C.B. (1) No.84

LOK SABHA

REPORT OF THE COMMITTEE ON OFFICES OF PROFIT

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PART I

LOKSABHA SECRETARIAT, NEW DELHI November, 1955

CONTENTS PAGES

(i)1. Members of the Committee on Offices of Profit1-432. Report

3. Annexures

Reports of Sub-Committees 'A', 'B' and 'C' of the Committee on Offices of Profit 44-68

II. House of Commons Disqualification Bill III. Advisory Committees IV. Bodies where members are elected by Parliament V. Commodity Committees and Development

cils Co un VI. Non-advisory Committees membership of which is non 109-111 objectionable. . VII. Non-advisory Committees membership of which might entail 112 disqualification

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107 108

69-102103-106

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MEMBERS OF THE COMMITTEE ON OFFICES OF PROFIT

Lok Sabha

1. Pandit Thakurdas Bhargava-Chairman 2. Shri V. B. Gandhi 3. Shri S. V. Ramaswamy 4. Shri K. Raghuramaiah . 5. Shri Vishwambhar Dayal Tripathi 6. Shri R. V. Dhulekar 7. Shri Anirudha Sinha 8. Shri S. S. More 9. Shri Kamal Kumar Basu

*10. Shri N. Ramaseshaiah

Rajya Sabha

1. Shri M. Govinda Reddy

2. Kazi Karimuddin 3. Shri Amolakh Chand

4. Pro . G. Ranga f 5. Shri Rajendra Pratap Sinha

SECRETARIAT

Shri M. N. Kaul-Secretary. Shri S. L. Shakdher-Joint Secretary.

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* Nominated on the 25th February, 1955 in place of Dr. Lanka Sundaram resigned

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REPORT

CHAPTER 1

INTRODUCTION

I, the Chairman of the Committee on Offices of Profit, having been authorizedby the Committee to present the report on their behalf, present this their reportcontaining their recommendations, suggestions and conclusions reached on thebasis of the material collected and placed before the Committee (See Part II of the Report) .

2. Articles 102 and 191 of the Constitution of India lay down the disqualifications for membership of Parliament and State Legislatures respectively. Article 102 (1) (a) lays down that---

"A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament

(a) if he holds any office of profit under the Government of India or theGovernment of any State other than an office declared by Parliamentby law not to disqualify its holder;"

Article 191(1)(a) is also worded similarly

3. Parliament have passed following enactments for the purposes of declaring offices the holding of which shall not incur disqualifications for membership of Parliament:

(a) The Parliament (Prevention of Disqualification) Act, 1950 (XIX of 1950).

(b) The Parliament Prevention of Disqualification Act, 1951 (LXVIII of 1951).

(c) The Prevention of Disqualification (Parliament and Part C States Legislatures) Act, 1953 (I of 1954).

However, it was widely felt that none of the above enactments had decided the matter appropriately covering all the necessary aspects of the problem to thesatisfaction of all concerned.

Some of the States have also passed legislation exempting holders of certainoffices from disqualification.

4. Many members, representing almost all the shades of opinion in the House,felt that the question as to which of the offices should

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disqualify and which should not, needed careful scrutiny and consideration. They approached the Speaker and expressed their anxiety in this respect. Accordingly a meeting of the members of the Panel of Chairmen, Chairmen of the Parliamentary Committees and Leaders of Groups was held in the Speaker's Chamber on the 30th April, 1954 to consider this question. Paras 2 and 3 from the minutes of the said meeting, reproduced below, reflect the opinion held and expressed by those who attended the meeting.

"At present it was left to the Government to make proposals in this connection in the shape of a Bill which was discussed in the House and the House came to a decision. It was noted that the main criterion to determine whether an office was an office of profit or not was the emoluments that a member was likely to receive if he held such an office. The meeting thought that it was not a satisfactory position and other aspects of the matter such as the position, power or patronage enjoyed by the holder of that office were also relevant factors which should also be taken into account even though there was no monetary advantage to him.

The meeting also noted that the present Act was inadequate and the question of making it comprehensive also bristled with

difficulties. The Ministry of Law had also expressed that it was. a difficult problem. It was also pointed out that the Act would never be comprehensive inasmuch as, though it could crystallize the position on a particular date cases might arise after the Act was passed and the question would always come up in one form or another and there was need to have the matter under constant review."

5. The Speaker, in consultation with the Chairman of the Rajya Sabha responded to the unanimous desire of the members by constituting this Joint Committee on the 21st August, 1954, under the Chairmanship of Pandit Thakurdas Bhargava, M. P. to study the various matters connected with the disqualification of members under Article 102(1)(a) of the Constitution.

6. The terms of reference of the Committee were as follows: (i) to study various matters connected with the disqualification of

members and to make recommendations in order to enable the Government to consider the lines along which a comprehensive legislation should be brought before the House, and

(ii) to collect facts, data and to make suggestions as to how the matter should be dealt with.

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3 7. The Committee held 20 sittings to consider the question referred to them, on the 25th November, 1954, 16th and 17th February, 15th, 16th, 18th, 26th,27th,28th ,and 29th July 13th, 17th, 24th and 27th August, 29th September, 3rd, 4th, 18th, 19th and 20th October, 1955. The Committee also held informal sittingson the 29th September, 1st October, 1954 and 9th May, 1955. The Committeehad divided themselves into three sub-Committees 'A', 'B' and 'C' which met on the 18th, 19th and 20th July, 1955 for undertaking detailed examination of thematerial placed before them. Reports of the sub-Committees are at Annexure I. The Committee also appointed a Drafting sub-Committee which held 7 sittings on the 4th, 5th, 6th.,7th, 8th, 10th and 11th October, 1955.

8. The Committee appreciated the immensity and complexity of the taskassigned to them and decided in their first sitting to collect facts, data etc. forstudying the various matters connected with the disqualification of Members ofParliament. The Secretariat was directed to get in touch with the differentDepartments of the Government of India and the State Governments for obtainingthe necessary material on the subject. Based on the material furnished by theMinistries of the Government of India and the State Governments the Lok Sabha Secretariat prepared various memoranda for each of the group or groups ofCommittees, Commissions etc. giving information, about their compositions,functions and the fees or allowances etc. payable to the members of the said bodies. The Committee appreciate the help rendered by the Ministries of the Governmentof India and State Governments in supplying the relevant material which hasenabled them to cover the various aspects of their enquiry.

9. The Committee realizing that the collection and study of the relevant materialwould entail some time, approached Government for extending the life of Act 1 of1954 for one year more. This was agreed to by Government.

CHAPTER II

HISTORICAL SURVEY

I. UNITED KINGDOM 10. The idea that certain offices or places held by a Member of

Parliament may be either incompatible with his duty as an electedrepresentative of the people or affect his independence and thus weaken hisloyalty to his constituency and, therefore, should disqualify the holder thereof, had its origin in the Parliamentary history of the United Kingdom. The Committee accordingly studied the law and practice governing thedisqualification for membership of the House of Commons of the United Kingdom by reason of the holding, or the acceptance of offices or places ofprofit under the Crown.

It was realized that the state of law and practice in the United Kingdomwas far from clear. Even the Select Committee on Offices or Places of Profitunder the Crown, (1941), appointed in U.K. to enquire into the law and practice governing the disqualifications for membership of the House ofCommons, by reason of the holding, or the acceptance of, offices or placesof profit under the Crown was constrained to State:

"There is no comprehensive statement of the law on this subject which can be regarded as authoritative. The standardconstitutional works of reference are mainly concerned withthe statutory portion of the law, which of itself is toovoluminous to be treated by any one of them exhaustively.But there is another portion consisting of ancient resolutions of the House of Commons which, though mostly reinforced orsuperseded by later legislation, still determine the law in someparticulars. Another part of the law is composed of judicial or quasi-judicial decisions of the House on individual cases(mostly in the eighteenth and nineteenth centuries), placing onrecord the House's interpretation of the Law. These are ofvalue in clearing up some of the obscurities of the principal statutes, but there is no complete collection of them inexistence. Thus the law, as a whole, is composite in character,part statute and part practice; it cannot be studied incompilations,. but has to be sought for in the original sources-the statute book

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the Commons' Journals and the reports of select committees”. (page 6, para 5).

11. There is not as yet any comprehensive statute on the subject in the United Kingdom. But a Bill known as "House of Common Disqualification Bill" was introduced in the House on the 12th July, 1955, embodying some of the recommendations of the above mentioned Select Committee. (See Annexure II). 12. Thus, the concept of office of profit has a history of more than three centuries during which period it has undergone many changes and is yet far from being precisely understood and defined. The confused state of law in this respect and the obsolete character of many of the relevant legal provisions are

e legacies of the evolution of this idea through different phases of history in e United Kingdom.

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Three of the principal phases of this evolution are: (1) The "Privilege" Phase, before 1640. (2) The "Corruption" Phase, from 1660. (3) The "Ministerial Responsibility" Phase after 1705.

13. In the beginning it was claimed that Parliament had priority over theservices of its Members and it was considered derogatory to its privilege ifany of its Members accepted some other which would require a great dealof his time and attention. Thus evolved the idea that the holding of certainoffices would be incompatible with the responsibility of a Member to theHouse. On this ground of incompatibility many offices, such as those ofAmbassadors, Governors of American colonies, Sheriffs and Judges wereheld to incur disqualification. This phase has been termed as the "Privilege"phase of this controversy.

14. Then came the "Corruption" phase. During this phase a violent andprotracted conflict developed between the Crown and the House ofCommons which was struggling to become sovereign. Loyalty to the Kingand the loyalty to the House of Commons, as representing the will of thecommon people, became growingly irreconciliable. It was thought that ifany Member accepted an Office of Profit under the Crown there was every chance of his loyalty to Parliament being seduced. On the one hand therewas the desire on the part of the King to get as many adherents fromamongst the Members of Parliament, as he could; and on the other, therewas the resistance on the part of Parliament to any, such

6 attempt. This led to the passing of Act of Settlement in 1701, which laid down that nobody could accept an office of profit under the Crown without losing his seat in Parliament.

15. Then came the "Ministerial" phase. At the end of the second phase the King accepted his defeat and was reduced to the position of a constitutional head. The cabinet, functioning in the name of the Crown, came to be the centre of the executive government. The Privy Councillors, who were during the second phase invariably the stooges of the King and as such looked upon with suspicion by the House of Commons, yielded place to the ministers who also, for some time, were treated at par with the Privy Councillors and disqualified to hold a seat in the House. Some time later it came to be recognized that the disqualification rule regarding ministers was too extreme., With a view to having an effective coordination between the executive and the legislature it was accepted that members of the executive should be represented in Parliament. This recognition led to the passing of several enactments, such as the Re-election of Ministers Act, 1919 and 1926, the Ministers of the Crown Act,1937, the Ministers of the Crown (Emergency Appointments) Act, 1939, and the House of Commons Disqualification (Temporary Provisions) Act, 1941.

16. But this relaxation of the provision in the case of Ministers, as provided in the Succession to the Crown Act, 1707, popularly known as "Statute of Anne" was not unqualified and unrestricted. A ceiling on the number of Ministers who were to be saved from disqualification was imposed. The recent position has been stated by the U. K. Select Committee on Offices or Places of Profit under the Crown, 1941, in the following words:

"A limit on the number of ministers in the House of Commons isnecessary as was recognized and provided for in the Act of1707. The normal total number of ministerial offices ingovernment departments is about 60 and the maximum numberof ministers permitted in the House of Commons immediatelybefore the present war was 57, and the number actually sittingwas 47. Immediately before the outbreak of war in 1914, thenumber actually sitting was 36. The tendency therefore inrecent years has been for the number of ministers sitting in the House to increase. With a House consisting of 615 members asat present (or omitting the Speaker, the Chairman of Ways andMeans and the Deputy Chairman, 612), 57 or say 60, would beunder one-tenth, or about 10 percent of the total voting strength of the House, a number which could scarcely beregarded as a dangerous proportion.

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It would permit of 13 more than the numbers sitting in the House of Commons immediately before the outbreak of the present war" (page 15, para 23).

II. OTHER COUNTRIES

17. This concept of office of profit travelled from the United Kingdomto other countries where British Parliamentary form of Governmentprevailed, though with some modifications. The United States of America,Canada, Australia, South Africa, Ceylon and Iraq have incorporated in theirconstitutions the provisions of office of profit resulting in thedisqualification of the holder thereof for being chosen, and from being,member of the Legislature.

III. INDIA

18. The concept of disqualifying the holder of an office under the Crown was imported from Great Britain and has developed as a necessary and inseparable part of a democratic government. Till 1854 all, power of legislation was concentrated in the hands of the Governor-General and his four Councillors. The Act of 1853 attempted to soften the bureaucratic character of the administration. The Council of the Governor-General was expanded by the addition of two judges and four official representatives of the provincial governments. This expanded council, however, assumed the functions of "petty parliament" to redress the grievances and to criticize the conduct of the executive authority. Ultimately the Indian Councils Bill, 1861, was introduced in the House of Commons to prevent the Council from being "a debating society" in the words of Sir Charles Wood who was piloting the Bill. Earls De Gray and Ripon, similarly assured the House of Lords that the Government had decided to make special provisions in the Bill "to prevent the Council assuming again the functions of a little Parliament."

The Indian Councils Act, 1861 (24 and 25 Vict. C. 67) marked the first important step in the direction of decentralization and by association of Indians with the business of legislation it sowed the seeds of representative institutions. It laid down the framework of the Constitution of India which remained substantially unchanged for the next 60 years. After 1861, the Indian Councils Acts, 1870, 1874, 1892 and 1909 were placed on the statute book for the purpose of making a few concessions to the growing popular demand for a substantial measure of self-government.

19. The Government of India Act, 1915 consisting of 135 sections andfive schedules was passed with a view to consolidate the numerous Acts of Parliament relating to the Government of India.

8 Some of these enactments had introduced an element of election;particularly, the Act of 1909 embodying the Morley-Minto proposals which had created a non-official majority in the provincial legislatures. This non-official majority composed of non-official and elected members, but theinfluence of officials predominated though their number was restricted.

20. The concept of office of profit began to develop with the entry of non-official members in the Legislature. Section 1(2) of the Act of 1909 and section 63(2) of the Act of 1915 referred to " Vacancy" caused by "the acceptance of office" under the Crown. The Government of India Act, 1919, which provided for the election of 70 percent. of the members of the Governor's Legislative Councils and limited number of nominated officials-not more than 20 per cent. of the total number of members (vide section 7) gave definite elaboration to this question of offices in the service of the Crown in India i.e. under the Crown. Section 14 referring to provincial legislatures and section 22 referring to the Central Legislature laid down as under: .

"14. An official shall not be qualified for election as a member of a local legislative council, and, if any nonofficial member of a local legislative council. whether elected or nominated, accepts any office in the service of the Crown in India, his seat on the Council shall become vacant:

Provided that for the purpose of this provision a minister shall not be deemed to be an official and a person shall not be deemed to accept office on appointment as a minister."

"22. (i) An official shall not be qualified for election as a memberof either chamber of the Indian Legislature. and. if any non-official member of either chamber accepts office in the serviceof the Crown in India, his seat in that chamber shall becomevacant."

21. A clear and precise statement in this direction was made by theGovernment of India- Act, 1935 by sections 26(1)(a) and 69(1)(a). Thesesections authorised the Central and State Legislatures to declare offices bylaw which were not to disqualify their holders.

The Governor-General promulgated an Ordinance No. LXII of 1942, dated the 20th November, 1942 in order to declare certain offices in the service of the Crown in India, the holders of which

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were not disqualified for election or continuance as a Member. of either Chamber of the Indian Legislature. For the first time, certain offices not exempted by the Government of India Act, 1935 were prevented under thisordinance from incurring disqualification.

22. These sections 26(1)(a) and 69(l)(a) of the Government of India Act,1935 with consequential changes are reproduced in the Constitution of India as Articles 102(1) (a) and 191(1) (a) respectively. The Constitution,however, has not defined what constitutes an office of profit the holding ofwhich would disqualify a member within the meaning of the said Articles.Parliament has, however, been empowered to declare by law the offices the holding of which would not disqualify a member.

23. It is thus clear that the concept of office of profit disqualifying itsholder, unless exempted by the Legislature, from being chosen as or for 'being a member of a representative legislature is an essential part of democracy which has to be guarded against the influence and authority of the executive.

24. According to one of the terms of reference, the Committee havestudied the various matters connected with the disqualification of membersto be able to recommend to Government the lines on which acomprehensive legislation could be brought before Parliament. The.Committee cannot fulfil their task unless they attempt to define what is"office", what is "profit" and what is the exact meaning of the words "underthe Government of India or the Government of State". This attempt atdefining these terms has to be made by constantly keeping in view thegoverning principle that the independence of the members of Legislaturehas to be preserved and kept free from the influence of the executive.

The term "office" is not capable of being accurately defined. The termconnotes ideas of tenure, duration, emoluments and duties (U.S.A.V.Hartwell). It has also been held that an office is an employment on behalfof Government in any state or public trust and not merely transient,occasional or incidental (20 John Rep. 492, 7th Ohio State 556). In popularusage the term connotes membership of a Committee or Commission etc.appointed for a particular or temporary purpose.

CHAPTER III

MEANING OF OFFICE AND PROFIT

25. Though the law in England on this point is, in the words of the U.K. Select Committee on Offices or Places of Profit under the Crown, (1941),"archaic. confused and unsatisfactory", the Committee are constrained to look to them for some guidance in this matter. The English law classifies"office" into two categories-political offices and non-political offices. The first category of offices Consists of Ministers, Secretaries of State,Presidents of Boards, Parliamentary Secretaries, etc. who function as thepolitical heads of the various departments of Government. There is also aclass of household officers who also come under this head. Ambassadorsand Governors will also fall under this division.

