THE RAJASTHAN LEGISLATIVE ASSEMBLY MEMBERS (PREVENTION OF DISQUALIFICATION) ACT, 1969
Act No. 5 of 1969
[Published in the Rajasthan Gazette, Part 4-A, Extraordinary, dated 5-4-1969]
(Received the assent of the Governor on the 4th day of April, 1969.)
An Act to declare certain offices of profit not to disqualify their holders for being chosen as, or for being members of the Legislative Assembly of the State.
Be it enacted by the Rajasthan State Legislature in the Twentieth Year of the Republic of India as follows:-
1. Short title. - This Act may be called the Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1969.
2. Prevention of disqualification of membership of the State Legislative Assembly. - (1) It is hereby declared that none of the following offices, in so far as it is an office of profit under the State Government, shall disqualify or shall be deemed ever to have disqualified the holder thereof from being chosen as, or for being, a member of the Rajasthan Legislative Assembly, namely:-
(a) the office of a Government Pleader or Special Government Pleader or Advocate for the Government, appointed specially to conduct any particular suit, case or other proceeding by or against the State Government, before any court, tribunal, arbitrator or other authority:
(b) the office of a Pleader, a Special Government Pleader or Advocate for the State Government, appointed specially to assist the Advocate General, Government Advocate or Pleader, or Special Government Pleader, or Advocate for Government, in any particular suit, case or other proceeding by or against the State Government before any court, tribunal, arbitrator or other authority;
(c) the office of a panel lawyer, if the holder of such office is not entitled to any retainer or salary, by whatever name called;
(d) the office of a Pradhan or Pramukh as defined in the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959).
(2) Notwithstanding any judgment or order of any court or tribunal, the aforesaid offices shall not disqualify or shall be deemed never to have disqualified the holders thereof for being chosen as, or for being, members of the Rajasthan Legislative Assembly as if this Act had been in force on the date the holder of such office filed his nomination paper for being chosen as a Member of the Rajasthan Legislative Assembly.
3. Repeal and Saving. - (1) The Rajasthan Legislative Assembly Members (Prevention of Disqualification) Ordinance, 1968 (Rajasthan Ordinance 3 of 1968) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
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