ORISSA ACT 26 OF 1961 '[THE ORILCSA OPIFXCES OF PROFIT (REMOVAL OF DISQUALIFICATIONS ) ACT, 19611 [ Received the assent of tlze Governor on the 2 js t December 196 1, flrsr Published in an extraordinury issue oj the Orissa Gazette, dared the 29th Deaetnber 19611 AN ACT TO DECLARE CERTAIN OFFICES OF PROFIT UNDER THE GOVERNMENT OF INDIA OR GOVERN- MENT OF ANY STATE NOT TO DISQUALIFY THEIR HOLDERS FOR BEING CHOSEN AS OR FOR BEING MEMBERS OF TKE ORISSA LEGIS- LATIVE ASSEMBLY BE it enacted by the Legislature of the State of Orissa in the Twelfth Year of the Republic of Iridia as follows :-
1. ( I ) This Act may be called the Orissa Officesshort ti* of Profit (Removal of Disqualifications) Act, 1961. andextent-
(2) It extends to the whole of the State of Orissa.
2. In this Act, unless the context othenyise , . -hitiom requires,-
(a) "compensatory dllowance" means any sum @f money payable to the holder of an office by way of daily allowance [such allowance not exceeding ( i ) ill the case of Committees Set up by or bodies under the Central Government, the amount of daily allowance to which a member of Parliament is entitled under the Salaries and Allowances of Members of Parliament Act, 1954, and (ii) in the case of Committee set up by or bodies under the State Government, the amount of daily allowance to which a member of the Orissa Legislative Assembly is entitled under the Orissa hgislative Assembly Members' Salaries
1. For the Statement of Objects an4 Reasons. see Orirra Gazerte, mtraordinarv. dated the 4th Octobcr 196 1 (No. 681).
406 THE ORISA OFFICES OF PROFIT (REMOVAL OF [Or. Act 26 and Allowances Act, 19541, any convey- ~~~~~ ance allowance, house-rent allowance or travelling al1o:vance for the purpose of enabling him to recoup any expenditure incurred by him in performing the f m ~ ' tions of that ofice ;
(6) "non-statutory body" means any body of pcrsons other than a statutory body ;
(c) '3tatutory body" means any corporation, committee, commissron, council, board or other body of persons, whether incorporated or not, established by or under any law for -the time beirig in force.
a r t a i m 3. It is hereby declared that none of the following ;g$p;offias in so far as it is an oE,ce of profit under the pwbru. Government of India or the Government of -any State, shall disqualify the holder thereof for being chosen as, or .for being a member of the Orissa Legislative Assembly, namely :-
(a) any office held by a Minister '[,Minister of State] or Deputy Minister for the Union or for any State, whether ex oficio or by name ;
(6) the office of the Speaker or the Deputy Speaker of the Orissa Legislative Assembly or: of Parliament and Legislative Assembly of any other State ;
(c) the qfice of the Chief Whip, Deputy Chief Whip or Whip in any Legislative Assembly or in Parliament or the Office of a ParIiarnentary Secretary; . ;
(d) the office of a member of any fk@ raised or maintained under the Natio-nal Cadet Corps Act, 1948, the Territorial Army 31 or 1948 Act, 1948, or the Reserve and Auxiliary zi z! \g;
Air Forces Act, 1952 ;
(e) the office of a member of a. Home Guard constituted under any ' law for the time .
&ing in force in any State ;
-I a - I
1. Inserted by the Or- Offices of Profit (Removal bf Dispudifications ) ( Amendment Act, 1974 C Or. Act 3 of 1974 1. s. 2.
(f) the office of Chairman or member of the Syndicate, Senate, executive committee, coyncil or court of a University or any other body connected with a University ;
(g) the office of a member of any delegation or mission sent outside India by the Government of India or of any State or sent outside-the State of Orissa by the Govemment of the said State for any special purpose ;
(h) 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 ;
,
(i) the ofice of Chairman, Director or member of any statutory or non-statutory body other than any such body as is referred to in clause (A), if the holder of such office is not entitled to any remuneration other than ccrnpensatory allowance- but excluding (i) the office of Chairman of any statutory or non-statutory body specxed in Part I of the Schedule, ,and (ii) the office of Chairman or Secretary of any statutory or non-statutory body specified in Part 11 of the Schedule ; I the office of village revenue officer, whether caUed a lambarder, . Gauntia, Karjee, Karanam, Sarvarakar or by any other name, whose duty is to collect land revenue I , and who is remunerated by a share of, : or commission on, the amount of land revenue co1lec:ed by him, but does mt discharge any police functions.