26. In the second category of offices are included members of the CivilService, Judges, etc. who are in the permanent employment of Government.Besides these offices which are held by individuals there is an entirelydifferent variety of offices which a member of a Legislature is frequentlycalled upon to hold i.e., membership of

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a Committee. A democratic Government is becoming increasingly a Government by committees. With the growing functions of a Welfare State, Committees, Commissions and Statutory Boards and similar organizations are coming into existence in a growing number they may be ad hoc or otherwise. Membership of such bodies is undoubtedly an office. Whether it should ordinarily be a disqualification for its holder is a question dependent on the function and character of the body concerned.

27. To define "profit" is more difficult. Shri C. C. Biswas, UnionMinister of Law and Minority Affairs, speaking on the 24th December,

1953 in the debate in the Lok Sabha relating 'to the Prevention of Disqualification (Parliament and Part C States Legislatures) Bill, 1953, said:

" ..... ..As the disqualification mainly arises from the officebeing an office of profit it is necessary to consider what

profit means ............ Now, so far as profit is concerned, gene- rally no doubt profit is interpreted in terms of rupees, annas, pies-.-it means monetary . profit. But in some cases the view has been taken that office includes something more than that. Even where it is not monetary profit, but other benefits, that also may come within the meaning of the word ‘profit’. For instance, if the office is one to which some power or patronage is attached, the office is one in which the holder is entitled to exercise executive functions, an office of dignity, of idea being that Government must not be in a position to seduce a Member of Parliament by placing him in a position where he can exercise authority, where he thinks he is a somebody and either he has got some money or he is otherwise made very important. All these temptations must be removed. That being the object, the word ‘profit’ has been given a larger interpretation” (ParI. Deb. House of the People dated the 24th December, 1953, Col. 3113, 3114).

28. When a Member of a body is permitted to get some monetary benefit, the, question of its quantum assumes importance and becomes a matter of serious consideration. This monetary benefit may be

in the nature of a salary attached to the membership or office. When it is a salary attached .to the office, it immediately and indisputably makes the office an "office of profit", but when the monetary benefit may be in the nature of a salary attached to the membership or office. When it is a salary attached to the office, it immediately and indisputably makes the office an “office of profit”, but when the monetary benefit is in the nature of an allowance or fee, it makes the question of declaring the office to be an “office of profit” a bit difficult one. In every such case, the Member of a committee is permitted to draw certain

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al1owances. So far as travelling allowances are concerned, the rule in England and everywhere-where such a rule prevails is that if one draws no more than what is required to cover the actual out-of pocket expenses, it will not act as .a disqualification. So far as the house rent, travelling, and conveyance allowances are concerned, there is likely to be little trouble about them, as the allowances are utilized for the purpose of paying rent of the house, travelling and conveyance charges and do not give pecuniary benefit to the person to whom they are paid, but the matter of daily allowance is not free from doubt. It has been held in many countries that the quantum of daily allowance should be such as not to be a source of income to the holder of the office.

29. Shri S. K. Sen (Chief Election Commissioner) in his order datedMarch 2, 1953, in the matter of Vindhya Pradesh Legislative AssemblyMembers, affirmed this principle by laying down the following propositions: .

(1) When a member of a Council, Committee or board is merely entitled to a bona fide travelling allowance (as distinguished from "sitting fee") which purports to cover,and presumably covers, only his out of pocket expenses and the amount of allowance is not fixed at such a high figure as to make it a mere cloak for giving a profit there is no "profit". Consequently, the payment of first class railway fate to members of the District Advisory Council was not a source of profit to the members. .

(2) The daily allowance at the rate of Rs. 5/- per diem which,was being paid to the Members of the Legislative Assembly was such a reasonable amount that it could not be said to giveany profit to the members of the council who went to meetingsthereof.

(3) But by making the daily allowance the same for resident andnon-resident members, the Government laid itself open to thecharge of offering a certain amount of profit, though a smallprofit, to the resident members, and as the quantum of profit isnot material consideration, members residing .in theheadquarters, who had attended any of the meetings of therespective District Advisory Council should be deemed tohave held office of profit under the Government and,therefore, incurred the disqualification referred to in section 17of the Government of Part C States Act, 1951.

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30. This principle has been accepted by Parliament in the Prevention of Disqualification (Parliament and Part C States Legislatures) Act (Act 1 of 1954). The explanation to sub-clause (b) of clause 2 of the Act runs asfollows:

"for the purpose of this clause, daily allowance means an allowance means which shall not __ (i) in the case of a Member of either House of Parliament when the

House is sitting, exceed Rs. 40/,- per day;

(ii) In any other case exceed Rs. 20/- per day."

. 31. This limit is prescribed on. the assumption that Rs. 40/- per day when the House is sitting and Rs. 20/- per day when Parliament is not in session are just enough to meet the necessary out-of-pocket expenses of a Member attendingthe meeting of such bodies. It is necessary to note here that the amount of dailyallowance stated above has undergone diminution under the Salaries andAllowances of Members of Parliament Act, 1954 (Act 30 of 1954) under which Members are paid a salary of Rs. 400 per month and are also entitled to a dailyllowance of Rs. 21/- per day during sessions of Parliament. a

32. It is frequently contended that a person serving on a Committee or holding an office, for which remuneration is prescribed, may not draw theallowance or remuneration and thus escape disqualification under the relevant provision of law, but some decisions* of the House of Commonshave now left no doubt that a person appointed to an office of profit towhich some remuneration is attached, incurs disqualification whether heaccepts payment or not.

Shri S.K. Sen (Chief Election Commissioner) in his judgment referredto in para 29 above has followed the principle laid down in the Englishcases by stating: "for the purpose of deciding the question of disqualification, so long as any profit was attached to any office, it did notmatter whether the profit has in fact been appropriated or not, and therefore there was no distinction -for the purpose between members who drew theirallowance and those who did not."

33. There is also a case of an office of profit where the actual payment may have fallen into disuse. The stewardship of the

*Arthur Jenkins Case (1941) Journal of’ the Society of Clerks at 'theTable in Empire Parliaments-Vols. XI-XII. pp.26-28. Cases of Mrs. Jean Mann and Mr. John C. Forman (l945)-ibid-Vol. XVI p. 95.

14 Chiltern Hundreds is an instance in point. At present no emoluments are, in fact, received by a person who accepts the said Stewardship and yet theholder of such an office incurs disqualification and has to vacate the seat inthe House of commons on the ground that the Stewardship' is an office orplace of profit.*

34. While discussing the question of monetary benefit, note has to betaken of a point which is frequently raised in this respect. The point made isthat unless remuneration comes from the funds of the Government, nodisqualification can be incurred. The Committee however feel that if theoffice is directly or indirectly under the control of Government it should betreated as an office of profit as has been held in many cases by the House ofCommons, even when the funds for remuneration of the member come from a non-Governmental source.

35. The following quotation from the speech of Dr. Ambedkar, the thenUnion Minister in charge of Law is relevant to the point:

"It is possible to make a further distinction, namely, that a Member of Parliament appointed by Government to a statutory body, such as, under the Coal Mines Safety (Stowing) Act or the Delhi Transport Authority, may be paid out of the funds belonging to that particular authority and not from funds belonging to Government. Whether that would be possible basis for the distinction, I have my doubts. I personally think that that would involve disqualification, because it may be re-garded and interpreted as a fraud upon the statute, by getting a Member of Parliament to be appointed but to be paid by somebody else. I think that is a case which must be excluded". (ParI. Deb. Parliament of India, Part II, 10th March, 1950, C. 1346).

36. Broadly speaking there are five categories of offices from the pointof view of emoluments, which may be deemed to be offices of profit, namely:-

(i) Where a person is appointed to an office of profit and takesremuneration which may, when set against expenses or lossincurred by not being able to follow his ordinary avocation, beless.

(ii) Where a person is appointed to an office of profit even though he does not take remuneration.

*Report from the Select Committee on Offices or places of Profit under

the Crown (1941) p. 19.

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15 (iii) Where a person is appointed to an office of profit although the payment of remuneration may have fallen into disuse. (iv) Where a person is appointed to an office of profit which is not financed from Government funds. (v) Where a person is appointed to an office which may not

give any advantage by way of monetary gain but is an officewhich carries with it honour, influence or patronage.

CHAPTER IV MEANING OF THE TERM 'OFFICES UNDER GOVERNMENT'

37. The Committee had to find out what the meaning or the word "under" in the expression "under the Government of India or the Government of any State" was Sections 24 and 25 of the Succession’ to the Crown Act, 1707 were of some help in ascertaining the precise connotation of the word and in finding out what offices could be declared to be under the Government as mentioned in Article 102(1)(a') of the Constitution of India. The relevant portions are reproduced below: "Section 24. No person, who shall have in his own name ….or for his own benefit any new office or Place of Profit whatsoever under the Crown

which at any time since the 25th October, 1705, have been created orerected, or hereafter shall be created or erected….. shall be capable ofbeing elected, or of sitting or voting as Member of the House ofCommons…..

"Section 25. If any person, being chosen a Member of the House of Commons, shall accept any Office of Profit from the Crown, during such time as he shall continue a member, his election ……..is hereby declared to be void, and a new writ shall be issued for a new election ……. provided nevertheless that such person shall be capable of being again elected…….”

38. In Section 24 the words "under the Crown" and in section 25

the words "from the Crown" are used. The Committee have come to the conclusion that both the words "under" and "from" carry the same meaning. It is possible to argue that the word "from" indicates an office "directly" under the control of the Crown, while the word "under" is used in a more comprehensive sense which will govern offices even indirectly or remotely under the Control of the Crown. The U.K. Select Committee on Offices or Places of. Profit under the Crown, 1941, has itself taken note of such a distinction in the following words: "A further distinction is that section 24 applies to 'offices under the Crown' and section 25 to 'offices from the Crown'. Offices from the Crown are generally understood to be offices the appointment to which is made directly by the Crown and not through the medium of

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17 a minister. They are now limited by law or practice to majorministerial and Household offices. Offices under the Crownnow include all non-political executive offices and also minorministerial offices." (Page 12, para. 17).

The Select Committee have pointed out that the expression holders of office under the Crown" strictly defined, may present some difficulty assome of the offices which entail disqualification ,may remain outside' theambit of such a definition. They, therefore suggested the followingdefinition:

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"The definition of 'holders of office under the Crown' (or whateverother expression be used) may create some difficulty, and itmay be found necessary to include in the Bill a clause providing that certain posts, though not strictly, within the definition, are 'to be deemed to be covered by the expressionused for the purpose of the general disqualification". (Page 14,para 22).

The Select Committee, when recommending the essential provisions for being incorporated in the Bill to be framed, used both the expressions "from" and "under" in their recommendation No.1 ,which is as follows:

"1. Except as hereinafter provided all persons holding an office fromor under the Crown shall be disqualified for election to or forsitting as a member of the House of Commons." (Page 35).

The Explanatory Memorandum to the Bill introduced, in the House of Commons on the 12th July, 1955 refers to the above recommendation andremarks:

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“Under the rules contained in Schedule III an office or place is treated asheld under the Crown if the holder is appointed by Her Majesty or by aMinister or officer of a department of the government of the UnitedKingdom acting as such.”

Schedule III attached to the Bill makes the position sufficiently clear and it reads as under:

"A person holding the office of director, general manager, secretaryor other similar officer of a body corporate holds it under the crown if andonly if

(a) he is appointed to it as mentioned in paragraph 1 of this Schedule; or

18

... j

3. In relation to any body corporate in respect of which rights powers are vested in or exercisable by the Iron and Steel Holding and Realization- Agency; the last foregoing paragraph, and paragraph of this Schedule as applied thereby, shall have effect as if that Agency were an officer or servant of Her Majesty employed for the purpose of a government department. 4. No account shall be taken, in determining whether an office or place is held under the Crown, of the source of any remuneration in respect of it. As stated earlier, the Committee have come to the conclusion that the word “under” in, Articles 102(1)(a) and 191 (1)(a) of the Constitution has been used in a broad sense and must be construed to include even offices which may be remotely under the control of the Central or State Governments.

!

(b) he is elected to it, or is appointed to it otherwise than as aforesaid in the following circumstances, that is to say: (i) where any such Minister or officer or servant as aforesaid has control over the body corporate, either generally or so far as concerns the election or appointment in question; or (ii) where the nomination or recommendation of any such Minister or officer or servant in necessary for the election or appointment in question ; and for the purposes of this paragraph the definition of “control” in section fourteen of this Act shall apply as if the words ‘or any other’ (in both places where those words occur) and the words “first mentioned” were omitted.

CHAPTER V

OFFICES OF PROFIT 39. The Committee are of the opinion that offices under the Gov-ernment of India and the State Governments may be divided according totheir functions, as in the United Kingdom, into two groups namely (i) political offices, and (ii) non-political offices. Political Offices.

MINISTERS

40. All Ministers who are either members of the Cabinet or Ministers .of the Cabinet rank but not members of the Cabinet, Deputy Ministers, Parliamentary Secretaries and Parliamentary Under Secretaries are holders of what in England are called "Ministerial offices" and should be exempted from disqualification. Clause (2) of Article 102 runs as under:

"(2) For the purposes of this article a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State."

The Committee feel that the word "Minister" in the above Article is comprehensive enough to include all the above dignitaries includingParliamentary Secretaries. The Prime Minister (Shri Jawaharlal Nehru),participating in the debate on the Parliament Prevention of DisqualificationBill, 1950 (later Act XIX of 1950) on the 10th March, 1950, said:

"We thought, and we still think, that Ministers of State and DeputyMinisters belong to the Council of Ministers. We are quite clearabout that and, therefore, it never struck us at that time to makeany special provision for them in the Constitution."

In spite of this definite opinion about the meaning of the phrase“Council of Ministers”, doubts were raised as to whether' the said'expression included Ministers of State or Deputy Ministers and so ActXIX of 1950 was passed far removing such doubts and preventingspecifically disqualification of persons holding " offices of a Minister ofState or a Deputy Minister or a Parliamentary Secretary or aParliamentary Under Secretary" (Section 2 of Act XIX of 1950).

19

20 It may incidentally be also noted here that Rule 2 of the Rules of Procedure and Conduct of Business in the House of the People (in all its editions) and Rule 2 of the Rules of Procedure of the Council of States, define the word "Minister" in identical terms:- " ..... ............. 'Minister' means a member of the Council of

Ministers, a Minister of State, a Deputy Minister or aParliamentary Secretary;"

The Committee are of the view that all these holders of ministerial offices ought to be exempted from disqualification.

CHIEF WHIP AND DEPUTY CHIEF WHIP

41. In Act 1 of 1954, section 3 (b) refers to offices of the Deputy ChiefWhips in Parliament. There is also the office of a Chief Whip toParliament which is at present held by a Minister holding the portfolio ofParliamentary Affairs. When this Act 1 of 1954 was being considered inthe House, questions were asked as to under what authority the offices ofthe Chief Whip and the Deputy Chief Whips were considered to beoffices under the Government of India which necessitated the removal of disqualification. No basis for this assumption has been found in theConstitution or the different enactments. However, precedents andpractices in the United Kingdom may be referred to for guidance in thisconnection. It is found that Chief Whip and other Government Whips, whether paid or unpaid, are treated as belonging to the category ofministerial offices (Junior Lords of Treasury, Household officers) andexempted from disqualification, as will be seen from the followingextract:

"Whips are officially recognized by Parliament and are provided with office accommodation in both Houses. Government Whipsreceive salaries from public funds". (Whitaker’s 1955, page 311).

Erskine May in his book the Law, Privileges, Proceedings and Usage ofParliament (15th Edition) also makes a similar reference on page 246. TheCommittee feel that specific provision be made for saving GovernmentChief Whip and Deputy Chief Whips from incurring disqualification. InIndia the Deputy Chief Whips appointed by the Government party do not get any remuneration beyond a few concessions regarding housing andtelephone facilities. Though these offices do not carry any salary or allow-ances beyond what they get as Members of Parliament, it is likely to beargued,. with some plausibility that their posts are under the Government ofIndia and therefore they incur disqualification in spite of the fact that nosalary or special allowance is attached to the offices.

AMBASSADORS, HIGH COMMISSIONERS, ETC. 42. The Government of India in the Ministry of External Affairs have a large number of persons in the Indian Foreign Service who act as Ambassadors, High Commissioners, etc. Many of these high posts are held by members of the Services and, therefore they will not be permitted under the service rules to offer themselves as candidates or get elected to Parliament. But some of these high posts are or may be bestowed also on persons who do not belong to the Services. In England, in the past, Members of Parliament were appointed as Ambassadors and were permitted to retain their seats. But, subsequently, the law and practice there has undergone a change and it has been held that such persons are required to be absent from their country for a prolonged time and, further more, their position is incompatible with the responsibilities of the members of the House of Commons (Vide Report of the U.K. Select Committee on Offices or Places of Profit under the Crown, 1941 page 29, para. 52).

The Committee feel that besides this argument of incompatibility, there is another stronger ground to disqualify them and that is that they receive salary during the period they hold office out of the Consolidated Fund. Such offices, therefore, will be offices of profit under the Government of India for which no exemption can be provided.

21

To remove the possibility of any such argument being advanced and theirmembership challenged, the Committee feel that they might be specificallyexempted from the operation of disqua1ification.

