Examiner or Assistant Examiner for any examination held by the Central or State Government or by the Union or State Public Service Commission.
10. The office of Director of the -
[(1) Omitted.]
[(2) Neyveli Lignite Corporation Limited;
[(a) Tamil Nadu Handicrafts Development Corporation Limited;]
[(b) Tamil Nadu Backward Classes Economic Development Corporation (Private) Limited;]]
[(3) Omitted.]
11. The office of [Chairman, President, Chairman-cum-Managing Director,][Vice-Chairman, Vice-President,] Member or Secretary of the-
(1) Advisory Committee for a Rural Extension Training Centre;
(2) Advisory Committee for Iron and Steel under Agricultural Quota and Agricultural Implements;
(3) Board of Examiners for Cinema Operators;
(4) Board of Visitors under rule 41 of the Suppression of Immoral Traffic in Women and Girls [Tamil Nadu] Rules, 1958;
(5) Committees for the selection of Auxiliary Nurse Midwife pupils;
(6) Committee for the selection of Nurse Pupils;
(7) Forage Resources Board;
(8) [Tamil Nadu] State Film Advisory Board;
(9) Managing Committees for the aftercare homes at [Chennai] and Vellore;
(10) State Agricultural Advisory Committee;
(11) State Campaign Committee for Freedom from Hunger;
(12) State committee on Employment;
(13) State Level Co-ordination Committee on Training;
(14) State Social Welfare Board;
(15) Allocation Committee under the Employees State Insurance (Medical Benefit) Panel System Rules, 1954.
(16) Board of Examination [Tamil Nadu].
(17) Board of Studies to review the existing syllabi and curricula for the various courses conducted in the polytechnics and to suggest suitable modifications;
(18) Greater [Chennai] Road Development and Traffic Planning Committee;
(19) [Chennai] City Road Development and Traffic Planning Committee;
(20) [Tamil Nadu] Road Development and Traffic Planning Committee;
(21) Medical Service Committee;
(22) Project Level Committees for Rural Industries at Nanguneri, Omalur and Sriperumpudur;
(23) State Level Advisory Committee for Rural Industries;
(24) Wenlock Downs Advisory Committee;
(25) Inspection Committee, [Tamil Nadu];
(26) [Tamil Nadu] Khadi and Village Industries Board established under the [Tamil Nadu] Khadi and Village Industries Board Act, 1959 ([Tamil Nadu] Act 18 of 1969);
(27) [Tamil Nadu] Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 ([Tamil Nadu] Act 17 of 1961);
(28) [Omitted];
[(29) Panchayat Development Consultative Committee on Administration and Works, Production Programmes and Welfare Services Programmes;]
(30) State Cotton Committee;
(31) All India Handicrafts Board;
(32) Central Advisory Committee for Consumer Co-operatives;
(33) Central Committee on Employment;
(34) Central Poultry Development Advisory Council;
(35) Coal Development Council;
(36) Committee on Untouchability, Economic Uplift and Educational Development of Scheduled Castes;
(37) Court of the Forest Research Institute and Colleges, Dehra Dun;
(38) Employees State Insurance Corporation;
(39) Export Advisory Committee for Books and Periodicals;
(40) Film Export Advisory Committee;
(41) Khadi and Village Industries Committee;
(42) Indian Coconut Development Council;
(43) Indian Sugarcane Development Council;
(44) Medical Benefit Council of the Employees' State Insurance Corporation;
(45) Mental Health Advisory Committee;
(46) National Committee for International Council of Scientific Unions;
(47) National Committee on Training in Community Development Extension;
(48) National Commission on Labour;
(49) National Food and Agriculture Organisation Liaison Committee;
(50) National School Health Council;
(51) Panel for Air-conditioning and Refrigeration Industry;
(52) Railway Catering and Passenger Amenities Committee;
(53) Small Scale Industries (Official Level) Committee;
(54) State Advisory Committee for the Territorial Army in Delhi;
(55) Standing Technical Committee;