(Sew. #-a T C ~ ~ O V ~ Y 4. If a person being a member of the Orissa suspension jsguali- Legislative Assembly who immediately before the scation in commencement of this Act held an office of profit certain cases. declared by any law xepealed by this Act not to disqualify the holder thereof for being such member, becomes so disqualified by reason of any of the provisions contained iu this Act, such office shall not, if held by such person for any period not extending beyond a period of six months from the commencement of this Act, disqualify him for being a member of the Orissa Legislative Assembly.
Repeal 5. The Orissa Offices of Profit (Removal of Disqualifications) Act, 1 95 1 and any provision in o r i u a ~ c t 3 s of 1951.
any other enactment whlch is inconsistent with this Act are hereby repealed.
DISQUALIFICAT~ONS) ACT, 1961
SCHEDULE 1 See section 3 ( i ) ]
PART I BODIES UNDER THE CZNTRAL GOVERNMENT Air-India International Corporation established under section 3 of the Air Corpora.
tlons Act, 1953 (27 of 1953).
Air Transport Council constituted under section 30 of the Air Corporations Act, 1953 (27 of 1953).
Board of Directors of the Expert Risks Tnsuraace Corporation (Private ) Limited Board of Directors of the Heavy Electricals (Private) Limited Board of Directors of thc Hindustan Cables (Private) Limited Board of Directors of the Hindustan Insecticides (Private) Limited Board of Directors of the Hindustan Machine Tools (Private ) Limited Board of Directors of the Windustan Shipyard Limited Board of Directors of the Nangal Fertilisers and ChcmicaIs (Private) Limited Board of Directors of the National Cod Development Corporation (Private) Limited Board of Directors of tde National Development Corporation (Pfivate) Limittd Board of Directors of National Instruments (Private) Limited Board of Directors of the National Small Industries Corporation (Private) Ljmittd Board of Directors of the Ncyveli Liguite Corporation (Private) Limited Board of Directors of the Sindri Fertilisers and Chemicals '(Private) Limited Board of Directors of the State Trading Corporation of~hdia private) M t e d Central Warehousing Corporation established under section 17 of the Agricfmal Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956).
Coal Board established under section 4 of the Coal Mines (Conservation and Safety) Act, 1952 (12 of 1952).
Cod Mines Labour Housing Board constituted under section 6 of the Ceal Mines Labour Welfare Fund Act, 1947 (32 of 1947).
Commissioners for the Port of Calcutta Caynittee for the allotment of land in the township of Gandhidam Company Law Advisory Commission constituted under section 410 of the -cr Act, 1956 (1 of 1956). ';
Cotton ~extiies Fund Committee cunnihltcd under the Textile Funds -.a, 1944 (34 of 1944).
410 ' THE ORISSA OFFICES OF PROLIT (RBMOVAL OF , [Or. Act 26 (Sch .-con fd-) Dock Labour Board, .Bombay, established under the Bombay Dock Workers-(Regulation of Employment) Scheme, 1956 made under the Dock. Workers (Regulation of Employment) Act, 1948 (9 of 1948).
Dock Labour Board, Calcutta, established under the Calcutta Dock Workers (Regu- . lation of EmpIoyment) Scheme, '1956 made under the Dock Workers (ReguIation of Employment) Act, 1948 (9 of 1948).
Dock Zabolr Board, Madras, established under the Madras Dock Workers (Regulation of Employment) Scheme, 1956 made under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948).
Forward Markets Commission established under section 3 of the Forward Contracts (Regulation) Act, 1952 (74 of 1952).
Indian Air Lines Corporation established under section 3 of'the Air Corporations Act, 1953 (27 of 1953).
Inddstrial Finance ~orporation of India established under section 3- of the Industrial Finance Corporaiion Act, 1948215 of 1948).
Licensing Committee constituted under r uIe 10 of the ~ e g i s t r a lion and Licensi~g of Industrial Undertakings Rules, ,1952, made under t h e Tndust,ries (Development and Regulation)' Act, 1951 (65 of 1951).
. .
Mining Boards constituted under section 12 of the Mines Act, 1952 (35 of 1952).
National Co-operative Development an d Warehousing Board established unde~ section 3 of the AgricaIturaI Produce (Development and Warehousing) Corporations Ad, ,1956 (28 of 1956).
Rehabilitation Finance Administratibn constituted under section 3 of the Rehabilitation Finance Administration Act, 1948 (12 of 1948).
Tariff Commission established under section 3 of the Tariff Commission Act, 1951 (50 of 1951).
Trustees of the 'Port of Bombay.
Trustees of the Port of Madras.
Trustees of Commissioners of any major Port as defined in the Indian Ports Act, .
I908 (15 of 1908) other than the Port of Calcutta, Bombay .or Madras.