SPECIAL MISSIONS OR DELEGATIONS ABROAD 43. On occasions, Government of India send special missions or

delegations to foreign countries. Members of Parliament are alsosometimes sent out as members of such missions or delegations and, when they so go out, they are paid certain allowances, etc., to enable them to meet their out-of-pocket expenses that they incur abroad. The guiding principlefor fixation of such allowances is and shall always be that only reasonableallowance is paid to meet out-of-pocket expenses. However, the rates ofsuch allowances vary from country to country, as the living conditions andprices differ. The question arises as to whether such members hold anyoffice of profit or not. There appears. to be no doubt that such members do hold an office of profit under the Government of India for the period of their deputation. The Committee therefore recommend that such Members of Parliament who go on delegation to foreign countries should be

22 saved from incurring any disqualification. In this connection the opinionexpressed by the U.K. Select Committee on Offices or Places of Profitunder the Crown, 1941, may be quoted with advantage:

"Your Committee, moreover, do not overlook the possibility that even in normal times, there may be occasions when the Government finds it advisable to send a special mission to some foreign country orDominion for a particular and temporary purpose. In such a case,the most appropriate persons to be employed for the purpose, or some of them, may well be members of the House of Commons,and the fact of their having been active party politicians supportingand in sympathy with the policy' of the Government of the timemay be an advantage rather than otherwise. But in such cases their exemption from the necessity of vacating their seats should bespecially provided for by Parliament on their appointment." (Page 30~ para. 52).

Non - Political Offices. CHANCELLORS, PRO-CHANCELLORS, VICE-CHANCELLORS, PRO-VICE CHANCELLORS

44. In regard to Chancellors, the Committee find that the Governors, the Chief Ministers or the Prime Minister are usually the incumbents of this office and, therefore, ordinarily the question of holding an office of profit and thereby being disqualified does not arise.

In regard to Pro-Chancellors, the Committee have found that the Pro-Chancellor only acts when the Chancellor is not present. He does not draw any salary, nor is he entrusted with any executive functions independently. The Committee feel that this is an office which might be exempted from disqualification.

The question whether persons who are appointed or elected as Vice-Chancellors of Universities should be disqualified or not is a question on which opinion may be divided. Vice-Chancellors fall under the following two categories: (i) those appointed and removable by Government; and (ii) those elected by the Senates, etc.

Regarding the vice-Chancellors falling in the first category, it is not very difficult to say that they, being appointed by Government and liable to be removed by Government, are holders of offices under Government and as such, like any other salaried officers would entail disqualification. This view has been adopted by the Election Tribunal, Baroda, in its judgment dated the 22nd July, 1952 in the

23 -case of Hansa Jivaraj Mehta Vs. lndubhai Amin and others.

Vice-Chancellors of both the categories exercise considerable amount 'of executive functions and are also in a position to distribute patronage. This feature was also emphasized by Shri C. C. Biswas, Union Minister for Law and Minority Affairs when in the course of a debate in the House, he stated:

"They are executive officers. They carry patronage and all that"(Parliamentary Debates, Council of States, Vol. V, dated the 16th December, 1953, Col. 2454).

In fact, these Vice-Chancellors are the heads of the educational systemwhich engages, or at least calls for the engagement of their entire attentionto the onerous task which they are called upon to perform. Their hands are too full of work and the more they devote themselves to their work, thebetter it is for the nation they seek to serve. Moreover, the office of theMember of Parliament is also developing into a whole-time business. Even now, apart from the work of attending to the needs of his constituency, aMember of Parliament has to attend the Sessions of Parliament whichextend to about seven months in a year. No conscientious man can dis-charge fully the onerous duties of both the offices. The Committee ,are therefore of the view that these two offices are incompatible to such anextent that one person cannot devote himself to anyone of these officeswithout neglecting the other. In the words of Shri C. C. Biswas, UnionMinister of Law and Minority Affairs:

"I may tell you that it is quite a reasonable objection that as Vice-chancellors do whole-time' job in the Universities, they find little time to attend to duties of Parliament. As a matter of fact, they are sobusy that we very seldom find them in this House or in the other House". (Lok Sabha Debates, dated 24th December, 1953, Col.3161).

For these reasons the Committee feel that if these Vice-Chancellors, either appointed or elected, are exempted from disqualification, such exemptionwill be to the detriment of both the offices. The Committee, therefore, areof the opinion that the office of Vice-chancellor should not be exemptedfrom disqualification.

In regard to Pro-Vice-Chancellors, full particulars about their functionsand powers are not available. The Committee feel that individual questions,when they arise, should be dealt with on merit in the light of the principlesalready enunciated in regard to such offices.

24

MEMBERS OF SENATE, SYNDICATE, ETC 45. Members of Parliament are also elected or nominated to the Senate,

Syndicate and Executive Committee or Council of various Universities. The Committee are of opinion that the role of the Members on these bodies is more of an advisory character than anything else and therefore these offices, if held by Members of Parliament, should not disqualify. JUDGES AND JUDICIAL OFFICERS

46. There is a separate category of persons who act as judges and magistrates for administering justice, civil, revenue or criminal. Some of them are full-time salaried officers while others work in honorary capacity as judicial officers. As far as salaried judges, revenue officers or magistrates are concerned, there can be no doubt in holding that they ought to be disqualified. Most of them are employed under the Government of India or State Governments and they incur disqualification. Others may be part-time officers who are paid remuneration or allowances for sitting and dispensing justice. But the case of honorary magistrates and in some States even honorary judges, is not free from doubt. In England, Justices of Peace are not paid any salary and no profit is attached to their office, but the office is one under the Crown and is in some respects analogous to offices which are a disqualification for Membership of the House of Commons. The U.K. Select Committee of 1941 considered this office and recommended that: “the office of Justice of Peace should not be a disqualification.” (Pages 24-25, para. 38). 47. It may be argued that honorary magistrates and judges should be treated at par with Justices of Peace in the United Kingdom and thus saved from disqualification. . The Committee have, however, taken into considera- tion the prevailing conditions in India and feel that Honorary Magistrates, Justices of Peace, Revenue Officers, Munisiffs or Judges, who are appointed by State Governments, will have to be treated as holders of offices of profit under the State Government. These posts confer great influence and prestige on the incumbent and therefore, the only fact that they are honorary servants should not weigh with the Committee in saving them from disqualification. In the same category, there are persons like Coroners and others who are placed on tribunals, such as Panel of Assessors for the Railway Rates Tribunal etc. who ought to incur disqualification.

SHERIFFS

48. In some of the principal cities, like Bombay and Madrassheriffs are appointed under the relevant enactments. Such a

25 persons treated as the first citizen of the city while participating in some of the ceremonies and official functions in the city. In England, the High Sheriff was declared to be ineligible for being elected or remaining a Member of the House of Commons on the ground of incompatibility of duties involved. The U.K. Select Committee on Offices or Places of Profit under the Crown, 1941 reviewed this matter and recommended in the light of modern conditions that "the High Sheriff should not be disqualified for election to Parliament, except for his county or a division of his county or a borough within his county." (Page 23 para. 35).

The Committee, therefore, are inclined to agree with the above recommendation of the Select Committee without imposing any restriction and hold the view that sheriffs in India ought not to be prevented from seeking election or being Member of Parliament. '

MEMBERS OF THE CIVIL SERVICE 49. Under the Government of India and State Governments, a large

number of persons work in permanent or temporary capacity and are purely Government servants in the civil employment. The lowest order of these civil servants belong to the village level and are known as lambardar, patel, patwari, mukkaddam, munsiff, karnam, shanbhoj and other similar revenue officials. The Committee are of the view that all civil servants from the highest to the lowest order, including the village functionaries referred to above, sought to be disqualified from being chosen as or being Member of

,

Parliament. It is quite possible to p1ead that the so called village officers should not be so rigorously dealt with and prevented from being a Member of a legislatur e on th salary e ground that some of these and in some cases are only part

[ , ,functions on behalf of Government and as such the quantum of remuneration received or the method of its receipt should not be of any importance. The Committee, therefore, are of the opinion that the duties of these officialsare incompatible with the duties of a Member of Parliament who is required

,

time servants under the State Government. The Committee feel that these officials must be treated as officials performing various

,

only nominate

,

officers receive

,,

,

,f.,O ,

to be present in the Capital for several months in a year in connection with hisParliamentary work. 50. Explanation (b) under sub-clause (8) of Section 123 of the Representation of the People Act. 1951, (Act 43 of 1951) enjoins:

“(b) a person serving under the Government of any State shall include a patwari, chaukidar, dafedar, zaildar, shanbagh, karnam, talati, talari, pati, village munsiff.

;

26 village headman or any other village officer, by whatevername he is called, employed in that State, whether the office he holds is a whole-time office or not, but shall not include anyperson (other than any such village officer as aforesaid) whohas been declared by the State Government to be a person towhom the provision of this clause shall not apply."

Under this section a candidate who obtains assistance from any such personshall be held to be guilty of a major corrupt practice. It will be inconsistentwith these provisions to maintain that such a village officer should bepermitted to be a Member of Parliament. Persons who are incompetentlegally to assist others in being elected to be Members of Parliament cannotthemselves be permitted to become Members of Parliament.

51. It may be mentioned here that the rules or notifications which definethe duties and responsibilities of these officials or give their terms ofemployment, could not be collected in full and therefore, it has not beenpossible to scrutinise the case of each such official with the thoroughnessthat it deserves. Sub-clause (8) and the explanation there under of Section123 of the Representation of the People Act, 1951 authorises the States todeclare persons to whom the provisions of the said sub-clause shall not apply. The State of Punjab by virtue of Act 7 of 1952 declared among other.persons, lambardar as a person to whom the exemption from disqualification shall apply.

The Committee, therefore, recommend that lambardars in States wherethey have been declared immune from such disqualification under section123(8) of the Representation of the People Act, 1951 should not be includedamong persons to whom the disqualification shall apply.

ARMY PERSONNEL, ETC. 52. Members of the three Wings of the Armed Forces are in receipt of

salary and as such, they will come under the general ban operating in the case of other employees of the Government of India. But the case of persons who belong to the National Cadet Corps and to the Territorial Army stands on a different footing. Section 3 (1) of Act 1 of 1954 prevents such persons from incurring disqualification. The Committee see no reason to disagree with that view and therefore recommend continuance of the exemption. The Committee feel that Members of the Home Guards in the Bombay State, U.P etc., raised under special enactments should also stand on the same footing as Members of National Cadet Corps and Territorial. Army and be saved from incurring disqualification.

27 PENSIONERS

53. It is contended on occasions that pensioners who receive their pension from the Consolidated Fund should be disqualified. TheCommittee feel that such a contention cannot be accepted withoutqualification. In regard to pensioners the statement of law made and viewexpressed by the U.K. Select Committee on Offices or Places of Profit under. the Crown (1941), can serve as a useful guide:

“Under the present law, with certain extensive and importantexceptions, 'persons .having pay pension from the Crownduring pleasure or for any term or number of years are.disqualified. The precise position of some pensioners is somewhat obscure. But it does not appear difficult todistinguish between pensions which ought to disqualify andthose which ought not. The ordinary pension for life, which isin the nature of superannuation benefit for services. rendered,should clearly not be a disqualification: in fact, the only.pension which, on the governing principles alreadyenunciated, should be a disqualification is one which is grantedby the Crown or the executive government otherwise than forgood and valid consideration (including services rendered voluntarily or. otherwise) and is dependent for its continuanceon the unfettered discretion or will of the Crown or theexecutive government. A pension of that kind and there can befew if any such existing or likely to be created in these times,should be a disqualification; but with that one exception YourCommittee recommend that a pension from the .Crown shallnot be a disqualification." (page 26, para 42)

54. The Committee accepting this view, recommend that persons who have earned their pensions for services rendered of a long period should not be disqualified. But there are persons who receive what may be called other pensions, like "political Pensions” during the pleasure of the granting authority. Such persons should come under a disqualification.

A decision of the Election Tribunal, Jaipur, dated the March 24th, 1953,delivered in the matter of Pandit Hari Chandra Vs. Raja Mansingh and others is of interest and is summarized below: Pandit Harish Chandra challenged the election of Raja Man Singh onthe ground that the nomination paper of the contesting respondent wasimproperly accepted since he was a holder of an office of profit under theGovernment of Rajasthan as he received

28

Rs. 2,200 per month as allowance along with free residential palace from the said Government. The Election Tribunal, Jaipur, held:

"We are unable to hold that the contesting respondent held an office of profit under the Government of India or under the Government of Rajasthan at the time of filing his nomination paper. Of course, he gets a substantial allowance and it may be said that he derives a profit from the Government, but mere getting allowance without holding any office does not disqualify a person to stand as a candidate for the Rajasthan Legislative Assembly, who is otherwise qualified to stand for it. (Election Law Reports. 1953, Vol. V. page 129).

55. The Committee have perused the judgment but are unable to accept this view. A person who receives an allowance from Government on the condition of rendering some service, though of an occasional character must, liability to service being subsisting, be deemed to be a person who holds an office of profit under the Government. .

56. The above recommendation should not be construed to cover the caseof erstwhile rulers who are in receipt of a sum of money annually as privypurse from the Government under an agreement of merger in considerationof their having given up their rights as rulers under the terms of the agreements.

It may also be recalled that in the course of a debate in Lok Sabha on the Representation of the People Bill, 1951 on the 10th May, 1951, it was urged that Rulers to whom emoluments or pensions are guaranteed under Article 291 of the Constitution should be disqualified, as these Rulers fell under the category of pension holders and were holders of an office of profit and should be debarred from sitting or voting in Parliament. The House did not accept this view

The Committee also recommend that erstwhile rulers may be exemptedfrom disqualification.

57. There is a category of employees known as servants of local bodies.

Strictly speaking, they are not servants of the Central or State Governments but in view of the fact that these local bodies receive grants from Governmentfor various purposes and are also under the control and superintendence of theState Governments

SERVANTS OF .LOCAL BODIES

29 their employees should be treated at par with other Government employees and should be disqualified to be chosen as or being Members of Parliament. This disqualification cannot obviously apply to Presidents, Chairmen or members of Municipalities, District Boards, Cantonment Boards Panchayat Boards, Notified Area Boards, Town Area Boards, Corporations or like bodies as these functionaries are not salaried officers of these bodies.

.

CHAPTER VI

PART-TIME OFFICES

58. In this chapter offices of a contractual nature and part - timeoffices under the Government are being dealt with. A. OFFICES OF A CONTRACTUAL NATURE

59. The attention of the Committee was drawn to certain kinds ofOffices of an occasional or contractual nature to which Member ofParliament were appointed. Some" of these offices are:

(a) Lawyers who are engaged to draft Bills or conduct cases on behalf of Governmentincluding Railways, Public Prosecutors, Government Pleaders, Assistant Government Pleaders,Police Prosecutors, Railway Prosecutors, Income-Tax Advisers administrators-General, Official Receivers, etc.

(

b) Technical advisers to Government; , (c) Authors commissioned by Government to write a book article or review textbooks, etc.; (d) Members invited or engaged for giving broadcasts from the All-India Radio;

(e) Examiners in Universities and Secondary Education orIntermediate Boards;

60. All these persons are appointed on certain terms which form part of an agreement or contract entered into by these persons with the Government or any other agency acting under the Government for or on behalf of the Government. Sub-Section (d) of section 7 of the Representation of the People Act, 1951, (Act XLIII of

, 1951) provides for disqualification of a Member of Parliament who has any share or

interest in a contract for the supply of goods for the execution of any work or theperformance of any services undertaken by Government. The Committee are of theopinion that some of the above categories of persons may come under section 7 (d) ofthe Representation of the People Act, 1951 and therefore, ordinarily, will incurdisqualification. It is necessary, however to make special references and suggestionsto some of these office-holders.

30

31

Technical Adviser to Government

61. The Committee feel that a technical adviser to advise Government on a particular matter drawing only T.A. permissible under the rules and feesubject to the ceiling of .Rs. 21/- per day may be exempted fromdisqualification for membership of Parliament.

,

Broadcasts from All India Radio by Members of Parliament 62. The Committee feel that broadcasts from All India Radio byMembers of Parliament should not incur disqualification provided Memberis not paid anything more than travelling allowance Permissible under therules, and fee subject to the ceiling of Rs. 21/-per day.

Examiners in Universities

63. The Committee feel that remuneration received for setting questionpapers or examining answer-books should not be treated as profit and thatsuch persons should not be excluded from being Members of Parliament astheir expert knowledge regarding educational matters will be of value in thedischarge of their duties as Member of Parliament. The disqualification intheir cases ought to be, removed.

'" 64 Baring these instances the Committee feel that others who comeunder the categories mentioned in para No. 59 or hold similar post ought to

e disqualified from being chosen as, or being Members of Parliament. b

B. PART-TIME OFFICES UNDER GOVERNMENT.

65. The Committee, in their examination, came across cases of persons who are serving under Government as part-time professors, lecturers, instructors,inspectors or teachers in Government educational institutions, medicalpractitioners rendering part-time service in Government institutions etc. Allthese functionaries receive remuneration from Government which canundoubtedly be construed as profit. The offices that they hold can be termed asoffices of profit. The Committee after due consideration of the question awhether such part-time workers should be exempted from disqualification cameto the conclusion that their membership of Parliament would be incompatiblewith and harmful to the duties, though part-time, which they are called upon todischarge. Hence, the Committee recommend that such office holders should not be exempted from disqualification.

CHAPTER VII COMMITTEES AND CORPORATIONS

66. In this chapter, the question of membership of Committees Board and Commissions appointed under a statute or executive Orders of the

Government has been considered.

