GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT BOMBAY ACT No. LII OF 1956 THE MAHARASHTRA LEGISLATURE MEMBERS (REMOVAL OF DISQUALIFICATIONS) ACT (As modified upto the 19th June 2018) V PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004 2018 [ Price : Rs. 23 ] 1956 : Bom. LII] (i) THE MAHARASHTRA LEGISLATURE MEMBERS (REMOVAL OF DISQUALIFICATIONS) ACT CONTENTS PREAMBLE. SECTIONS. 1. 2. 3. 4. Short title and commencement. Removal of certain disqualifications. Temporary provisions. Repeal. SCHEDULE I. SCHEDULE II. ————— PAGES 2 2 2 2 (G.C.P.) H 578—1 (4076–7-2018) 1956 : Bom. LII] 1 BOMBAY ACT No. LII OF 19561. [THE MAHARASHTRA LEGISLATURE MEMBERS (REMOVAL OF DISQUALIFICATIONS) ACT] (This Act received the assent of the Governor on the 12th December 1956 ; assent was first published in the Bombay Government Gazette, Part IV, on the 17th December 1956.) Amended by Bom. 52 of 1958. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Amended by Mah. 3 of 1962. Amended by Mah. 15 of 1962. Amended by Mah. 23 of 1963. Amended by Mah. 2 of 1964. Amended by Mah. 10 of 1964 read with Bom. 69 of 1948. Amended by Mah. 28 of 1965. Amended by Mah. 4 of 1975 (26-1-1975).† Amended by Mah. 28 of 1977(5-12-1977).† Amended by Mah. 7 of 1978(26-12-1977).† Amended by Mah. 15 of 1980. Amended by Mah. 23 of 1980 (24-11-1980)†£ Amended by Mah. 38 of 1981 (20-7-1981)†@ Amended by Mah. 44 of 1981 (29-7-1981)†@@ Amended by Mah. 6 of 1993 (30-12-1993)†££§ Amended by Mah. 1 of 1996(8-6-1995)†* Amended by Mah. 13 of 2001 (15-12-1999)†** Amended by Mah. 56 of 2017(7-9-2017)† An Act to provide for the removal of certain disqualifications or being chosen as, and for being, a member of 2[the Maharashtra Legislative Assembly and the Maharashtra Legislative Council]. WHEREAS by the Constitution of India provision has been made for declaring by Act of the State Legislature any office of profit under the Government of India or the Government of any State specified in the First Schedule to the said Constitution not to disqualify its holder for being chosen as and for being a member of a State Legislature ; 1 2 † £ For Statement of Objects and Reasons, see Bombay Government Gazette, 1965, Part V, pages 345-46. These words were substituted for the words “ the Bombay Legislative Assembly and the Bombay Legislative Council ” by Mah. 15 of 1980, Schedule. This indicates the date of commencement of the Act. Maharashtra Ordinance No. XIV of 1980 was repealed by Mah. 23 of 1980, s. 3. @ Maharashtra Ordinance No. VII of 1981 was repealed by Mah. 38 of 1981, s. 3. @@ Maharashtra Ordinance No. IX of 1981 was repealed by Mah. 44 of 1981, s. 6. ££ Maharashtra Ordinance No. XVII of 1992 was repealed by Mah. 6 of 1993, s. 4. § Section 3 of Mah. 6 of 1993 reads as under :— “ 3. For the removal of doubt it is hereby declared that the office of the Executive President of the Maharashtra State Planning Boards, in so far as it is an office of profit under the State Government, shall not disqualify or shall be deemed never to have disqualified the holder thereof for being a member of the Maharashtra Legislative Assembly notwithstanding the fact that he has availed himself of the facilities provided by the State Government, such as, rent free residential accommodation, telephone at the residence and office, chauffeur driven car and travelling and daily allowances for journeys on official tours. ”. Removal of doubt. * Maharashtra Ordinance No. XI of 1995 was repealed by Mah. 1 of 1996, s. 3. ** Maharashtra Ordinance No. V of 2001 was repealed by Mah. 13 of 2001, s. 4. H 578—1a 2 Maharashtra Legislature Members (Removal of Disqualifications) Act. [1956 : Bom. LII AND WHEREAS, it is expedient to make such declaration ; It is hereby enacted in the Seventh Year of the Republic of India as follows :— 1. 1[(1) This Act may be called the Maharashtra Legislature Members (Removal of Disqualifications) Act.] (2) It shall be deemed to have come into force on the 1st day of November Short title and commence- ment. 1956. Removal of certain disqualifications. 2. A person shall not be disqualified for being chosen as, or for being a member of, the 2[Maharashtra Legislative Assembly] or the 3[Maharashtra Legislative Council] merely by reason of the fact that he holds any of the offices specified in Schedule I appended hereto. Temporary provisions. 