Appeal Committee under the Board of .Secondary Education.
Orissa Board of Communications and Transport.
Regional Transport Authority constituted under section 44 of the Motor Vehiclas Act, 1939 (4 of 1939). .
State Tr~sport Authority constituted under section 44 of the Motor Vehicles Act, 1939 , (4 of 1939):
. , Dgard of Directors of the Orissa Mining Corporation Limited.
-Board of ~kectors of the 0dssa State Warehousing Corporation.
PART II ~ d v i s o r ~ Committee for the Air-India Tnternational Corporation appninted under section 41 of the Air Corporations Act, 1953 (27 of 1953).
Advisory Committee for the Indian Air Lines Corporation appointd under section 41 of the Air Corporations Act, 1953 (27 of 1953).
Central Silk Board mnstituted under section 4 of the CentraI Silk Board Act, 1948 (61 of 1948).
coffee ' Board constituted under seclion 4 of the Coffee Act, I942 (7 of 1 942).
Coir Board constituted under section 4 of the Coir Tndustry Act, 1953 (45 of 1953).
~e~eIopment Cobncil for Acids and Fertilisers established under section 6 of the lndustrics (Development and Rcgulat ion) Act, 19 51 (65 of 1951).
DeveIopment Council for Alkalis and Allied Tndustsics ,established under sectioc 6 of the Xndwtries ,(Develop'ment and Regulation) .
, Act, 1951 (65 of 1951).
Development Council for Bicycles established under section 6 of the Iaduatri8l (I3wetopment and Regulation) Act, 1951 (65 of 1951).
Development Council for Drugs, Dyes and Intermediates establishd. ~rnder section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951).
Development Council for Food Processing Industries established under section 6 of the Industries (Development and Regulstiqn) Act, 1951 (65 of 1951).
Oevelopment Council for Heavy Electrical Engineering Industries established l lder , section 6 of the Industries @evelopment and Regular ion) Act, 1951 (65 of 1951).
t' evdoprnent Council for Internal Combustion Engines and Power Driven Pumps esta lished under section 6 of the-Industries ~evelopment and. Regulation) Act, 1951 - (65 of 1951).
Development Council for Light Electrical Enginering Tndustries established under section 6 of the Industries @evelopmerit- and Regulation) Act, 1951 (65 or 1951).
Development Council for Machirtc Tools established under section 6 of the Industries (Development and Regulation) Act, 1951. (65 of 1951).
. .
Development CounciI for Non-ferrous Metals including alloys dtabtished under Section 6 of the Tndlrstries (Development and Rehlation) Act, 1951 (65 of 1951).
Development Council for oil-based arid PIastic Industries established under section 6 of the Tndrrstries (Develqpment and Regulation) Act, 1951 (65 of 1951).
/ DeveIopment Cou9ciI for Sugar Industry established under section 6 of the ~ ~ d ~ ~ .
tries (Oevzlopment and Regulation) Act, 1951 (65 of 1951).
412 THE ORISSA OFFICES OF PROFIT (KFMOVAE OF [ Or. ~ c t 26 DISQUALIFICATIONS) ACT, 1 96 1 of 19611 ISch .-colt fd.)
Development Council for Textiles made of artificial silk including artificial silk yarn m&blisbed under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951).
Development Council for Textiles made of wooI, including woollen yarn hosiery, mrpets and druggets established under section 6 of the Industries (Development and Regulation) Act, 1951 (65 of 1951).
nurgah Committee, Ajmer, constituted under section 4 of the Durgah Khawaja .Saheb Act, 1955 (36 of 1955).
Indian Central Arecanut Committee.
fndian Central Coconut Committee constituted under section 4 of the Indian Coconut Committee Act, 1944 (10 of 1944).
Indian Central Cotton Committee constituted under section 4 of the Indian Cotton Cess Act, 1923 (14 of 1923).
Indian Central Jute Committee.
Indian Central OiI-seeds Committee constituted under section 4 of the Indian Oila d s Committee Act, 1946 (9 of 1946).
Indian Central Sugarcane Committee.
'Indian Central Tobam Committcc.
mian Lac Cess Committee constituted under section 4 of the Indian h c Ceas ~ c t , 1-930 (24 of 1930).
Rubber Board constituted undet section 4 of the Rubber Act, 1947 (24 of 1943.
Tea Board constituted under section 4 of the Tea Act, 1953 (29 of 1953).
Board of Wakfs constituted bnder the M u s h Wakfs Act, 1954 (29 of 1954).
Board of Secondary Education constituted under the Orissa Secondary ~ d u ~ a i i o n Act, 1952 (Orissa Act 10 of 1953).
Regulated Market Committee.