67. It has already been stated in one of the earlier sections' of this Report as tohow the modern government is becoming increasingly a government by Committeesand how a Welfare State is increasingly assuming duties and responsibilities which areto be administered by corporate bodies. The tendency for multiplying such committeesand commissions is unavoidable. In the UnitedKingdom, the number of such bodies isincreasing at a tremendous rate. In 1949 Mr. Attlee, the, then Prime Minister. .wasasked to give a list of the bodies which existed at the Centre" and locally to adviseGovernment departments. He replied that the task of compiling the list of Committeesat the Center had been quite arduous enough and he did not think the compiling of a listfor localities was justified. Mr. Attlee stated, however, that the total number of Central or national committees to advise Government departments was round about 700. Thesewere distributed between the departments in varying numbers, of Course (460 H.C..Deb. Fifth Series, Columns 15, 16 and 18, January, 1949). Since Independence, many committees and commissions as well as statutorycorporations have come into existence and in an effort to collect the necessary data, it was discovered that at least more than 200 such committees, are functioning at present.It will not be far from truth if it is said that in future the number of such committees isbound to go up.

68. These Committees, commissions, etc., yield to classification on differentprinciples . One basis of classification may be statutory committees and non-statutory committees, but a better and more relevant basis of classification would be advisory committees and ‘non-advisory committees’. Committees to advise are formed for the '

,

purpose of consultation and may be consulted at any stage in the process of Government – in the formulation of policy, in its application or administration, or in the review of policy and its application. In practice, it is at the stage of application or administration that committees to advise are most widely used, while a committee to enquire is more usually found at the stage of I

,

33 formulation at the stage of the review of policy. These advisorycommittees be purely advisory committees or may be committees to conduct enquiries or find some facts or data with the eventual purpose of tendering advice to the Government. 69. It has been found that Members of Parliament have been appointed onall the committees, commissions, etc., regarding which material was madeavailable to the Committee. Before going into details of the different categories of committees, commissions etc., a proposition of a generalcharacter, may be emphasized by way of introduction. 70. On all these committees, officials who are treated as experts in somebranches of science or in the art of administration have also found a placewith some non-officials including Members of Parliament. Some of the Members of Parliament are also eminent in the domain of knowledge or activity and can very will be treated as experts belonging to the non-official world. It is thought that experts in the official ranks have developed aparticular approach to the problems with which they are faced, which may be different from the public point of view. These experts mostly confinethemselves to their official desks and having a broad vision of the problem,lack the touch of local experience or knowledge. Therefore, when suchofficials and non-officials come together sit at a table and discuss theproblem, they help each other to correct their respective angularities and the final advice they collectively give to the Government becomes of greatimportance and supplies valuable guidance.

!

The Committee are, therefore, of the view that ordinarily Members ofParliament should be encouraged to go on such committees which are of anadvisory character and represent the local or popular point of view in amanner which will effectively influence the officials point of view. Membersof parliament by virtue of their Membership are in a position to say andrepresent certain matter with some authority and confidence, and their viewsare likely to go a long way in influencing the view point of officials. It is atthe same time felt that consistent with the above view expressed, Members ofParliament should not be permitted to go on committees, commissions, etc,which jeopardise their independence or which will place them in a position ofpower or influence in a position where they receive some patronage fromGovernment or are themselves in a position to distribute patronage. Withthese general observations, the Committee's .recommendations in detail aregiven below. '

ADVISORY COMMITTEES 71. Membership of committees formed for the purpose of advising Government, for making an inquiry into or collecting statistics . .

34

should be exempted. from disqualification. Act 1 of 1954 provides for permanent removal of disqualification in such cases. Exemption granted. under the Act may be continued under the proposed comprehensive legislation that may be brought before Par1iament before the expiry of Act of 1954. For the purpose of guidance of the Government and the members a list of such Advisory Committees is given in Annexure III.

72. In Annexure IV a list of 13 committees, councils, Commissions

~

etc. on which Members are elected by Parliament is given. Some of these committees are statutory bodies and some constituted under executive orders. The Committee feel that when Parliament itself elects one of its Members to serve on such a Committee, the question of receiving patronage from Government which will affect the independence of the Member does not arise. Therefore the Committee recommend that such Members should be saved from disqualification.

COMMODITY COMMI'ITEES AND DEVELOPMENT COUNCILS.

73. The Government of India have constituted commodity committees, both statutory and non-statutory and also Development Councils as enumerated in Annexure V. Members of these committees and councils areeither elected by Parliament or nominated by Government with a view to giverepresentation to certain interests; or elected by sectional or other interests.The committee have carefully scrutinized the functiol1s of these bodies andare, of the opinion that some of these functions are of an executive Character. The Question to be decided is whether the executive nature of some of theirfunctions is of such a character as necessarily to entail disqualification. Aminority of the Committee feel that the functions are of' such a character asshould incur disqualification. But a majority of the Committee feel that the

,

functions of these committees should be viewed against a wider back ground.Parliament has the duty of developing the country and harnessing its resources forachieving an all round progress. Members of Parliament should therefore be allowed toserve in all capacities except where it is incompatible with their duties as Members ofParliament to serve on such committees. It is also recognized that with its under

. .

1 developed economy the country has not such an abudance of talent and public spirit thatit is justifiable to exclude Members of Parliament from opportunities of service on suchvital committees. It will not therefore be in public interest to enforce rigorously the exclusion of membership of. such non-advisory committees by Members of Parliament.Moreover the member ship of such bodies by itself does not involve the exercise of exe-cutive functions.

35 The majority are therefore of the view that the members of such committeesshould be saved from incurring disqualification by making a necessaryprovision in. the relevant Acts themselves. In the case of certain commodity

. committees. Such as Rubber Board. Coffee Board and Tea Board such a provision already exists. Since the functions of all commodity committees are substantially

[ .

by including necessary provision to that effect in the statutes creating those committees. These commodity committees have Chairmen, Vice-Chairmen and Secretaries and have also standing committees or other sub-committees. As regards the chairmanship, vice-chairmanship or secretaryship of such committees their standing committees or sub -committees the Committee feel that duties of these office holders entail regular long hours of work and powers exercised by them are of considerable executive and administrative character.

The Committee, though they have recommended exemption from disqualification of a Member of Parliament for being members of these committees, are not prepared to treat these office-bearers on the same level as ordinary members and recommend that these offices should be treated as offices of profit. In this connection, the Committee have not made any distinction, between office holders nominated by Government and those elected by the committees, since the method of their appointment is not as relevant, as the question of powers exercised by them. MEMBERS NOMINATED BY SPEAKER OR CHAIRMAN .

74. (1) Rajghat Samadhi Committee, (2) Hindi Shiksha Samiti, (3) Central Social Welfare Board and (4) Tea Board are committees

on which Members of Parliament are nominated by the Speaker of Lok Sabha and the Chairman of Rajya Sabha. The Speaker of Lok Sabha and Chairman of Rajya. Sabha are independent of the executive Government and, therefore, the nomination by them cannot be said to affect the independence of the Members. Hence, the membership so acquired cannot be said to be an office of profit, but in order to remove doubt, the Committee feel that they may be saved from incurring disqualification specifically.

NON-ADVISORY COMMITTEES. 75 Non-advisory committees may be either statutory or non- statutory and a large

tity of material regarding such committees has been supplied to the Committee. After careful examination of this material, the Committee feel that

n-advisory committees can be classified into two categories as follows: (1) Non-advisory committees for which exemption from disqualification may be given.

;

no~

.quan "',

of a similar nature the Committee recommend that a uniform policy ought to be followed for exemption from disqualification of members of Parliament

36 (2) Non-advisory committees membership should entail disqualification.

of which

76. Regarding the first type of committees, the majority view of the Committee is that, though they are non-advisory yet the membership of those committees does not give the members any power, influence orprestige in spite of the fact that these committees have to undertake some executive functions and deal on occasions with funds, etc. The Members ofParliament if appointed on Committees dealing with problems of education,health, labour, under-deve1oped industries, etc. can make usefulcontribution and therefore they should not be prevented from going on suchcommittees. For the purpose of guidance a list of such committees is givenin Annexure VI.

77. The Committee recommend that a practice should be developed by which members on such committees may either be elected by Parliament or when it is not so possible they may be nominated by the Speaker of Lok Sabha or the Chairman of Rajya Sabha.

78. The second category of committees enumerated above is of aserious character, as they are entrusted with executive, judicial or like powers or otherwise endowed with powers which give them influence or power patronage and hence the membership of such committees should entail disqualification. By way of illustration certain committees have been enumerated in Annexure VII which fall under this category.

79. Different types of committees on which Members of Parliamentfunction have been mentioned above. In one of the previous chapters office ofprofit has been described in detail. That description might be used as a gaugeto test the committees, commissions etc. which are already existing, but havenot come under review and also for those committees etc. which may comeinto existence in future.

80. It is further recommended that no person whether a Member ofParliament or not, should be appointed on any of the committees, speciallythose entailing disqualifications, without his consent in writing. The U.K.Select Committee on Offices or Places of Profit under the Crown (1941),made recommendation to the effect, that

37

no sitting member of the House of Commons nor a recognised prospectivecandidate should be appointed to a disqualifying office (Which for thispurpose must be taken to include an office disqualifying for candidature)without his consent (vide page 24, para 36).

81. The Committee note that on some of the committees certaininterests, such as employers, employees, consumers, etc. are allowed tonominate or elect their representatives and some of these representativeshappen to be Members of Parliament. The Committee feel that when the power of appointment rests with the sectional interests which areindependent of the Government, the question of patronage or ,holding officeunder the Government does not arise on such an appointment. Thereforesuch members ought not to incur disqualification.

MEMBERSHIP OF CORPORATIONS IN WHICH THEGOVERNMENT HAVE FINANCIAL INTEREST.

82. .Section 7(c) of the Representation of the People Act 1951 refers to a person who "holds any office of profit under any corporation in which the appropriate Government has any share or financial interest" as being one of the persons who are disqualified for membership of Parliament.

Section 8, sub-section (e) runs as under:

"A person shall not be disqualified under clause (e) of that section by reason of his being a Director unless the office of suchdirector is declared by Parliament by Law to so disqualify itsholder."

Thus this clause casts responsibility on Parliament, to declare by law whether such Directors shall be disqualified or not. The Committee have reviewed the case of certain corporations, such as, Sindri Fertilisers and Chemicals, Ltd.,Industrial Finance Corporation, Rehabilitation Finance Administration, etc. inwhich Government have complete or substantial interest and feel that the Directorship of such Corporations or membership of the Administrationshould be treated as an office of profit. In this context, the Committee think itnecessary to mention that the words "financial interest" used in the above sub-section will have to be clearly defined in the contemplated Bill, and also the statutes appointing these corporations will have to lay down, as it has beendone in the State Bank Act, that their membership shall disqualify.

83. The Committee have recommended that membership of advisory committees and some of the non-advisory committees ought to be saved fromdisqualification, but this recommendation is subject to the over-riding condition that Members of Parliament on such

38committees should in no case be given a daily allowance of more than Rs. 21/- as the Committee feel that this sum is sufficient to meet their out-of-pocket expenses;

In this connection, the Committee considered the provisions of section 3(1) read with section 2(a) of the Prevention of Disqualification (Parliament and Part C States Legislatures) Act, 1953, (Act 1 of 1954), under which a Member of Parliament who is a member of a committee of an advisory character set up by Government is exempted from the disqualifying provision, provided that he is not entitled to, nor is he in receipt of any fee or remuneration other than the Compensatory Allowance.

In this Act, Compensatory Allowance has been defined as "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 any 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 a Committee."

I

The Committee agree with this provision and accordingly recommend aceiling limit of Rs. 21/- for the time being as daily allowance which aMember of Parliament is entitled to receive under the Salaries and Allowances of Members of Parliament Act 1954 (Act 30 of 1954).

STANDING PARLIAMENTARY COMMITTEE

84. The Committee have subjected the material received to a very careful scrutiny and have come to the conclusion that such frequent scrutiny will have to be undertaken in the case of committees which have escaped their notice or which may come into existence in future. In order to preserve a uniform method and approach to these problems, the of such scrutiny will have to be undertaken by a permanent committee. The Committee, therefore recommend that. a Standing Parliamentary Committee might be constituted to undertake this work of continuous scrutiny in respect of offices of profit. The Committee might be composed of Members of' Parliament of both the Houses to be appointed by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.

85. All proposed appointments of Members of Parliament to any office ormembership of any committee, commission or other body should be communicated along with relevant material about composition of the Committee, etc. to the Standing Parliamentary Committee, which wouldexamine carefully the character of the committee or office and the nature ofduties that a Member of Parliament will have to discharge. Any futurelegislation undertaken affecting

I

39 such offices or committees should be placed before this Committee foropinion and its views should be duly considered before the Bill is broughtbefore Parliament. The Speaker of the Lok Sabha and the Chairman of theRajya Sabha may also, in their discretion, refer such matters to the StandingParliamentary Committee for eliciting their opinion.

CONCLUSION

86. The Committee by way of conclusion recommend that Government might draft and introduce a comprehensive Bill embodying such of the suggestions of the Committee as are acceptable to them as early as possible. The said Bill also ought to have schedules enumerating in detail the different offices which do not incur disqualification, offices for which exemption has to be granted and .offices which would disqualify Members.

CHAPTER VIII

SUMMARY OF THE RECOMMENDATIONS OF THE COM-MITTEE ON OFFICES OF PROFIT

,S1. Reference to No. Para No. in

the Report Summary of Conclusions/Recommendations.

1 2 3

*In view of the immensity of the task involved incollecting material and studying of relevant matterextension of the life of Act 1 of 1954 for one year wasrecommended.

1. 9

2. The word 'office' used in Art. 102 (I) (a) would include membership of a Committee, Commission etc. appointed for a particular or temporary purpose.

The word 'profit' should be interpreted in a broad sense.

24

3. 36

4.

5.

6. 41

7. 42

8. 43

9. 44

10.

. 'The word 'under' used in Article 102 (I) (a) should include offices held directly or indirectly under the control of the Central or State Governments.

Holders of ministerial offices, (Ministers of State, Deputy

Ministers, Parliamentary Secretaries and Parliamentary.

Under Secretaries) should be exempted from disqualification.

Holders of the offices of Chief and Deputy Chief Whips in Parliament should be exempted from disqualification..

Holders of offices in the foreign service of the Indian Union who do not belong to the Services, should not be exempted from. disqualification.

Members of Parliament sent on delegation to foreign countries should be exempted from disqualification. Holders of offices of Vice-Chancellors of Universities, should not be exempted from disqualification. The disqualification clause should not apply to Chancellors and Pro-Chancellors of Universities. Members of Parliament nominated/elected as members

of Senate, Syndicate, Executive Council/Committees of various Universities should be exempted from disqualification. . ..

*A Bill to extend the life of Act 1 of 1954 till the end of the year 1955 wasintroduced and passed during the 8th Session of Parliament.

45

40

38

40

41

Holders of offices of Honorary Magistrates, Revenue Officers,

Munsiffs, Judges, Coroners, Members appointed on Tribunals and other Judicial officers should not be exempted from disqualification.

11. 47. 12. Holders of offices of Sheriff should be exempted from

disqualification. 48

Village officials mentioned in section 123(8) of theRepresentation of the People Act, 1951 (Act 43 of ,

1951) should not be exempted from disqualification.

Lambardars in States where they have been declared as exempted under Section 123(8) of the Repre-sentation of the People Act, 1951, should not bedisqualified.

49-50 13.

14. 51

Persons belonging to the National Cadet Corps, Ter-ritorial Army, Members of the Home Guards invarious States raised under special enactments shouldbe exempted from disqualification.

52 15.

Pension holders drawing pensions for services renderedshould be exempted from disqualification. Pensionholders who receive other pensions, like PoliticalPensions, during the pleasure of the grantingauthority should not be exempted fromdisqualification.

A person receiving an allowance from Government on the condition of rendering some service, though of an occasional character, should be deemed to be a person who holds an office of profit under the government. The disqualification should not, however, apply to erstwhile rulers.

Employees of local bodies should be treated at par with . other government employees and should not be exempted from disqualification. The disqualification should not apply to Presidents, Chairmen, or Members of Municipalities, District Boards, Corporations or like bodies. A Technical Adviser to advise government on a particular

matter and drawing only traveling allowance permissible under rules and fee subject to the ceiling of Rs. 21/- per day should not incur disqualification.

Members of Parliament invited to broadcast from All-India Radio should not incur disqualification provided that they are not paid anything except travelling allowance permissible under the rules and fee subject to the ceiling of Rs. 21/- per day

16. 54

17. 55-56

57 I8

61 19.

62 20.

.

42

21. Members of Parliament appointed far setting questionpapers or examining answer-books and receiving remuneration thereby should not incurdisqualification. Members of Parliament appointed as part timeprofessors, Lecturers, Instructors, Inspectors orTeachers in Government educational institutions,medical practitioners rendering part-time service in Government institutions etc. should not be exemptedfrom disqualification.

63

22. 65

Members of Parliament should be encouraged to go on Committees which are of an Advisory character. Members of Parliament should not be permitted to go on Committees which jeopardise their independence or place them in a position of power or influence or in a position where they receive some patronage from government or are themselves in a position to distribute patronage.

Members of Parliament appointed to. Committees formed for the purpose of advising Government for making an enquiry into orcollecting statistics, should not incur disqualification.

23. 70

24. 71

Members of Parliament appointed to Committees anelection by Parliament should not incur disqualification.

Membership of commodity committees and Develop-ment Councils should be exempted fromdisqualification. Chairmanship, Vice-Chairmanship or Secretary ship of commodity committees or of theirstanding Committees or sub-Committees should not be exempted from disqualification. There should be no. distinction between office holders nominated by Government and those elected by the Committees far the purpose of disqualification.

