Removal and prevention of disqualification for membership of the State Legislative Assembly.
It is hereby
declared that the following offices shall not disqualify, and shall be
deemed never to have disqualified, the holders thereof for being
chosen as, or for being, members of the State Legislative
Assembly, namely:-
(a) the office of a Minister of State or a Deputy
Minister;
(b) the office of the Government Chief Whip;
(c) the office of the Deputy Government Chief Whip;
(d) the office of a Parliamentary Secretary or a
Parliamentary Under Secretary;
(e) the office of the Leader of Opposition in the
Rajasthan Legislative Assembly;
(f) the office of a chairman or a vice-chairman or the
member of a committee set up 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 enquiry into, or
collecting statistics in respect of, any such matter
or for planning, coordinating or implementing any
programme of the Government or any other
authority;
(g) the office held by officers in the National Cadet
Corps raised and maintained under the National
Cadet Corps Act, 1948 (Central Act No. xxxI of
1948) or in the Territorial Army raised and
maintained under the Territorial Army Act, 1948
(Central Act No. LVI of 1948) or in the Auxiliary
Air Force or the Air Defence Reserve raised under
the Reserve and Auxiliary Air Force Act, 1952
(Central Act No. LXII of 1952);
(h) the office of a chairman or a member of the
committee other than any such committee as is
referred to in clause (f);
(i) the office of a chairman, director, member or any
officer of a statutory body, where the power to make any appointment to any such office or the
power to remove any person therefrom is vested in
the Government;
(j) the office of profit under an insurer, the
management of whose controlled business has
vested in the Central Government under the Life
Insurance (Emergency Provisions) Act, 1956
(Central Act No. 9 of 1956);
(k) 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;
(l) the office of a Government Pleader, Special
Government Pleader, or Advocate for the State
Government, appointed specially to assist the
Advocate General, Government Advocate or
Pleader, 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; and
(m) the office of a panel lawyer if the holder of such
office is not entitled to any retainer or salary, by
whatever name called.
Explanation.- In this section, unless the subject or context
otherwise requires,-
(i) "committee" means any committee, commission,
council, board or any other body of persons
whether a statutory body or not, set up by
Government;
(ii) "compensatory allowance" means such sum of
money as the Government may determine as being
payable to the chairman or any other member of a
committee by way of travelling allowance, daily
allowance, conveyance allowance or house rent
allowance for the purpose of enabling the chairman
or other member to recoup any expenditure incurred by him in attending any meeting of a
committee or performing any other function as a
member of the committee;
(iii) "daily allowance" means such daily allowance as
shall not exceed the amount of daily allowance
admissible to a Member of the State Legislative
Assembly in accordance with the provisions of the
Rajasthan Legislative Assembly (Officers and
Members Emoluments and Pension) Act, 1956, as
amended from time to time, and the rules made
thereunder;
(iv) "insurer" means an insurer as defined in clause (5)
of section 2 of the Life Insurance (Emergency
Provisions) Act, 1956 (Central Act No. 9 of 1956);
(v) "statutory body" means any corporation, board,
company, society or any other body of persons,
whether incorporated or not, established, registered
or formed by or under any law for the time being
in force or exercising powers and functions under
any such law.