Tamil nadu act 003 of 1967 : Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967

Preamble

1[Tamil Nadu] Legislature (Prevention of Disqualification) Act, 1967*

1[Tamil Nadu Act No. 3 of 1967]2[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, or for being, members of the State Legislature

Be it enacted by the Legislature of the 3[State of Tamil Nadu] in the Eighteenth Year of the Republic of India as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by too Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

* Received the assent of the Governor on the 12th April, 1967, first published in the Fort St. George Gazette on the 12th April, 1967 (Chaitra 22, 1889)

2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 25th March, 1967, Part IV-Section 3, page 10.

3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of laws (Second Amendment) Order, 1969.

Section 1. Short title and commencement

1. Short title and commencement.- This Act may be called the 1[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.

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by too Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 2. Certain offices of profit not to disqualify

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 or of the Legislative Council.

Section 3

3.- [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951).]

Section 4

4.- [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Home Guard Act, 1963 (Tamil Nadu Act 3 of 1963).]

Section 5. Repeal of Madras Ordinance 4 of 1966

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

Schedule

THE 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 Madras.

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.

1[7-A. 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-

2[(1) * * *]

(2) Neyveli Lignite Corporation, Limited;

3[(2-A) Tamil Nadu Handicrafts Development Corporation Limited];

2[(3) * * *].

11. 1[The office of chairman, 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 2[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;

3[(8) Tamil Nadu State Film Advisory Board];

(9) Managing Committees for the Aftercare Homes at Madras 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;

1[(16) Board of Examinations, 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 Madras Road Development and Traffic Planning Committee;

(19) Madras City Road Development and Traffic Planning Committee;

1[(20) Tamil Nadu State 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;

1[(25) Inspection Committe, Tamil Nadu];

(26) 1[Tamil Nadu State Khadi and Village Industries Board] established under the 2[Tamil Nadu] Khadi and Village Industries Board Act, 1959 (2[Tamil Nadu] Act 18 of 1959);

(27) 1[Tamil Nadu State Housing Board] constituted under the 2[Tamil Nadu] State Housing Board Act, 1961 (2[Tamil Nadu] Act 17 of 1961);

(28) 3[Tamil Nadu Warehousing Corporation] established under the Warehousing Corporations Act, 1962 (Central Act 58 of 1962);

4[(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 and 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 Madras;

*(58) Tamil Nadu Agro-Industries Corporation;]

1[(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.

1 This item was inserted by section 2(1) of the Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1971 (Tamil Nadu Act 46 of 1971).

2 The sub-items (1) and (3) in item 10 were omitted by sub-section (1)(a) of section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1975 (Tamil Nadu Act 53 of 1975).

3 This sub-item was added, by section 2(1)(b), ibid.

1 These words were substituted for the words "The office of number or secretary" by sub-section 2(a) of section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1971 (Tamil Nadu Act 46 of 1971).

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

3 This sub-item was substituted for the following sub-item by paragraph 3(1) of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969:-

"(8) Madras State Film Advisory Board".

1 These expressions were substituted for the following expression by paragraph 3(1) of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969, namely:-

"(16) Board of Examinations, Madras; (20) Madras State Road Development and Traffic Planning Committee; (25) Inspection Committee, Madras "Madras state Khadi and Village Industries Board".

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

1 This expression was substituted for the following expression by paragraph 3(1) of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969, namely:-

"Madras State Housing Board".

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

3 This expression was substituted for the expression "Madras Sate Warehousing Corporation" vide G.O.Ms. No. 403, Food, dated 25th April, 1969.

4 The sub-items (29) to (58) were added by sub-section (2)(b) section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1971 (Tamil Nadu Act 46 of 1971).

* Sub-item (58) was deemed to have come into force on 7th April, 1971; and other items except sub-item (58) were deemed to have come into force on the 1st April, 1964 by sub-section (2) of section 1 of the Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1971 (Tamil Nadu Act 46 of 1971).

1 The sub-items (59) to (62) were added by sub-section (2) of section 2 of the Tamil Nadu Legislature (Prevention of Disqualification) Amendment Act, 1975 (Tamil Nadu Act 53 of 1975).