Members of Parliament nominated by the Speaker of Lok Sabha or the Chairman of Rajya Sabha shouldbe. exempted from disqualification.

Members of Parliament appointed to Committees of anon-advisory character which should be exemptedfrom disqualification. A practice should be developedby which members of such Committees may either be elected by Parliament or nominated by the Speaker ofLok Sabha or the Chairman of Rajya Sabha.

25. 72

26. 73

27 74

28. 76-77

43

Membership of Committees entrusted with executive,judicial or like powers should incur disqualification.

29. 78

30. 80 No Member of Parliament should be appointed on anyCommittee especially those entailingdisqualifications, without his consent in writing.

Members of Parliament nominated or elected bysectional or other interests, such as employers,employees, consumers etc. should not incurdisqualification.

Provision should be made in the statute constituting a corporation in which government has any share or financial interest for specifically disqualifying a director as provided for in Section 8 (e) of the Representation of the People Act, 1951. The words, 'financial interest' used in section 7(e) of the Act should be clearly defined in the proposed legislation.

The exemption from disqualification recommended in the case of advisory committees and non-advisory committees membership of which is non-objectionable should be subject to the over-riding condition that members of Parliament appointed to such committees are not given an allowance or fee of more than Rs; 21/- per day.

A Standing Parliamentary Committee composed of members of both the Houses should be constituted to undertake the work of continuous scrutiny in respect of offices of profit which have escaped the notice of the Committee or offices of profit which may come

into existence in future. .

31. 81

32. 82

33. 83

34. 84

All proposed appointments of members of Parliament toany office or any committee, commission etc. shouldbe communicated to the Standing ParliamentaryCommittee. Any future legislation undertakenaffecting such offices or committees should be placedbefore this Committee and its views should be dulyconsidered before a Bill is brought before Parliament.

The legislation recommended may be introduced assoon as possible.

35. 85

36. 86

PANDIT THAKUR DAS BHARGAVA Chairman, Committee on Offices of Profit.

NEW DELHI;

The 22nd October, 1955

ANNEXURE I (See para:--7)

REPORTS OF SUB-COMMITTEES 'A', 'B' AND 'c' OF THE COMMITTEE OFFICES OF PROFIT

REPORT OF SUB-COMMITTEE 'A'

I the Chairman of sub-Committee 'A' of the Committee on offices of Profit, having been authorized by the sub-Committee

present the report on their behalf, present this report. 2. The Committee on Offices of Profit at their sitting held on the 18th July, 1955 appointed sub-Committee 'A' consisting of

(1) Pandit Thakur Das Bhargava--Chairman. (2) Shri Vishwambhar Dayal Tripathi.

(3) Shri R. V. Dhulekar. (4) Kazi Karimuddin. (5) Shri S. V. Ramaswamy. with instructions to examine the Committees shown in Appendix 'A' and to prepare (i) a list of purely Advisory Committees and other Committees membership of which should be exempted from disqualification; and (ii) a list of Committees, advisory and non-advisory, member ship of which may be considered as an 'office of profit’ which should disqualify a member.

3. The sub-Committee. at their sittings held on the 18th and 19th July,1955 examined all the Committees which were allocated to them.

4. As regards item (i) of para. 2 above, the sub-Committee have examined and prepared a list of purely Advisory Committees (shown atAppendix 'B') membership of which should not come within the purview of'office of profit'.

The sub-Committee are of the view that it is not desirable to exclude members of Parliament from holding membership of Committees whose powers. though non-Advisory in character, are not extensive and which do not wield much influence. A list of Committees whose functions are of a non-advisory character but whose membership does not appear to be objectionable is shown at Appendix ‘C’

44

45

5. As regards item (ii) of Para 2 above, the Committees, membership of which may be considered as an ‘office of profit' are mentioned in the succeeding paragraphs.

Memorandum No. 5 Central Silk Board 6. The sub-Committee have observed that the Central Silk Boardexercises various executive functions for promoting development of raw silk industry. It has the power of assessment and collection of excise duty payable from reelers. The Board has also been empowered to appoint officers and staff on the Board.

The sub-Committee are of the opinion that membership of the Central Silk Board should be treated on the same footing as some other commodity committees, such as, Indian Central Sugarcane Committee, Indian Central Oilseeds Committee, Indian Central Arecanut Committee etc. In this connection the sub-Committee have noticed that in the case of certain other commodity committees, such as, Rubber Board, Coffee Board, Tea Board, provision has been made in the relevant Acts for exemption of members from disqualification. .. The sub-Committee are of the view that since the functions and

powers of these Committees/Boards are of a similar nature, a uniform policy should be followed, i.e., either membership of all such

.

.

Committees should be considered as an 'office of profit' or should be exemptedfrom disqualification. .'

In the opinion of the sub-Committee the functions and powers

of the Central Silk Board are of such a nature that its membership should be considered as an 'office of profit'.

Memorandum No. 8 Hindi Shiksha Samiti 7. The sub-Committee have observed that the Hindi Shiksha Samiti exercises various executive functions for the purpose of propagating Hindi, such as, (i) organizing classes for the teaching of Hindi, (ii) conducting examinations and making awards for proficiency in Hindi. (iii) approving books for teaching. (iv) arranging for the preparation of books for teaching, (v) making arrangements for the training of teachers, (vi) coordinating the activities of various official and non-official organizations for the propagation of Hindi etc. etc,

In the opinion of the sub-Committee the functions of the Samiti are of such a nature that its membership may be considered as an ‘office of profit’ which should disqualify a member.

46 Memorandum No, 17 Central Board of Film Censors, and Advisory Panels at Calcutta, Bombay and Madras 8. The sub-Committee have observed that the functions and powers of the Central Board of Film Censors are of an executive character. Although the revisional power has been vested in the Central Government and although there is the power of appeal against the decision of the Board, the Board has full powers of certifying films suitable for public exhibition.

In the case of Advisory Panels, the sub Committee have observed that themembers of the Panel have the powers of certifying films suitable for publicexhibition or otherwise, and that the Regional Officers pass final orders lateron.

In the opinion of the sub-Committee the functions and powers of theCentral Board and the Advisory Panels are of such a nature that membershipof these bodies may be considered as an 'office of profit' which should disqualify a member. .

Memorandum No. 31 Central Advisory Committee for Women's Savings Campaign

9. The sub-Committee have noticed that the members of the Central Advisory Committee for Women's Savings Campaign are paid an allowance of Rs. 100 per month apart from the usual travelling and daily allowances while on tour in connection with the work of the Committee. The sub-Committee are of the view that the fixed allowance of Rs. 100 per month payable to a member of the Committee partakes of the nature of a salary and consequently appears to be a 'profit'.

The functions of the Committee are of an advisory character. In the opinion of the sub-Committee membership of this Committee may not be considered as 'office of profit' provided that members are entitled to no remuneration other than travelling and daily allowances (daily allowance not exceeding Rs. 21 per day) purporting to cover actual out-of-pocket expenses.

Memorandum No. 42-Indian Central Arecanut Committee

10. The Sub-Committee have observed that the Indian Central ArecanutCommittee exercises various executive functions for the development, of thearecanut industry in India, such as (i) undertaking research work, (ii) distributing improved varieties of seeds, (iii) carrying on propaganda, (iv)giving financial and technical assistance to organizations engaged in the industry, (v) maintaining institutes, farms, stations, warehouses, (vi)establishing a Market Intelligence Service etc., etc.

:

47 This Committee is one of the series of commodity committees and membership of itshould be treated on the same footing as those committees. In this connection recommendations of the sub-Committee, on Memorandum No.5 (para. 6 above)may be seen.

Memorandum No. 48 General Council of Sahitya Akadami 11. The objects of the Sahitya Akadami are: (i) promoting co-operation between literary associations, universities and cultural organizations, (ii) arranging translation of literary works, (iii) assisting associations and individuals in publishing literary works, (iv) sponsoring or holding literary conferences, seminars and exhibitions, (v) awarding prizes and distinctions and giving recognition to individual writers for outstanding works, (vi) promoting research, study and teaching of regional languages etc., etc.

Although an Executive Board is the executive authority of the Akadami; it functions under the General Council. The General Council considers and approves

grammes proposed by the Executive Board. It has powers of disbursing funds for carrying out the varied objects of the Akadami.. In the opinion of the sub-Committee the functions and powers' of the General Council are of such a nature that its membership may be considered as an 'office of profit' which should disqualify a member. Memorandum No. 61 Coffee Board 12. The sub-Committee have observed that the Coffee Board exercises various executive functions, such as, fixation of internal sale quota of coffee, authorization of visit and inspection of estates, conducting sale of coffee included in the surplus

ol etc. The Board has also powers of disbursement of funds for research work, for grants to coffee estates etc.

The sub-Committee have noticed that under Act 50 of 1954 membership of the Board has been exempted from disqualifying a member of Parliament. The Board is however one of the series of commodity committees and its membership should betreated on the same footing; as other similar committees. In this connection therecommendation of the sub-Committee on Memorandum No.5 (para. 6 above) maybe seen.

"

pomaking

proi.

, ,,

Memorandum No.65-Board of Directors of the Industrial Finance Corporation

13. The Industrial Finance Corporation has been established for the purpose of making medium and long-term credits more readily available to industrial concerns in India. The Board of Directors of the Corporation, besides other functions, exercises powers of granting loans and advances to industrial concerns.

48 .

The office of 'a Director of the Corporation appears to be a position '~ .of power and Influence.

The Directors are also entitled to a fee of Rs. 100 for each meeting of the Board and a subsistence allowance of Rs. 30 per day for each day of travel and the day or days of meeting, in addition to travelling

allowance at first class rates. In the opinion of the sub-Committee the powers of the Director of the

Corporation and the emoluments drawn by him are such that the office of the Director may be considered as an 'office of profit' which should disqualify a member.

Memorandum No. 67 Board of Directors of the United States Educational Foundation in India

14. The management and direction of the Foundation is vested in a Board of Directors consisting of eight Directors four of whom are citizens of the United States of America and four are nationals of India. The Indian members of the Board are nominated by the Central Government. The functions of the Board are to finance research and other activities of nationals of India in the United States schools, recommending to the Board of Foreign Scholarships (U.S.A.) students, professors and research scholars qualified to participate in their programmes etc.

The functions of the Board, although of a non-advisory character do not appear to be objectionable.

The sub-Committee have, however, noticed that in addition to travelling allowance (first class return railway fare) the Directors are entitled to a daily allowance of Rs. 38 per day for attending meetings of the Board from a place outside Delhi, which amount exceeds the ceiling of Rs. 21 fixed by the Committee on Offices of Profit.

In the opinion of the sub-Committee if the daily allowance is broughtdown within the ceiling fixed by the Committee, the office of the Director ofthe Corporation may not be considered as an 'office of profit'.

Memorandum No. 70-Board of Directors of the Sindri Fertilizers and Chemicals Ltd.

15. The sub-Committee have examined the Memorandum of Association andArticles of Association of Sindra Fertilizers and Chemicals Limited andhave observed that the powers of the Board of Directors of the Company towhom is vested the management of the business of the Company are veryextensive and of an executive character.

49 The Office of a Director of the Company appears to be a position ofpower and influence. The Directors are also entitled to travellingallowance (first class railway fare or air fare), a sitting fee of Rs. 100 foreach meeting of the Board and Rs. 100 as incidental expenses for thejourneys and halting allowance for each meeting, which amountexceeds the ceiling of Rs. 21 per day fixed by the Committee on Officesof profit.

The sub-Committee are of the opinion that the Directorship of the Company may be considered as an 'office of profit' which should dis-qualify a member of Parliament. .

Memorandum No. 127 Excise Appellate Board (Ajmer) 6. The sub-committee have observed that the Excise Appellate Board

exercises certain functions of a judicial character. An appeal lies to theBoard from every original order passed by the Excise Commissioner,Ajmer State, if presented within 60 days from the date of the order. TheBoard has also the power to revise any order original or appellate passedby the Collector or the Excise Commissioner.

In the opinion of the sub-Committee the membership of the Board appears to give some power of influence to the member and may be considered as an 'office of profit' which should disqualify a member.

Memorandum No. 136 Bihar Subai Majlis-Awaqaf 17. The sub-Committee have observed that the general superintendence of all

waqfs in the State is vested in the Majlis. The Majlis is responsible for appropriation of the income of the waqfs in accordance with the purposes forwhich such waqfs have been founded.

The Majlis exercises considerable executive functions in theadministration of the waqfs and in the opinion of the sub-committee membership of the Majlis may be considered as an 'office of 'profit' whichshould disqualify a member.

iii Memorandum No. 142-Anti-Corruption Committee, Karimganj (Assam)

18. The function of the Anti-Corruption Committee is to considercomplaints of corruption received from the public and make suitablerecommendations to the Chief Secretary. The Committee may callreports from the local heads of offices regarding action taken by them inthe case of complaints forwarded to them for enquiry and departmental action. The Committee is also responsible for carrying propaganda infavour of uprooting corruption.

50 In the opinion of the sub-Committee the membership of the anti

corruption committees is likely to place a member in a positioninfluence and may therefore be considered as an 'office of profit' whichshould disqualify a member.

NEW DELHI; The 25th Jul,. 1955.

PANDIT THAKUR DAS BHARGAVA Chairman, sub-Committee ‘A’ Committee on Offices of Profit

51

APPENDIX 'A'LOK SABRA SCRETARIAT

COMMITTEE ON OFFICES OF PROFIT

Memoranda to be considered by sub-Committee 'A'

. MEMORANDA Nos. 5, 8, 10, 11, 12, 16, 17, 20, 22, 24, 25, 30, 31, 42,43, 47, 48, 51, 53, 61, 65, 67, 70, 73, 74, 83, 84, 89, 91, 93, 95, 99, 106,107, 113, 116, 119, 120, 125, 126, 127, 131, 135, 136, 139, 140, 142, 145,147, 148, 151, 156.

TOTAL: 52

APPENDIX `B’ Advisory Committees

Sl.No. Memorandum

No Name of the Committee

1. 16 Advisory Board and Central Advisory Board constituted under the Minimum Wages Act, 1948 (XI of 1948).

2. 20 Regional Posts and Telegraphs Advisory Committees. 3. 22 Railway Corruption Enquiry Committee. 4. 24 Advisory Committee for the Central College of Agriculture, New Delhi. 5. 25 Programme Advisory Committees attached to Stations of All India Radio. 6. 30 Tourist Traffic Advisory Committees. 7. 47 Indian National Commission for Co-operation with UNESCO. 8. 73 Broadcasts from the All-India Radio by Members, of Parliament. 9. 74 Central Advisory Committee for Endowments (Hyderabad). 10. 83 Co-operative Societies District Honorary Organisers (Bombay). 11. 84 Wild Life Advisory Board (Bombay). 12. 89 District Advisory Committees (Madhya Pradesh). 13. 91 State Labour Advisory committee (Madhya Pradesh). 14. 93 Bhopal Harijan Board. 15. 95 Nilgiries District Soil Conservation Board (Madras). 16. 106 Advisory Board for Co-operative Craft Schools (Delhi). 17. 107 Kumaun Forest Committee (Uttar Pradesh). 18. 113 State Advisory Committee for the National Cadet Corps (Delhi). 19. 116 Committee to examine the Prohibition Policy in the State (Delhi). 20. 125 Advisory Committee on the Re-organisation of States in India (Pepsu). 21. 126 State Council of Gosamvardhana (Kutch).

52

APPENDIX ` C’ Non-Advisory Committee whose membership is not objectionable

Sl.No. Memorandum No. Name of the Committee 1. 10 Board of Trustees of the Coal Mines Provident Fund. 2. 11 The Rescue Stations Committee. 3. 12 The Coal Mines Labour Housing Board. 4. 43 The Central Council of Gosamvardhana. 5. 51 Governing Body of the Central Institute of Research in Indigenous Systems of

Medicine, Jamnagar. 6. 53 Board of Administration of the Lawrenece School, Lovedale, Nilgiries. 7. 99 Madhya Bharat Cottage Industries Board (Madhya Bharat). 8. 119 Bombay City Soldiers, Sailors and Airmen’s Board (Bombay). 9. 120 State Soldiers’, Sailors’ and Airmen’s Board (Bihar). 10. 131 District Education Council at Champaran, Saran, Darbhanga and Santhal

Parganas (Bihar). 11. 135 District Scholarship Committees for award of stipends to Scheduled Castes

Students (Bihar). 12. 139 Committee of Administration of the Bihar Post War Services Reconstruction

Fund (Bihar). 13. 140 Managing Committee of H.R.H. the P.O.W. Institute of Engineering and

Technology, Jorhat (Assam). 14. 145 Nasha-Nishedh Samiti (Madhya Bharat). 15. 147 (1) Scholarship Committee, Ramanagaram Taluk Bangalore District

(Mysore). (2) Depressed Class Scholarship Committee (Mysore).

16. 148 Managing Committee, Occupational Institute, Hassan, (Mysore). 17. 151 Delhi State Scheduled Castes and Backward Classes Stipend Board (Delhi). 53

REPORT OF SUB-COMMITTEE 'B' "

I I, the Chairman of the sub-Committee 'B' of the Committee on OfficesProfit to whom the Memoranda shown in Appendix-I were referred for scrutiny, beg to submit this report on behalf of the, sub-Committee.

2. The Committee at their sitting held on the 18th July, 1955 appointed sub-Committee 'B' consisting of the following Members with instructions to report by the 22nd July, 1955:

1.Prof. G. Ranga, M.P. - Chairman. 2. Shri V. B. Gandhi, M.P. 3. Shri N. Ramaseshaiah, M.P. 4. Shrl Kamal Kumar Basu, M.P. 5. Shri M. Govinda Reddy, M.P.

