Section 2 in The West Bengal Legislature (Removal Of Disqualifications) Act, 1952
2. [ Removal of certain disqualifications for membership] [[Section 2 substituted by West Bengal Act 27 of 1954, which was earlier as under:-
'2. Removal of certain disqualifications for membership. - It is hereby declared that a person shall not be disqualified for being chosen as, and for being, a member of the West Bengal Legislative Assembly or the West Bengal Legislative Council by reason only of the fact that he holds any of the following offices of profit under the Government of India or the Government of any State specified in the First Schedule to the Constitution of India, namely:-(a)an office of a Parliamentary Secretary or a Parliamentary Under-Secretary:(b)an office which is not a wholetime office remunerated either by salary or by fees.'.]]. - It is hereby declared that a person shall not be disqualified for being chosen as, and for being, a member of the West Bengal Legislative Assembly or the West Bengal Legislative Council by reason only of the fact-(i)that he holds any of the following offices of profit under the Government of India or the Government of any State specified in the First Schedule to the Constitution of India, namely:-(a)an office of a Parliamentary Secretary or a Parliamentary Under-Secretary;(b)an office which is not a wholetime office remunerated either by salary or by fees; [* * *] [Word 'or' omitted by West Bengal Act 11 of 1960.](c)[ an office in connection with the management of any property taken over by the State Government for a limited period under a law made under sub-clause (b) of clause (1) of article 31A of the Constitution of India, when held by a person who was employed in connection with the management of the property before such taking over;] [Sub-clause (c) inserted by West Bengal Act 11 of 1960.] [* *] [Word 'or' omitted by West Bengal Act 3 of 1983, w.e.f. 21.1.1983.](d)[ the office of chairman or member of a Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950,] [Sub-clause (d) inserted by W.B. Act 3 of 1983, w.e.f. 21.1.1983.] [or the office of member of the West Bengal Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974,] [Words, figures, and brackets inserted by West Bengal Act 7 of 1984, w.e.f. 4.2.1984.] if the holder of such office is not entitled to any remuneration other than compensatory allowance.Explanation. - For the purpose of this sub-clause, "compensatory allowance" shall mean any sum of money payable to the holder of the office as aforesaid by way of daily allowance (such allowance not exceeding the amount of daily allowance to which a member of the West Bengal Legislative Assembly is entitled under the Bengal Legislative Assembly (Members' Emoluments) Act, 1937), any 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; or(ii)that he has been enrolled in the National Cadet Corps raised and maintained under the National Cadet Corps Act, 1948, or in the Territorial Army raised and maintained under the Territorial Army Act, 1948, or in the West Bengal National Volunteer Force raised and maintained under the West Bengal National Volunteer Force Act, 1949 [or in the Air Defence Reserve or the Auxiliary Air Force raised and maintained under the Reserve and Auxiliary Air Forces Act, 1952] [Words inserted by West Bengal Act 22 of 1959.], and receives emoluments consequent thereon.