3. For the removal of doubt, it is hereby declared that a person deemed to have been elected or chosen as a member of the Bombay Legislature under section 28 or section 34 of the States Reorganisation Act, 1956 shall not be deemed to be disqualified for being elected or chosen as, or for being, a member of the said Legislature merely by reason of the fact that he holds an office declared, by any of the Acts specified in Schedule II or any other law in force immediately before the 1st day of November 1956, to be an office of profit which.shall not disqualify the holder for being elected or chosen as, or for being, a member of a State Legislature. Repeal. 4. The Bombay Legislature Member (Removal of Disqualification) Act, 1951, is hereby repealed. XXX VII of 1956. Bom. XXV of 1951. SCHEDULE I* (See section 2) 1. The office of the Parliamentary Secretaries to the Ministers of the 4[Government of Maharashtra]. 2. The office of part-time professors or lecturers in a Government college. 3. Any office in the National Cadet Corps, the Territorial Army, the Air Defence Reserve and the Auxiliary Air Force. 4. Any office in the Home Guards. 5. Any office in a village defence party (by whatever name called) constituted by or under the authority of the State Government. 5 * * * * * 7. The office of the Secretaries of the District or Regional Development Boards constituted by the State Government (by whatever name called) : Provided that the holders of such office do not hold any other office of profit under the State Government. 8. Any office under an insurer the management of whose controlled business has vested in the Central Government under the Life Insurance (Emergency Provisions) Act, 1956. IX of 1956. 1 Sub-section (1) was substituted by Mah. 15 of 1980, Schedule. 2 These words were substituted for the words “ Bombay Legislative Assembly ” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, I960. 3 These words were substituted for the words “ Bombay Legislative Council ”, by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. * See also section 6(4) of Mah. 37 of 1961. 4 These words were substituted for the words "Government of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 5 Entry 6 was deleted by Mah. 2 of 1964, s. 3. 1956 : Bom. LII] Maharashtra Legislature Members (Removal of Disqualifications) Act. 3 IX of 1956. Explanation.—For the purpose of this entry, the expressions “ controlled business ” and “ insurer ” shall have the meanings assigned to them in the Life Insurance (Emergency Provisions) Act, 1956. 9. The office of an Honorary Medical Officer or Honorary Assistant Medical Officer in a hospital under Government management. 1[9A. The office of Chairman or member of the committee of any co-operative society (which is registered or deemed to be registered under any law for the time being in force relating to the registration of co-operative societies) to which appointment is made by the State Government, or the office of the liquidator or joint liquidator to which appointment is made by the Registrar of co-operative societies, or the office of nominee of the Registrar whether appointed individually or to a board of nominees]. Bom. XL of 1953. 10. The office of the Chairman or member of the 2[Labour Welfare Board] constituted under the *Bombay Labour Welfare Fund Act, 1953. 3[10A. The office of a member of the Maharashtra Industrial Development Corporation nominated under 4[clause (d), (e), (f) or (h) of section 4] of the Maharashtra Industrial Development Act, 1961, by reason only of his holding such office]. Mah. III of 1962. 5[10B. The office of a member (including the Chairman, Vice-Chairman, Member- Secretary) of the Maharashtra State Khadi and Village Industries Board, or of the Maharashtra State Khadi and Village Industries Council constituted under the **Bombay Khadi and Village Industries Act, 1960 or the office of a member of any committee constituted under that Act.] Bom. XIX of 1960. 11. The office of the Chairman or member of any Committee or body appointed by the Central or State Government : Provided that the Chairman or any member of such committee or body does not receive any remuneration other than the compensatory allowance. Explanation.