3. The sub-Committee held two sittings in all.

4. The sub- considered all the Memoranda that had been allotted to them.

5. Excepting for two Memoranda, namely, Nos. 71 and 77, the sub-Committee have found that the membership of the Committees concernedcannot be treated as an office of profit which should disqualify a member ofParliament. The list of such Committees is at Appendix II.

6. The Sub-Committee have examined the terms of reference of, theseCommittees and find that they are generally advisory in character, and evenwhere their recommendations deal with definite matters of allotment offunds, giving of grants or administrative activities they are all purely of Advisory character and their recommendations can be implemented onlyafter they are properly scrutinized by the Ministries and authoritiesconcerned or by the Finance Ministry. In short, their recommendations arealways subject to final approval by the Ministry concerned. 7. As regards Memorandum No. 71, the sub-Committee are of the opinion that:

(i) No member of Parliament should be allowed to act aslegal adviser for drafting Bills or conducting cases onbehalf of' Government. Such posts should be treated asoffices of profit.

54

(ii) A Member of Parliament may act as technical adviser toGovernment provided he is not paid more than Rs. 21 per dayas daily allowance and his appointment is notified to Parliament.

(iii) A Member of Parliament may write a book, article or review forand on behalf of Government provided he is not paid morethan Rs. 21 per day as daily allowance and his appointment is notified to Parliament.

(iv) A Member of Parliament who is an owner of a printing press or anewspaper receiving Government advertisements should be considered as holding an office of profit.

8. The sub-Committee have asked for further information regarding Memorandum No. 77 regarding State Food and Civil Supplies Advisory Committee, Ajmer. The sub-Committee feel that now that the food controlshave been removed this Committee might have become functus officio.

G. RANGA, Chairman, sub-Committee 'B', Committee on Offices of Profit.

55

NEW DELHI;

The 19th July, 1955

56

APPENDIX I

Memoranda to be considered by sub-Committee ‘B’

MEMORANDUM Nos. 9 ,13, 15, 18, 21, 23, 32, 33, 34, 35, 38, 39, 40,

41, 44, 49, 50, 56, 58, 59, 60, 62, 63, 68, 71, 77, 78, 79, 80, 82, 85, 86, 90, 98,

101, 104, 105, 108, 110, 111, 114, 115, 117, 121, 129, 132, 133, 134, 141,

154.

TOTAL : 50

APPENDIX II

1. Central Board of Trustes of the Employees' Provident Fund. 2. Coal Mines Labour Welfare Advisory Committee. 3. Mica Mines Labour Welfare Advisory Committee. 4. Central Advisory Committee for the Territorial Army. 5. Central Haj Committee. 6. Board of Editors, History of Freedom Movement in India. 7. Editorial Board for Ajkal(Hindi) and Bal Bharati. 8. Ordnance Factories Reorganization Committee. 9. All India Handicrafts Board.

10. Central Advisory Council of Industries. 11. Sub-Committee of the Central Advisory Committee of Indu-

stries. . 12. Development Council for Internal Combustion Engines and

Power Driven Pumps. 13 . University Grants Commission. 14. Sangeet Natak Akadami. 15. Indian Council for Cultural Relations. 16. Committee of Educational Experts for considering educational and

other allied questions relating to the reconstitution of Osmania University as a Central Institution.

17. Board set up for examining and suggesting amendments to the Ancient Monuments Preservation Act, 1904.

18. Jallianwala Bagh National Memorial. 19. Indian Central Cotton Committee. 20 . Rubber Board. 21 Madras Dock Labour Board 22 Governing Body of the Training Ship ‘Dufferin.’ 23. Public Relations Committee (PEPSU). 24. Backward Classes Welfare Committee (PEPSU). 25. Committee to look after the interests of “Scheduled Castes”, Tribes

and other Backward Classes (Coorg). 26. Home Guards Selection Committee in the various Districts of

the State (Bombay). 27. Bihar Central (Standing) Advisory Board (Bihar).

57

58 28. Bihar Unemployment Committee (Bihar). 29. State Nira Board (Madhya Pradesh). 30. Regional Survey Committee for Madhya Bharat for Historical

Records (Madhya Bharat). 31. Town Allotment Committee, Kangra (Punjab). 32. Special Committee for fixation of Ceilings on agricultural holdings

in Rajasthan. . 33. Rajasthan Tribes Advisory Council (Rajasthan).

34. Distrist Labour Welfare Advisory Committee, Aligarh (Uttar

Pradesh). 35. District Advisory Committees for appointment of Honorary Magistrates (Uttar Pradesh).

36. Cottage Industries Khadi and Handicrafts Development Board (Delhi).

37. State Advisory Committee for the National Cadet Corps (Uttar Pradesh). 38. Advisory Board for Implementing Basic Education Scheme, Delhi.

39. Land Reforms Committee (Delhi). 40. Advisory Board constituted under the Minimum Wages Act,

1948 (XI of 1948) (Bihar). 41. Bombay State Prohibition Board and the Board of Experts

(Bombay). . 42. Board of Control of the Bihar Rashtrabhasa Parishad (Bihar). 43. District Stipend Committee, Champaran (Bihar). 44. Central Stipend Committee for Backward Muslim Communities

Welfare (Bihar). . 45. Managing Committee of the Junior Technical School, Tezpur (Assam). 46. Advisory Committee on Interim Compensation. 47. National and Zonal Railway "users' Consultative Council/Committees.

REPORT OF SUB-COMMITTEE 'C'.

I, the Chairman of the sub-Committee ‘C’ of the Committee on Offices of Profit, having been authorised by the sub-committee to present the report on their behalf, present this report.

2 The Committee on Offices of Profit at their sitting held on the 18thJuly, 1955 appointed' sub-Committee ‘C’ consisting of the under-mentioned members with instructions to examine the Memoranda shownin Appendix 'A' and to report by the 22nd July, 1955:

1. Shri S. S. More----Chairman.

2. Shri Amolakh Chand. 3. Shri Rajendra Pratap Sinha. 4. Shri Anirudha Sinha.

5. Shri Kotha Raghuramaiah. .

3. The sub-Committee held three sittings on the 18th, 19th and 20th July, 1955 and examined the Memoranda allocated to them.

4. The findings and observations of the sub-Committee are given in the succeeding paragraphs Memorandum No. 4 Employees’ State Insurance Corporation

5. The sub-committee have examined the functions and powers of the Employees' State Insurance Corporation and find that they are of an executive character. As regards the membership of the Corporation it was noted thatmembers of Parliament besides being elected by the Lok Sabha and the RajyaSabha are also nominated by Government.

In the opinion of the sub-Committee there should be no distinction between an elected member and a nominated member on a Committee for the purpose of exemption from disqualification.

The sub-Committee are of the view that where members are elected by the House under an Act there should also be added a saving clause in the relevantAct providing for exemption from disqualification.

As regards the manner of nomination of members the sub-Committee are of the view that Government should exercise the power

59

60

either on the recommendation of sectional interests or after consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. This should be provided in the relevant Acts or rules of such Committees.

Memorandum No. 7-Indian Central Sugarcane Committee

6. The sub-Committee have observed that the functions and powers of the Indian Central Sugarcane Committee are to undertake the improvement and development of growing, breeding marketing of sugarcane industry in India and all matters incidental

I....thereto. The Committee has also powers to give grants for research and other

purposes. In the opinion of the sub-Committee membership of the IndianCentral Sugarcane Committee may be considered as an 'office of profit', which shold disqualify a member. Members to the Committee are elected by theHouses of Parliament and also nominated by the State Government. Thereshould be no distinction between nominated and elected members. The sub-Committee are of the view that the name of the Committee should be includedin the schedule of Committees membership of which should not disqualify amember. . Memorandum No. 14 - Mining Board for Coal Mines (Bihar)

7. The sub-Committee have observed that the Mining Boards exercise powers of a civil and criminal court, and are of the view that membership of the Board should be considered as an 'office of profit.’

.1..

Memorandum No. 37- States Reorganization Commission

8. The sub-Committee have examined the functions and powers of the States Reorganisation Commission and have come to the following conclusions (i) Membership of Parliament requires not only attendance in the House but also entails a duty to the constituency; (ii) Membership of .a Committee which requires prolonged , absence from the House in connection with the work of the Committee, is incompatible with the membership of the House;

(iii) This incompatibility should apply in the case of committees the duration of which is more than one year. (iv) Membership of Commissions which would be a source of great influence and consequently confer powers of patron age, should be incompatible with the membership of the House.

.

..

.

The sub-Committee are of the view that membership of the StatesReorganisation Commission appears to fall within the purview of the principlesenunciated above.

61 In the opinion of the sub-Committee appointments to such commissions should always be made after approval by the House.

Memorandum No.45 Central Board of Secondary Education, Ajmer 9. The sub-Committee have noted that the Central Board of Secondary Education exercises various executive functions, such as, conducting examinations, admitting 'candidates to its examinations, causing inspections to be made of institutions etc.

In the opinion of the Sub-Committee, membership of the Board should be considered as an office of profit', but in view of the useful work done by it, recommend that its name may ,be included in the schedule of committees membership of which should not disqualify a member.

Memorandum No. 52- Board of Administration of the Lady Hardinge Medical College for Women and. Hospital for Women and Children 10. The sub-Committee have observed that besides other functions the Board of Administration administers the 'Lady Hardinge Medical College for Women and Hospital for Women and Children Fund' for carrying out the objects of the Fund. The sub-Committee have noted that the constitution of the Board provides for representation of one woman member of Parliament to be nominated by the Central Government.

The sub-Committee are of the view that power of such nomination should not be vested in Government but should be left to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

Memorandum No. 54 --Family Planning Grants Committee

11. The sub-Committee have observed that the functions of the FamilyPlanning Grants Committee are to scrutinize applications, for financial assistance from State Governments and voluntary organisation in FamilyPlanning Programme and make recommendations to Government. The sub-Committee feel that, although the powers of the Committee arerecommendatory, such recommendations are ordinarily accepted byGovernment. In the opinion of the sub-Committee membership of the FamilyPlanning Grants Committee should be considered as an 'office of profit'.

Memorandum No. 55-All India Women's Central Food Council

12. The sub-Committee have observed that the All India Women's Central Food Council performs various executive functions for furthering the objects of the Council. The Council enters into contract. with Railway Administration and is receiving grant-in-aid from the Central Government. In the opinion of the sub-Committee membership of the council should be considered as an 'office of profit'.

62 Memorandum No. 57-Development Council for Sugar Industry

E

13. The sub-Committee have observed that the Development Council performsvarious executive functions for promoting the development of sugar industry,such as, undertaking scientific or industrial research, promoting training ofpersons engaged in the industry, promoting arrangements for marketing,distribution and sale of the produce of the industry. In the opinion of the sub-Committee membership of this Development Council should be considered asan 'office of profit'. .

Memorandum No. 64-Rehabilitation Finance Administration 14. The sub-Committee have observed that the Rehabilitation

1

Finance Administration exercises powers of disbursement of loans ,

displaced persons. In the opinion of the sub-Committee membership of the Administration should be considered as an 'office of profit' ,

Memorandum No, 66-Panel of Assessors for the Railway Rates Tribunal.

15. The sub-Committee have noticed that the Railway Rates

,..

Tribunal exercises powers of a civil court and members cannot re-se to attend when called upon to do so, without incurring the risk fu"

a penalty. In the opinion of the sub-Committee holding of an appointment. on the Panel of Assessors should be considered in- compatible with the membership of the House.Memorandum No. 69-Board of Directors of the Hindusthan Shipyard Ltd.

16. The sub-Committee have noted that the Hindusthan Shipyard Ltd. is a partially owned Government concern. The Board of Directors of the Hindusthan Shipyard Ltd. exercises all the executive powers on behalf of the Company. In the opinion of the sub-Committee membership of the Board of Directors should be considered as an 'office of profit'.

In this connection the sub-Committee have observed that in terms of an agreement entered into between the Government and the Scindia SteamNavigation Company Ltd. it has been agreed that out of the total strength of 12 Directors, 8 would be Government nominees and 4 would be Scindia'snominees. At present there is one member of Parliament who is a nomineeof the Scindias. The sub-Committee are of the view that there should be nodistinction between a .Director nominated by Government or a Directornominated by the 'Scindias' for the purpose of disqualification.

63 Memorandum No. 92 -Madhya Pradesh Housing Board

17. The sub-Committee observed that the Housing Board can enter into contracts, and are of the view that membership of this Board should be considered as an ‘office of profit'.

Memorandum No. 100 - State Health Board (Uttar Pradesh)

18. The sub-Committee have observed that the State Health Board recommends sanctioning of grants by the State Government for health schemes and also sanctions grants to local bodies for sanitary works. In the opinion of the sub-Committee membership of the Board should be considered as an 'office of profit'.

Memorandum No. 112--Industrial Advisory Board (Delhi State Government) 19. The function of the Industrial Advisory Board is to assist the State

Government in distributing loans to different industries. In the opinion of the sub-Committee membership of the Board should be considered as an 'office of profit'.

Memorandum No. 128-- Central Anti-Corruption Board (PEPSU)

20. The functions of the Central Anti-Corruption Board are advisory. The sub-Committee is however of the opinion that its membership wields influence and gives opportunity to oblige and shield guilty persons and should be considered as an office of profit'.

Memorandum No. 130--Sanskrit -- Examination Board, Bihar

21. The sub-Committee have observed that the Sanskrit Examination Board exercises various executive powers, such as, appointment of paper-setters and examiners, conducting examinations etc. In the opinion of the sub-Committee, the membership of the Board should be considered as an 'office of profit', but in view of the useful work done by it, recommend that its name may be included in the schedule of committees membership of which should not disqualify a member.

Memorandum No. 137--Bihar State Board of Religious Trusts 22. The sub-Committee have observed that the Bihar State Board of Religious Trusts exercises general superintendence of all religious trusts in the State and also disburses funds of the Trust for carrying out its objects. In the opinion of the sub-Committee. the membership of the Board should be considered as an 'office of profit'. Memorandum No. 138--Bodh Gaya Temple Management Committee

23. The sub-Committee observed that the management of the Bodh GayaTemple and the properties appertaining thereto, are

64 entrusted to the Bodh Gaya Temple Management Committee, and are of the view that the membership of the Committee should be considered as an 'office of profit'. .

Memorandum No. 143--Committee to select books for study for S.S.L.C. Examination 1956

24. The sub-committee are of opinion that membership of this Committee should be considered as an 'office of profit' inasmuch as the power to select books for examinations is likely to be a source of profit to the Members.

Memorandum No. 146--Punjab State National Workers' (Relief and

Rehabilitation) Board

25. The sub-Committee have observed that, the function of the-. Punjab State National Workers' (Relief and Rehabilitation) board is to administer the Punjab National Workers' Fund for carrying out the

objects of' the Scheme. In the opinion of the sub-Committee' membership of the Board should be considered as an 'office of profit'.Memorandum No. 149-Managing Comiittee for the Rayalaseema Polytechnic, Bellary.(Mysore) .

26. The sub-Committee are of the view that the membership of

the Committee should be considered as an 'office of profit' as much asholding of such an office gives some influence to the Members.Memorandum No. 150--sub-Committee to select books to be purchased forLibraries for Education Expansion Department (Uttar Pradesh)

27. The sub Committee are of the view that membership of this Committeeshould be considered as an 'office of profit' inasmuch as the power of selection of books is likely to be a source of profit to the Members. .

\

Memorandum No 152--Bhoodan Yagna Committee (Saurashtra)

28. The sub-Committee are of the view that membership of theCommittee should be considered as an 'office of profit' inasmuch as theCommittee exercises powers of administration of lands vested in it, for thebenefit of Bhoodan Yagna.

29. The sub-Committee have examined the remaining committees whichwere referred to them (shown at Appendix 'B') and are of the view that theyfall in one of the following categories and their membership should not be

65 membership should not be considered as an 'office of profit'.

(i) Advisory Committees. (ii) Non-Advisory Committees but whose membership is not

objectionable. (iii) Investigation Committees. S. S. MORE, Chairman, Sub-Committee `C’,

~ The 22

Committee on Offices of Profit. .. New Delhi,

nd July, 1955

66

APPENDIX A

Memoranda to be considered by sub-Committee 'C'

MEMORANDA Nos. 4, 6, 7, 14, 19, 26, 27, 28, 29, 36, 37, 45, 46, 52,54, 55, 57, 64, 66, 69, 72, 74, 76, 81, 87, 88, 92, 94, 96, 97, 100, 102, 103,109, 112, 118, 122, 123, 124, 128, 130, 137, 138, 143, 144, 146, 149, 150,152, 153, 155.

TOTAL: 51.

.

APPENDIX B

I. Advisory Committees

Memo-randum

No.

Serial

No.

1

2

3

4

5 6

7

8

9

10

11

12

13

14

15 16 17 18

19

20

21

22

Name of the Committee

6 Central Advisory Board of Education.19 Central Advisory Committee for the Territorial Army in Travancore-Cochin. 26 Rural Advisory Committees attached to Stations of All India Radio. 27 Hindi Advisory Committee of the Ministry of Information

and Broadcasting. 28 Kandla Port Advisory Committee. 29 Deck Passenger Welfare Committees at Calcutta, Madras and Bombay. 46 Indian Historical Records Commission. 64(2) Advisory Board constituted under the Rehabilitation

Finance Administration Act, 1948. 75 Advisory Council of Social Service (Hyderabad). 76 Hyderabad Labour Advisory Committee (Hyderabad). 81 Committee for the Mahatma Gandhi Memorial at

Ahmedabad (Bombay). 87 The Tribes Advisory Council (Madhya Pradesh). 88 Christian Missionary Activities Enquiry Committee

(Madhya Pradesh). 94 Land Settlement Advisory Committee, Silchar(Assam).

