Section 3 in Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971
3. Prevention of disqualifications for membership of the Legislative Assembly of Himachal Pradesh.
- A person shall not be disqualified for being chosen as, and for being, a member of the Himachal Pradesh Legislative Assembly 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:-(a)the office of the Deputy Minister or Minister of State;(b)any office held by a Minister, Minister of State, or Deputy Minister whether ex-officio or by name;(ba)[ the office of the Political Advisor to the Chief Minister;] [Clause (b-a) added vide H.P. Act No. 11 of 2005, effective from 24th January, 2005.](c)the office of the Speaker or the Deputy Speaker of the Himachal Pradesh Legislative Assembly or of Parliament or of the Legislative Assembly of any other State;(d)the office of the Chief Parliamentary Secretary or Parliamentary Secretary;(e)the office of the Chief Whip, Deputy Chief Whip or Whip in any Legislative Assembly or in Parliament;(f)the office of village revenue officer whether called a lamberdar, malguzar, patel, deshmukh or by any other name, whose duty is to collect land revenue and who is remunerated by a share of or commission on, the amount of land revenue collected by him, but who does not discharge any police functions;(g)any office in the National Cadet Corps, the Territorial Army, the Air Defence Reserve and the Auxiliary Air Force under any law for the time being in force;(h)the office of a member of a Home Guard constituted under any law for the time being in force in any State;(i)the office of Chairman or member of the Syndicate, Senate, Executive Committee, Council or Court of a University or any other body connected with a University;(j)the office of the Vice-Chancellor of any University;(ja)[ the office of the Chairman or Vice-Chairman of any statutory or non-statutory body, where the power to make the appointment or power to remove the person from the office is vested in the State Government;] [Clause (j-a) added vide H.P. Act No.13 of 1996, this amendment shall be and shall always be deemed to have been made with effect from 1st day of July, 1994 vide H.P. Act No. 15 of 1997.](k)the office of a member of any delegation or mission sent outside India by the Government of India or the Government of any State or sent outside the State of Himachal Pradesh by the Government of the said State for any special purpose;(l)the office of chairman or member of a committee (whether consisting of one or more members) 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, if the holder of such office is not entitled to any remuneration other than compensatory allowance;(m)the office of [* * *] [The words and sign 'chairman or vice-chairman,' deleted vide H.P. Act No. 13 of 1996 and this amendment shall be and shall always be deemed to have been made with effect from 1st day of July, 1994 vide H.P. Act No. 15 of 1997.] director or member of any statutory or non-statutory body other than any such body as is referred to in clause (l) if the holder of such office is not entitled to any remuneration other than compensatory allowance;(n)the office of any honorary medical officer or honorary assistant medical officer in a hospital under Government management;(o)a person drawing his service pension, political pension or grant, mansab, charitable grant or commutation sum of compensation in respect of a jagir, inam or other grant;(p)the office of an agent or other like office for the purpose of effecting sales of or collecting subscription towards, National Plan Certificates or any other savings certificates or Government securities notified as such by the Central Government for such commission as the Central Government may have fixed in that behalf or without such commission;(q)the office of an examiner for any examination held by the Central or State Government or by the Union Public Service Commission or any State Public Service Commission;(r)the office of Sarpanch or member of a Panchayat under any law for the time being in force [;] [Substituted for the sign '.' vide H.P. Act No. 8 of 1979.](s)[ notwithstanding anything contained in clauses (l) and (m) of this section, the office of [the Chairman, Vice-Chairman or] [Clause (s) added vide H.P. Act No. 8 of 1979.] member of Commission for Scheduled Castes and Scheduled Tribes appointed by the Government of India [or the office of the Deputy Chairman of the Himachal Pradesh State Planning Board constituted by the State Government.] [Inserted vide H.P. Act No. 26 of 1979.] ]