—For the purpose of this entry, “ compensatory allowance ” shall mean the travelling allowance, the daily allowance or such other allowance which is paid to the holder of the office for the purpose of meeting the personal expenditure in attending the meeting of the committee or body or in performing any other functions as the holder of the said office. 6[12. The office of an examiner for any examination held by the Central or State Government or by the Union Public Service Commission or the 7[Maharashtra Public Service Commission.] 1 Entry 9A was inserted by Mah. 23 of 1963, s. 3. 2 These words were substituted for the words “ Bombay Labour Welfare Board ” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3 Entry 10A was inserted by Mah. 3 of 1962, s. 69. 4 These words, brackets, letters and figures were substituted for the words, brackets, letters and figures “ clause (b), (c) or (d) of sub-section (1) ” by Mah. 44 of 1981, s. 5. 5 Entry 10B was inserted by Mah. 28 of 1965, s. 39. 6 Entries 12 and 13 were added by Bom. 52 of 1958, s. 2. 7 These words were substituted for the words “ Bombay Public Service Commission ” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. * The short title of this Act was amended as “ the Maharashtra Labour Welfare Fund Act ” by Mah. 24 of 2012, Sch., entry 48, w.e.f. 1-5-1960. ** The short title of this Act was amended as “ the Maharashtra Khadi and Village Industries Act ” by Mah. 24 of 2012, Sch., entry 84, w.e.f. 1-5-1960. 4 Maharashtra Legislature Members (Removal of Disqualifications) Act. [1956 : Bom. LII 13. The following offices held under the Employees’ State Insurance Act, 1948 to provide medical benefit to insured persons under the said Act, that is to say,— XXXIV of 1948. (a) the office of an Insurance Medical Practitioner, (b) the office of a part-time medical officer or specialist in a hospital, dispensary, nursing home, maternity home or other institution established by the Employees' State Insurance Corporation or the State Government, and (c) the office of a medical practitioner appointed to provide medical benefit to insured persons in any private hospital, dispensary, nursing home or maternity home or other institution recognised for the purpose by the Employees' State Insurance Corporation or the State Government.] 1[14. The office of the Chairman or a member or the Maharashtra State Police Commission appointed by the State Government.] 2[15. The Office of a member of the Maharashtra Housing and Area Development Authority (including the President and the Vice-President thereof) constituted under the Maharashtra Housing and Area Development Act, 1976, or a member of any of the Housing and Area Development Boards (including the Chairman and the Vice-Chairman thereof) established under that Act, or a member of any Panchayat (including the Sarpanch and Upa-Sarpanch thereof) established under that Act, by reason only of his holding such office.] Mah. XXXVIII of 1977. 3[16. The office of the member (including the Chairman or Vice-Chairman) of the Authority constituted under the *Bombay Metropolitian Region Development Authority Act, 1974 or of any of its Committees or Boards constituted under that Act.] Mah. IV of 1975. 4[17. The office of the Chairman or a member of the Maharashtra State Law Commission constituted by the State Government.] 5[18. The office of a member (including the Chairman and the Vice-Chairman) of the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 or of any of its committees constituted under that Act.] LXIV of 1950. 6[19. The office of the Chairman, Vice-Chairman or any other member of the Board of Directors (by whatever name called) of any other Corporation, owned or controlled by the State Government, which is not mentioned in any of the above entries in this Schedule and to which appointment is made by the State Government. Explanation.—For the purposes of this entry,— (1) the expression “ a corporation ” means any body corporate and shall include a society registered under, the Societies Registration Act, 1860, in its application to the State of Maharashtra, or any body constituted under any law for the time being in force ; XXI of 1860. (2) the expression “ a corporation controlled by the State Government ” shall include a corporation in which not less than twenty-five per cent. of the paid-up share capital is held by the State Government.] 