100 Central Library Committee (Punjab). 102 State Advisory Board of Education (Punjab). 103 Divisional Canal Advisory Committees (Punjab). 118 State Committees for Compilation. of History of

Freedom Movement in India in various States. 122 Advisory Board constituted under the Minimum Wages

Act, 1948 (XI of 1948) (Bombay). 123 Board of Honorary Visitors to the Madras Veterinary

Hospital (Madras). 124 Advisory Committee for Government Hospitals

(Madras). 144 Vikram Samiti - (Madhya Bharat).

67

68

Serial No.

Memo-randum

No. Name of the Committee

153 District National Savings (Saurashtra). Committee23 Advisory

II. Committees not purely advisory but whose membership is non-objectionable.

72 Members of Parliament engaged as Examiners in Universities

96. National Art Gallery Committee and Regional Advisory Committee for the National Art Treasure Fund (Madras). 97 Regional Advisory Committee. for the National Art Treasure Fund (Madhya Bharat). 7 Indian Central Sugrcane Committee. 45 Central Board of Secondary Education, Ajmer. 130 Sanskrit Examination Board, Bihar.

24

25

26 27 28 29

30

III. Investigating Committee. 36 Committee on Prevention of Cruelty to Animals.

ANNEXURE II (See para. 11)

House of Commons Disqualification Bill

EXPLANATORY MEMORANDUM1. The main object of this Bill is to -give effect to the recommendations contained in part I of the Report of the Select Committee on Offices or

Places of Profit under the Crown (H.C. 1941 No. 120) which sat under the Chairmanship of the late Lord Hemingford (Sir Dennis Herbert. as he then was). 2. In paragraph 22 of their Report the Committee recommended that "steps should be taken to draft and introduce in the House of Commons as soon as possible a comprehensive Bill setting forth the law on this subject on the lines of the existing law and practice with 'such of the alterations or new provisions recommended later in this Report as the House of Commons may approve; and that existing legislation superseded by such Bill should be repealed". The form of the Bill contemplated by the Committee was summarized in greater detail in paragraph 63 of the Report, as follows:- .

“1. Except as hereinafter provided all persons holding an office from or under the Crown shall be disqualified for election to or for sitting as a Member of the House of Commons.

NOTE.-The expression 'an office from or under the Crown', or whatever expression may be used for the purpose, should be carefully defined and should be widely inclusive so as to cover as far as possible all the positions specifically referred to in this Report as ones which should disqualify. It may be impossible to frame a definition which will cover all such cases, in which event they must be dealt with by a special provision in the Bill. As to the form of disqualification, reference should be made to, thelatter part of Paragraph 51.

2. There shall be excepted from disqualification the holders of any of the Ministerial Offices set out in the schedule contained in paragraph 26 of this Report, but with a proviso to the effect that not more than 60 such persons shall at anyone time be Members of the House of Commons and that the proportions between ministers and parliamentary secretaries laid down in the Ministers of the Crown Act, 1937, shall be maintained.

69

70 NOTE.-This exemption from disqualification should include

freedom from any necessity for resignation or re-election onappointment to office. A holder of more than one ministerial officeshall only count as one in reckoning the 60 holders of office sopermitted to be members. The provisions of the Ministers of the CrownAct, 1937 should not be interfered with except so far as anyadjustments may be necessary.

3. There should be excepted from disqualification the holdersof the non-ministerial offices set out in the schedule contained inparagraph 30 of this Report but with such limitations (if any) as areset out in that schedule.

NOTE It should be made clear. that the exception from dis-qualification provided for in this and the preceding clause includes exemption from any necessity for resignation or re election onappointment to office.

4. It should be specially provided that the offices of steward orbailiff of His Majesty's three Chiltern Hundreds of Stoke,Desborough and Burnham, and steward or bailiff of the Manors ofEast Hendred, Northstead or Hempholme, are to continue to bedeemed to be offices of profit under the Crown, acceptance ofwhich by a Member of the House of Commons, causes him tovacate his seat.

5. No member of the House of Commons shall be appointed toa disqualifying office while he is a Member, without his consent.

6. Pensions should not be a disqualification, unless they are pensions which can be determined at the will of the Crown otherwise than for a good reason such as misconduct on the part of the pensioner. .

7. Any of the offices or places mentioned in the list inparagraph 43 of this Report which are not quite clearly covered bythe provision for disqualification, should be specifically mentioned as deemed to be disqualifying offices.

8. Provision should be made for protecting a Member againstinadvertently losing his seat as mentioned in paragraph 58.

9. The Sections of the Succession to the Crown Act, 1707,dealing with disqualification for membership of the House ofCommons or vacation of a seat the House of Commons by reasonof the holding of or appointment to an office or place of

.71 profit from or under the Crown, including clauses prescribing orrelating to penalties for sitting or voting when disqualified, and allother relevant enactments on the same subject (the effect of which with or without alteration or amendment is re-enacted by the proposed Bill), should be repealed, the provisions as to penaltiesbeing repealed without any re-enactment or substitute provisions.

NOTE - It should be observed that the purpose of repealing andnot re-enacting provisions as to penalties is to abolish the rights of thecommon informer. The reasons for this and for making no alternativeprovisions for penalties are set out in paragraphs 55 to 58 of thisReport.

10. The Act. shall come into operation forthwith, subject to suchprovisions as may be necessary to avoid interference with existingemergency legislation.”

3. The following Table shows the relation between the substantiveprovisions of the Bill and the recommendations of the Committee, anysignificant variations between the two being indicated in the third column.

TABLE .

Clause Reference in Report and remarks

Subject matter

I ,on"'''' and other specified judicial is compiled without

Paragraphs 63 (1),43, and 44 to Disqualification of judges 50. The list in Schedule I

reference to the question whether officers the holders of offices therein specified would in any event be

disqualified as holders of paidoffice under the Crown. It comprises all the judicialoffices recommended by the Committee for disqualification, and a number of additionaloffices not separately referredto by the Committee, includingScottish and Northern Irish offices.

1 (I) (a) and Schedule I

I

72

Clause Reference in Report and remarks

Subject matter

Paragraphs 63 (I) and 51. By clause I (3) the civil service is defined as including the 1 civil service of Northern Ireland.

Paragraphs 63 (I) and 33. By clause I (3) the forces are defined to include the women's forces and services. Provision is made by clause 3 for the exemption of members of reserve and auxiliary forces, and certain retired officers when not embodied or called out or employed on active duties (Paragraph 30).

Disqualification of mem-bers of the civil service.

1(1) (b)

Disqualification of mem-bers of the armed forcesof the Crown.

1(1) (c)

Paragraphs 63 (I), 43 and 52 In addition to Ambassadors . and High

Commissioners (paragraphs 43 and 52), the list in Schedule 2 includes a

,

number of offices which, for one reason or an another would

not necessarily disqualify the holder as the holder of a paid office under the Crown. Some of these (for example Commissioner of the City of London Police and Forestry Commissioners) are expressly disqualified by existing enactments. In the case of Local Government Officers the scope of the disqualification differs from that imposed by the present law.

Paragraphs 63 (I) and 22. The present. distinction between offices created before and after 1705 is abolished. Under the rules contained in Schedule III an office or place is treated as held under the Crown if the holder is appointed by Her Majesty

Disqualification of holders of miscellaneous offices.

I (1) (f) and schedule II.

I (1) (g), I (2) and

Schedule III.

General disqualificationof holders of paid officeor place under theCrown.

73

Clause Reference in Repot and remarks Subject matter

or by a Minister or officer of a department of the government of the United Kingdom acting as such. It is treated as a paid office if the holder has received or agreed to receive remuneration or if provision is made by any enactment or statutory or prerogative instrument for the payment ofremuneration for which he is eligible. Special provision is made by the Schedule in respect of positions in statutory and other companies controlled by the Government.

Paragraphs 63 (2), 25 and 26.The offices listed in Schedule IV (comprising some 78 posts) are those which make up contemporary Governments (with the exception of the Lord Chancellor), and the maximum number permitted to sit together in the House of Commons under sub-section (2) (a) of the clause is 70. Sub-section (2) (b) imposes a corresponding limit of 27 out of 30 senior posts specified in Part I of the Schedule.

Paragraph 30. See clause I (I) (c).

Exception from disqua-lification for holders ofministerial office.

2 and Sche-dule IV

Exception from disqua-lification for membersof reserve and auxiliaryforces, etc.

Disqualification of hol-ders of certain officesfor specified consti-tuencies only.

3.. ..

Paragraph 30. The list in Part I of Schedule V includes the commissioners of Lieutenancy in the City of London and paid Chairmen and Deputy Chair-

men of Quarter Sessions appointed under the Adminis-tration of Justice (Miscel-laneous Provisions) Act,

4 and Schedule V Part I.

74

Clause Subject matter Reference in Report and remarks

1938, as well as the similar Offices for which the Commit-tee recommended a limited geographical disqualification.

4 and Schedule V Part II.

Exception from disquali-fication for holders of miscellaneous offices.

Paragraph 30. The list in Sche-dule V, Part II includes a number of offices in addition to those mentioned in paragraph 30. It also omits several of the offices specified in that paragraph, for example that of unpaid member of the Forestry Commission, which was abolished by statute in 1945.

Paragraphs 63 (4) and 28. Stewardship of Chiltren Hundreds etc.

5.. ..

Disqualification of Crown Pensioners.

7.. .. Paragraphs 63 (6) and 42.

Effects of disqualifica tion.

Paragraph 63 (1) (Note), and paragraph 51.

8(1).. ..

Power of House of Com

\ disqualification. also to disqualification incurred before

Paragraphs 63 (8) and 58. Summons to dispense with Sub-section (2) applies

election.Paragraphs 63 (5) and 36. Relaxation of obligation

to accept office underthe Crown.

8(2) and (3)

10.. ..

15 and Sche- I Repeals dule VII.

Paragraph 63 (9). The enact-ments described in Schedule VII include those which disqualify members of the House of Commons for appointment to particular offices as well as those which disqualify holders of particular offices for membership of the House of Commons. They also include all out-standing enactments which impose penalties for sitting

.

75

Clause Reference in Report and remarksSubject matter

and voting in the House whendisqualified, with the exceptionof section 2 of the House ofCommons (Clergy Dis-qualification) Act, 1801, whichfalls outside the scope of theBill. Sub-section (2) of clause15 prohibits the taking ofproceedings by way of com-mon information under any ofthe repealed enactments inrespect of any contraventionwhich may have taken' placebefore the Bill comes intoforce.

4. The Bill contains a number of provisions additional to thoserecommended by the Committee, as follows:

(1) Clause 1 (1) (d) and (e) disqualify Members of police forcesand Members of the Legislatures of countries outside the BritishCommonwealth.

(2) Clause 6 re-enacts with minor amendments the relevant provisions of the House of Commons (Disqualification) Act, 1782, the House of Commons (Disqualifications) Act, 1801, and the House of Commons Disqualification (Declaration of Law) Act, 1931, under which certain government contractors are disqualified for membership of the House. The amendments include provision for the case of contracts made by controlled companies.

The existing provisions for penalties for sitting and voting when disqualified on this ground are repealed by clause 15 and Schedule 7.

(3) Clause 9 provides that any person seeking to establish that aMember of the House is disqualified may apply to the JudicialCommittee of the Privy Council for a declaration to that effect. Thisjurisdiction supplements the existing jurisdiction of the JudicialCommittee in respect of cases referred under Section 4 of the JudicialCommittee Act, 1833, and provides a partial substitute for the oldproceeding by way of common information. To this extent therefore the Bill departs from the course contemplated by the note to paragraph63(9) of the Committee's Report.

76 (4) Clause 1l. limits the operation of certain statutory and other

provisions which provide for the payment of allowances for loss ofremunerative time or of allowances' for expenses at rates exceeding thenormal Treasury rates. Such allowances are treated by Schedule III asequivalent to remuneration. Clause 11 (which follows out a principlealready adopted by Parliament in section 12 of the Medical Act, 1950 and other subsequent enactments), secures that the relevant provisions forallowances do not apply to members of the House. The result will be thatan office which is not remunerated except by an allowance of .this kindwill not rank as a paid office under the Bill, but a member of the Housewho holds the office cannot receive the allowance.

(5) Clause 12 provides for the application of the Bill to the Parliamentof Northern Ireland subject to the modifications set out in Schedule VI.The main provisions of clause 1 of the Bill are applied to Northern Irelandwithout modification; but a different list of disqualifying offices issubstituted for Schedule II, and Schedule III is modified so as to includeamong the offices treated as held under the Crown those offices of whichthe holder is appointed by the Governor of Northern Ireland, or byMinisters of Ministries of Northern Ireland, and to exclude offices ofwhich the holder is appointed by Ministers or officers of United Kingdomdepartments. Clause 2 is replaced by a provision preserving the existing right of all Ministers of Northern Ireland to sit in either House of theParliament of Northern Ireland. Clause 5 is excluded (resignation beingpermitted by section 18(5) of the Government.. of Ireland Act, 1920); and the remaining provisions of the Bill are applied with modification similarin principle to those already described.

(6) Clause 13 contains temporary provisions of a technical character.

5. Under clause 16 the main provisions of the Bill come into operation in relation to the House of Commons of the Parliament of the United Kingdom and in relation to the Parliament of Northern Ireland on the next dissolution of those Parliaments respectively. The statutory provisions for proceedings by way of common information are however repealed for all purposes as from the passing of the Bill.

I.1.

House of Commons Disqualification Bill

ARRANGEMENT OF CLAUSES

Clause Offices or places

Disqualification of holders of certain offices and places. Ministerial offices. Reserve and auxiliary forces, etc.

Other offices involving limited disqualification or no disqualification Stewardship of Chiltern Hundreds, etc.

Crown contracts and pensions

1. 2. 3. 4.

'"

5.

6. 7.

Crown contracts. Crown pensions.

General and supplementary provisions Effects of disqualification and provision for relief. Jurisdiction of Privy Council as to disqualification. Relaxation of obligation to accept office under the Crown

Restriction of certain enactments, etc. providing for payment of allowances.

Provisions relating to Parliament of Northern Ireland. Temporary provisions. Interpretation. Repeals. Short title and commencement.

8. 9.

10. 11.

12. 13. 14. 15. 16.

SCHEDULES : First Schedule - Judicial offices disqualifying for membership.

Second Schedule - Miscellaneous offices disqualifying for membership.

Third Schedule - Paid offices under the Crown: rules as to application of s. 1 (1) (g). 77

78 Fourth Schedule - Ministerial offices.

Part I- Offices within s. 2(2) (b).

Part II - Other offices. Fifth Schedule-Offices involving limited disqualification or no

disqualification. Part I - Offices disqualifying for particular constituencies. Part II - Offices involving no disqualification.

Sixth Schedule-Modifications of this Act in relation to Senate and House of Commons of Northern Ireland. Seventh Schedule-Enactments repealed.

Part I - Enactments of the Parliament of England, of Great Britain and of the United Kingdom.

Part II - Enactments of the Parliament of Ireland and of Northern Ireland.

.

79

A

BILL

TO Re-enact with modifications the law relating to the

disqualification for membership of the House of Commons of persons holding offices or places under the Crown and other offices or places, and personscontracting with the Crown or having pensions from theCrown; to make corresponding provision in respect of the Senate and House of Commons of Northern Ireland; and for purposes connected with the matters aforesaid.

BE it enacted by the Queen's most Excellent Majesty, byand with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the authority of the same, as follows:-

.

Offices or places

1. (1) Subject to the provisions of this Act, a person is disqualified Disqualification for membership of the House of Commons who for the time being. of holders of certain offices and places. (a) holds any of the judicial offices specified in the First Schedule to this Act; (b) is employed in the Civil Service of the Crown, whether in an established capacity or not, and whether for the whole or part of his time;

(c) is a Member of any of the armed forces of the Crown.

(d) is a member of any police force, maintained by a police authority; (e) is a member of the Legislature of any country

or territory outside the Commonwealth; (f) holds any office or place specified in the Second

Schedule to this Act; or (g) holds any paid office or place under the Crown not described in the foregoing paragraphs of his sub-section.

, ,>

80 (2) The rules set out in the Third Schedule to this Act shall

have effect for the determination of any question whether an office or place for the time being held by any person is held under the Crown or is a paid office or place.

(3) In this section "the Armed Forces of the Crown" includes the Women's Royal NavaI Service, Queen Alexandra's Royal Naval Nursing Service and the Voluntary Aid Detachments, as well as forces raised under the Army and Air Force (Women's Services) Act, 1948; "civil service of the Crown" includes the civil service of Northern Ireland; and "police authority'! includes the Ministry of Home Affairs for' Northern Ireland:

Ministerial offices 2. (1) A person is not disqualified under section one of this

Act by reason of his holding an office specified in the Fourth Schedule to this Act (in this section referred to as a Ministerial office) or any office or place which he holds ex-officio as the holder of an office specified in that Schedule.

(2) Not more than the following numbers of persons being the holders of Ministerial offices shall be entitled to sit and vote in the House of Commons at any, one time, that is to say

(a) seventy persons in all; (b) twenty-seven persons being the holders of offices

specified in Part I of the said Schedule.

(3) If at any time the number of members of the House of Commons who are holders of Ministerial offices, or of Ministerial offices of any class, exceeds the greatest number entitled to sit and vote in that House under the foregoing provisions of this section, none except any who were both members of that House and holders of Ministerial offices, or of Ministerial offices of the relevant class, as the case may be, before the excess occurred shall sit or vote therein until the number has been reduced, by death, resignation or otherwise, to the greatest number entitled to sit and vote as aforesaid.