(56) State Advisory Committee for the Territorial Army in the State of Bihar;
(57) Selection Committees for the Marine Fisheries Training Centres at Colachel, Tuticorin, Mandapam, Nagapattinam, Cuddalore, Mettur and [Chennai];
(58) Tamil Nadu Agro-Industries Corporation;
[(59) Tamil Nadu State Board for Salt and Allied Chemicals;]
[(60) Sub-Committee to fix ex-mill and ex-depot prices of yarn produced in Co-operative Spinning Mills;]
[(61) State Level Advisory Committee for Co-operative Spinning Mills;]
[(62) Committee for selecting drama scripts and troupes on Family Planning;]
[(63) State Wakf Board;]
(64) Minimum Wages Advisory Committee for employment in various trades, appointed under section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948);
(65) Minimum Wages (State) Advisory Board, appointed under section 7 of the Minimum Wages Act, 1948 (Central Act XI of 1948);
(66) Press Accreditation Committee;
(67) State Level Advisory Committee for Co-operative Sugar Mills;
(68) State Labour Advisory Board;
(69) Tamil Nadu Tourism Development Corporation Limited;
(70) Tamil Nadu State Tube Wells Corporation Limited;
[(71) Second Backward Classes Commission constituted in G. O. Ms. No. 3078, Social Welfare Department, dated 13.12.1982;]
(72) State Advisory Board for National Savings;
(73) State Industries Promotion Corporation of Tamil Nadu Limited;
(74) Tamil Nadu Small Industries Development Corporation Limited;
(75) Tamil Nadu Industrial Investment Corporation Limited;
(76) Tamil Nadu Small Industries Corporation Limited;
(77) Tamil Nadu Textile Corporation Limited;
(78) Tamil Nadu Ceramics Limited;
(79) Tamil Nadu Handloom Finance and Trading Corporation Limited;
(80) Tamil Nadu Theatre Corporation Limited;
(81) Tamil Nadu Forest Plantation Corporation Limited;
(82) Tamil Nadu Tea Plantation Corporation Limited;
(83) Tamil Nadu Dairy Development Corporation Limited;
(84) Tamil Nadu Sugarcane Farm Corporation Limited;
[(85) Tamil Nadu Adi-Dravidar Housing and Development Corporation Limited;]
[(86) Tamil Nadu Agro-Engineering and Service Co-operative Federation Limited;]
[(87) State Organising Committee for Nehru Yuvak Kendras;]
[(88) Tamil Nadu Water Supply and Drainage Board constituted under the Tamil Nadu Water Supply and Drainage Board Act, 1970 (Tamil Nadu Act 4 of 1971);]
(89) Tamil Nadu Corporation for Development of Women Limited;
(90) (a) Tamil Nadu Co-operative Milk Producers' Federation;
(b) District Co-operative Milk-producers' Unions;
(91) Tamil Nadu Fisheries Development Corporation Limited;
(92) Tamil Nadu Leather Development Corporation;
(93) Tamil Nadu Slum Clearance Board established under the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971);
[(94) Tamil Nadu Text Book and Educational Services Corporation;]
(95) Tamil Nadu Handloom Weavers' Co-operative Society;
(96) Tamil Nadu Poultry Development Corporation;
(97) Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Limited;
(98) State Council for Vocational Training;
(99) Sports Development Authority of Tamil Nadu;
(100) District Man Power Planning and Employment Generation Council;
(101) Tamil Nadu Palm Products Development Board.
[12. The office of the chairman, chairperson, director or member of any statutory or non-statutory body, other than those specified above, on being elected, appointed or nominated to such office by the Legislative Assembly or the State Government, as the case may be, if the holder of such office is not entitled to any remuneration other than compensatory allowance.
Explanation. - For the purposes of this item,-
(a) "compensatory allowance" means any sum of money payable to the holder of an office by way of 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;
(b) "statutory body" means any corporation, committee, commission, authority, board, society, trust (by whatever name called) 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.]
|