1 Entry 14 was added by Mah. 15 of 1962, s. 2. 2 Entry 15 was substituted by Mah. 28 of 1977, s. 192. 3 Entry 16 was inserted by Mah. 4 of 1975, s. 10 (2). 4 Entry 17 was inserted by Mah. 7 of 1978, s. 2. 5 Entry 18 was added by Mah. 23 of 1980, s. 2. 6 Entry 19 was added by Mah. 38 of 1981, s. 2. * The short title of this Act was amended as " the Mumbai Metropolitan Region Development Authority Act " by Mah. 25 of 1995, Sch., entry (2). 1956 : Bom. LII] Maharashtra Legislature Members (Removal of Disqualifications) Act. 1[20. The office of the Executive President of the Maharashtra State Planning 5 Board.] 2[21. The office of the Sabhapati of the Freedom Fighters High Power Committee constituted by the State Government.] 3[22. The office of the Chairman of the Vidarbha Development Board, the Marathwada Development Board and the Development Board for the rest of Maharashtra, established by the Governor of Maharashtra under the Development Boards for Vidarbha, Marathwada and the rest of Maharashtra Order, 1994, issued in pursuance of the State of Maharashtra (Special Responsibility of Governor for Vidarbha, Marathwada and the rest of Maharashtra) Order, 1994.] 4[23. The offices of the Chief Whip or Whip in the Maharashtra State Legislature. Explanation.—(1) The expression “ Chief Whip ” or “ Whip ”, in relation to the Maharashtra Legislative Assembly, means that Member of the House who is, for the time being, declared by the party forming the Government to be the Chief Whip or Whip in that House and recognized as such by the Speaker ; and includes a member of the House, who, is for the time being, declared as such by the party having at-least ten per cent. of the total members of the House and recognized as such by the Speaker ; and (2) the expression “ Chief Whip ” or “ Whip ”, in relation to the Maharashtra Legislative Council, means that Member of the House who is, for the time being, declared by the party forming the Government to be the Chief Whip or Whip in that House and recognized as such by the Chairman ; and includes a member of the House, who, is for the time being, declared as such by the party having at-least ten per cent. of the total members of the House and recognized as such by the Chairman.] SCHEDULE II (See section 3) (1) The Hyderabad Legislative Assembly (Prevention of Disqualification) Act, 1955 (Hyderabad Act XVIII of l955), (2) The Madhya Pradesh Offices of Profit (Removal of Disqualifications) Act, 1950 (Madhya Pradesh Act VII of 1950), (3) The Saurashtra Legislative Assembly (Prevention of Disqualification) Act, 1950 (Saurashtra Act VI of l950), (4) Section 28(5) of the States Reorganisation Act, 1956 (XXXVII of 1956). 1 Entry 20 was added by Mah. 6 of 1993, s. 2. 2 Entry 21 was added by Mah. 1 of 1996, s. 2. 3 Entry 22 was added by Mah. 13 of 2001, s. 2. 4 Entry 23 was added by Mah. 56 of 2017, s. 2. The relevant portion of section 2 of Mah. 56 of 2017 reads as under :— “ 2. A person shall not be disqualified or shall be deemed never to have been disqualified for being chosen as, or for being a member of the Maharashtra Legislative Assembly or the Maharashtra Legislative Council, merely by the reason of the fact that he holds the office of Chief Whip or Whip, as the case may be. ”. Prevention of disqualification of membership of State Legislature. GOVERNMENT CENTRAL PRESS, MUMBAI. Maharashtra Government Publication can be obtained from— THE DIRECTOR GOVERNMENT PRINTING, STATIONERY AND PUBLICATION MAHARASHTRA STATE Netaji Subhash Road, MUMBAI 400 004. Phone : 022 - 23632693, 23630695, 23631148, 23634049 THE MANAGER GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT Photozinco Press Area, Near G.P.O., PUNE 411 001. Phone : 020 - 26125808, 26124759 THE MANAGER GOVERNMENT PRESS AND BOOK DEPOT Civil Lines, NAGPUR 440 001. Phone : 0712 - 2562615 THE ASSTT. DIRECTOR GOVERNMENT STATIONERY, STORE AND BOOK DEPOT Shaha Ganj, Near Gandhi Chowk, AURANGABAD 431 001. Phone : 0240 - 2331468, 2331525 THE MANAGER GOVERNMENT PRESS AND STATIONERY STORE Tarabai Park, KOLHAPUR 416 003. Phone : 0231-2650395, 2650402 AND THE RECOGNISED BOOKSELLERS