.

(4) In paragraph (d) of sub-section (3) of section one of theMinisters of the Crown (Transfer of Functions) Act, 1946 (whichenables an Order in Council under that section to makeconsequential modifications of enactments described in thatparagraph) the reference to enactments regulating the number ofoffice holders who may be' elected, and sit and vote, as membersof the House of

81 Commons shall be construed as a reference to this section and theFourth Schedule to this Act; and the reference in section two of thatAct to such enactments as are mentioned in the said paragraph (d)shall be construed accordingly.

3. (1) A person is not disqualified under section one Reserve andof this Act by reason of his being - auxiliary . forces etc.

(a) a member of any reserve or auxiliary force; (b) an officer on the retired or emergency list of the

Royal Navy, the Royal Marines, the Army or the Royal Air Force; or

(c) an officer holding an emergency commission in the Army or the Royal Air Force, or. belonging to any reserve of officers,

unless, in any such case, he is for the time being embodied orcalled out on permanent or actual service or is otherwise employed in the naval, military or air force service of the Crown,not being so employed by virtue only of an obligation or voluntary arrangements under which the continuous duration ofhis being so employed is limited to three month or less.

(2) A person is not disqualified under the said section one by reason of his being an Admiral of the Fleet, a Field Marshal or a Marshal of the Royal Air Force, if he does not for the time being hold an appointment in the naval, military or air force service of the Crown.

(3) A person is not disqualified under the said section one by reason of his being a Member of the Home Guard, whether or not that force is for the time being mustered.

'

(4) In this section "reserve or auxiliary force" means

(a) the Royal Naval Special Reserve, the Royal NavalReserve (including the Royal Fleet Reserve), the RoyalNaval Volunteer Reserve, the Royal Naval Volunteer Supplementary Reserve, the Royal Naval EmergencyReserve, the Royal Marine Forces Volunteer Reserve,the Royal Marine Emergency Reserve, the TerritorialArmy, the Army Reserve, the Royal Auxiliary AirForce, or the Air Force Reserve (including the Royal Air Force Volunteer Reserve), including in each case anywomen members thereof:

82 (b) reserve or auxiliary elements of a force raised under the Army and Air Force (Women's Service) Act, 1948, of the Women's Royal Naval Service or of Queen Alexandra's Royal Naval Nursing Service; and .

(c) a Voluntary Air Detachment. Other . 4. A person who for the time being holds any office specified Offices in Part I of the Fifth Schedule to this Act is disqualified for Involving limit e House Commons for any constituency ed membership of thdisqualifi . cationor no dis- specified in relation to that office in the second column of that qualification. Part; but except as aforesaid, a person is not disqualified under

this Act for membership of that House by reason of his holdingany office or place specified in the said Fifth Schedule.

Stewardship of Chiltern Hundreds, etc.

5. The office of steward or bailiff' of Her Majesty’s three Chiltern Hundreds of Stoke, Desborough and Burnham, of the Manor of East Hundred, of the Manor of Northstead, or of theManor of Hempholme shall be deemed to be a paid office under the Crown within the meaning of this Act.

Crown contracts and pensions

6. (1) Subject to the provisions of this section, a person isdisqualified for membership of the House of Commons if he, orany body corporate over which he has control, .is party to acontract to which this section applies and any obligation imposedon him (or, as the case may be, on that body corporate) by thecontract remains unperformed and enforceable.

Crown contracts.

(2) This section applies to any contract made with adepartment or officer of Her Majesty's Government in the UnitedKingdom, being a contract for the furnishing of money to beremitted abroad, or of wares or merchandise required for thepurposes of Her Majesty's said Government or of theGovernment of Northern Ireland.

(3) For the purposes of the foregoing sub-section, a contract made with any department or officer of the Government of Northern Ireland acting in pursuance of arrangements (whethermade in pursuance of section sixty-three of the Government of Ireland Act, 1920, or otherwise) for the performance of functionsof any department or officer of Her Majesty's Government in theUnited ,

83 Kingdom shall be deemed to be made with the last-mentioned department or officer.

(4) Notwithstanding anything in this section a person is notdisqualified there-under

. (a) by virtue of a sale of goods for immediate delivery wherethe amount or value of the consideration does not exceedone hundred pounds .and the sale does not form part of alarger transaction or series of transactions in respect ofwhich the amount or value, or the aggregate amount or value, of the consideration exceeds one hundred pounds;

(b) by virtue of anything done pursuant to arrangements for providing guaranteed prices or assured markets forproducers generally of any produce, being produce towhich Part I of the Agriculture Act, 1947, applies;

(c) by virtue of the sale of any goods in pursuance of an obligation imposed in that behalf by or under any enactment;

and is not so disqualified by reason of his having control over a body corporate which is a party to any contract unless he had control over that body when it became party to the contract. 5. Nothing in this section shall be construed as applying to any officer of Her Majesty’s Government in the United Kingdom or of the Government of Northern Ireland in respect of a contract made by him as such, or made by any body corporate over which he has control as such

7. (1) A person having a pension from the Crown to Crown which this section applies is disqualified-d for membership pensions of the House of Commons.

(2) This section applies to any civil list pension to which section five of the civil List Act, 1837, - applies, and to any other pension granted duringpleasure or. for any period, less than the life of the pensioner and payable out of the Consolidated Fund,' out of moneys provided by Parliament, or out ofsums paid for Her Majesty's Civil List, not being

(a) a pension granted in the exercise of power in that behalfconferred by any -enactment or instrument made under anyenactment, or by any Royal

84 Warrant or other instrument made in exercise of HerMajesty's Prerogative relating to Her forces or any ofthem (whether referred to as a pension or as asuperannuation allowance, or as half pay or retired pay,or by any other designation);

(b) a retired allowance granted in respect of a person who has been a member of the Royal Household.

(3) Section thirty of the Civil List and Secret Service MoneyAct, 1782 (which provides that gross sums given as of royalbounty as mentioned in section twenty nine of that Act more thanonce in three years shall be reputed a pension) shall cease to haveeffect.

General and Supplementary Provisions

Effects of 8. (1) Subject to any order made by the House of disqualification Commons under the following provisions of this sectionand provision for relief.

(a) if any person disqualified by this Act for membership of the House of Commons, or for membership of that House for a particular constituency, is elected as amember of that House, or as a member for that constituency, as the case may be, his election shall bevoid; and

(b) if any person being a member of that House becomes disqualified by this Act for membership of that House,or for membership for the constituency for which he is sitting his seat shall be vacated.

(2) If in a case falling or alleged to fall within the foregoing sub-section it appears to the House of Commons that the grounds of disqualification or alleged disqualification under this Act which subsisted or arose at the material time have been removed, and that it is otherwise proper so to do, the House may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section:

Provided that no such order shall affect the proceedings on any election petition or any determination of an election court, and this sub-section shall have effect subject to the provisions of sub-section (5) of section one hundred and twenty-four of the Representation of the People Act, 1949 (which relates to the making of an order by the House of Commons when informed of a certificate and any report of an election court).

85 (3). In any case where, apart from this provision, the Speaker

of the House of Commons would be required to issue during a recess of that House a warrant for a new writ for election of amember of that House in the room of a member becomingdisqualified by this Act, he may, if it appears to him that anopportunity should be given to the House to consider the making of an order under sub-section (2) of this section, defer the issueof his warrant pending the determination of the House.

.CJurisdiction of Privy Council as to disquali- fication

lby this Act, or has been so disqualified at any time since his election, may apply to Her Majesty in Council, in accordance with such rules as Her Majesty in Council may prescribe, for a declaration to that effect.

(2) Section three of the Judicial Committee Act, 1833 (which provides for the reference to the Judicial Committee of the Privy Council of appeals to Her Majesty in Council) shall apply to any application under this section as it applies to an appeal to Her Majesty in Council from a court.

(3) Upon any such application the person in respect of whom the application is made shall be the respondent; and the applicant shall give such security for the costs of the proceedings, not exceeding two hundred pounds, as the Judicial Committee may direct.

(4) For the purpose of determining any issue of fact arising on an application under this section the Judicial Committee may direct an issue between the applicant and the respondent to be tried -

(a) if the constituency for which the respondent purports to be member is in England or Wales, in the High Court;

(b) if that Constituency is in Scotland, in the Court of Session; . . (c) if that Constituency is in Northern Ireland, in the

High Court in Northern Ireland; and the decision of that Court upon any such issue shall be final.

(5) A declaration may be made under this section not-withstanding that the disqualification in question is one arising by reason of circumstances which subsisted at the time of the respondent's election:

9. (1) Any person who claims that a person purporting to be a member of the House of Commons is disqualified

86 Provided that if an election petition on which the

respondent's election is or was in issue is pending or has been tried, a declaration shall not be so made unless the Judicial Committee is satisfied that the question of his disqualification by reason of those circumstances has not been raised, or, as the case may be, was not raised, in the proceedings on the petition.

Relaxation of 10. (1) No person being a member of the House of obligation to Commons, or for the time being nominated as a candidate accept office for election to that House, shall be required to accept any office under the place by virtue of which he would be disqualified by this Act for crown. membership of that House, or for membership of that House for the constituency for which he is sitting or is a candidate.

(2) This section does not affect any obligation to serve in the armed forces of the Crown, whether imposed by an enactment or otherwise. .

11 (1) This section applies to any office or place under the Crown in the case of which provision for the payment of allowances is made by any enactment, or by any instrument made under any enactment or in the exercise of Her Majesty’s Prerogative, not being an office or place the holder of which is excepted from disqualification by virtue of any of the foregoing provisions of this Act.

(2) In relation to any period during which an office or place to which this section applies is held by a person being a member of the House of Commons, the relevant enactment or instrument shall be of no effect in so far as it provides -

(a) for the payment of any allowance for loss of earnings or remunerative time; or

(b) for the payment of any allowance for expenses which would fall to be treated as remuneration by virtue of paragraph 10 of the Third Schedule.

t this Act. o (3) In relation to any enactment or instrument passed or

made after the commencement of this Act, the foregoing provisions of this section shall have effect subject to any express provision to the contrary which may be contained in the said enactment or instrument.

Restriction of certain enactments etc. provid-ing for payment of

allowances.

12. (1) The foregoing provisions of this Act, and the

provisions

relating to Parliament of Northern

Schedules therein referred to, shall apply in relation to Ireland. the Senate and the House of Commons of Northern Ireland, subject to the modifications specified in the Sixth

t nla ~ing

tO p

87 Schedule to this Act, as they apply in relation to the House of Commons of the Parliament of the United Kingdom, and shall soapply in substitution for so much of sub - section (2) of sectioneighteen of the Government of Ireland Act, 1920 as relates tomatters regulated by this Act.

(2) The power of the Parliament of Northern Ireland to make

laws shall include power to make provision for disqualifying for membership of the Senate and House of Commons of Northern Ireland the holder of any specified office or place, being an office or place constituted by or under any enactment of that Parliament passed after the commencement of this Act, and for repealing or amending any provision so made.

(3) It is hereby declared that the powers of the Senate and of the House of Commons of Northern Ireland under sub-section (1) of section eighteen of the said Act of 1920 include, power to declare that the seat of a member of the said Senate of House of Commons, as the case may be, is vacant on account of any disqualification incurred under this Act, under sub-section (2) of the said section eighteen, or under any such provision as is authorised by the last foregoing sub-section. 13. (1) So long as the Ministers of the Crown (Emergency Temporary

Appointments) Act, 1939, as applied by the Minister of National provisionsService Order, 1939, continues in force by virtue of section five of the Ministers of the Crown (Transfer of Functions) Act, 1946, references in this Act to the Minister of Labour and the Ministry of Labour shall be construed as references to the Minister and the Ministry of Labour and National Service, and notwithstanding anything in the said section five, sub-section (2) of section one of the said Act of 1939 shall not apply.

(2) So long as the National Arbitration Order (Northern Ireland), 1940, remains in force, this Act shall have effect as if the National Arbitration Tribunal (Northern Ireland) were included among the Courts and Tribunals described in the First Schedule to this Act.

14. (1) In this Act the following expressions have the Interpretation hereby respectively assigned to them, that is to say:-

"control" in relation to a body corporate, means the power

of a person to secure, by means of the holding of shares or the possession of voting

.

..

88 power in or in relation to that or any other body corporate, or by virtue of powers conferred by the articles of association or other document regulating the constitution of that or any other body corporate, that the affairs of the first mentioned body corporate are conducted in accordance with the wishes of that person;

"enactment" includes an enactment of the Parliament of Northern Ireland; .

"Minister of State" means a member of Her Majesty's Government in the United Kingdom appointed at a salary, who neither has charge of any public department nor holds any other of the offices specified in the Fourth Schedule to this Act.

(2) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any subsequent enactment. .

Repeals 15. (1) The enactments described in the Seventh Schedule to this Act (which include, as well as enactments disqualifyingparticular classes of persons for membership of the House ofCommons, enactments disqualifying members of the House ofCommons, or of the Senate or House of Commons of NorthernIreland, for holding particular offices or places) are herebyrepealed to the extent specified in the third column of thatSchedule.

(2) Notwithstanding anything in sub-section (2) of section thirty-eight of the Interpretation Act, 1889 no proceedings shall lie under any enactment repealed by this Act for the recovery of any penalty alleged to have been incurred by any person by reason of his having sat or voted in the House of Commons, or in the Senate or House of Commons of Northern Ireland, at any time before the repeal, in contravention of any such enactment.

Short-title and 16. (1) This Act may be cited as the House of Commons commencement Disqualification Act, 1955.

(2) This Act shall. come into force -

(a) so far as it relates to membership of the House ofCommons of the Parliament of the United Kingdom, on the dissolution of the present Parliament of the UnitedKingdom;

.

89 (b) so far as it relates to membership of the Senate or House

of Commons of Northern Ireland, on the dissolution ofthe present Parliament of Northern Ireland:

Provided that sub-section (2) of section fifteen of this Act, and so much of sub-section (1) of that section as repeals any enactment enabling such proceedings to be taken as are mentioned in the said sub-section (2), shall come into force on the passing of this Act.

(3) If the dissolution of the present Parliament of the United Kingdom takes place before the dissolution of the present Parliament of Northern Ireland, sub-section (2)

of section eighteen of the Government of Ireland Act, 1920(which applies to the last-mentioned Parliament the law for thetime being in force relating to the qualification and disqualification of members of the House of Commons of theParliament of the United Kingdom) shall have effect until thedissolution of the present Parliament of Northern Ireland as ifthis Act (except so far as it comes into force on the passing ofthis Act) had not been passed.

A.D. 1955. SCHEDULES

SECTION 1. FIRST SCHEDULE

JUDICIAL OFFICES DISQUALIFYING FOR MEMBERSHIP

Judge of the High Court of Justice or Court of Appeal.

Judge of the Court of Session.

Judge of the High Court of Justice or Court of Appeal in Northern Ireland.

Judge of the Courts Martial Appeal Court. Vice-Chancellor of the County Palatine of Lancaster. Chancellor of the. County Palatine of Durham. Chairman of the Scottish Land Court.

Judge of Appeal in the Isle of Man.

Recorder of London. Common Serjeant.

Assistant or Additional Judge of the Mayor's and City of London Court.

Judge of a County Court in England or Wales.

Sheriff or Salaried Sheriff Substitute appointed under the Sheriff Courts (Scotland) Act, 1907. County Court Judge in Northern Ireland within the meaning of Government of Ireland Act, 1920. Chairman or paid Deputy Chairman of London Quarter Sessions. Stipendiary Magistrate within the meaning of the Justices of

the Peace Act, 1949. Stipendiary Magistrate in Scotland. Resident Magistrate appointed under the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935.

.

Registrar of the Judicial Committee of the Privy Council. Master or Assistant Master of the Supreme Court.

90

91 Official Referee to the Supreme Court. Registrar of the High Court. Officer of or attached to the Supreme Court of Northern Ireland to whom section seventy-six of the Supreme Court of Judicature (Ireland), Act, 1877, applies. Clerk of Assize. Clerk of the Crown and Peace in Northern Ireland.

Registrar appointed for a district under the County Courts Act, 1934. Industrial Injuries Commissioner or Deputy Industrial Injuries Commissioner. National Insurance Commissioner or Deputy National Insurance Commissioner.

Umpire or Deputy Umpire appointed for any of the purposes of theNational Insurance Acts (Northern Ireland), 1946, or for thepurposes of the Family Allowances Act (Northern Ireland), 1945.

Member of any of the following Courts and Tribunals - an Industrial Court, including a court established in

Northern Ireland; the Lands Tribunal or the Lands Tribunal for Scotland; the Scottish Land Court; the Sites Commission constituted under the Industries

Development Act (Northern Ireland), 1945; the Transport Tribunal or the Transport Tribunal for

Northern Ireland.

92

A. D. 1955 SECTION I SECOND SCHEDULE Miscellaneous Offices disqualifying for Membership Agent in Great Britain of the Government of Northern Ireland. Ambassador.

Attorney-General of the Duchy of Lancaster.

Clerk or Assistant Clerk of Petty Sessions in Northern Ireland. Commissioner of the City of London Police. Commissioner of the General Board of Control for Scotland.

Comptroller and Auditor-General for Northern Ireland. Counsel to the Secretary- of State under the Private Legislation

Procedure (Scotland) Act, 1936. Crown Solicitor in Northern Ireland. Development Commissioner appointed under the Development

and Road Improvement Funds Act, 1909. Director appointed by the Board of Trade of a trading or

Industrial Estate Company within the meaning of the Distribution of Industry - Act, 1945, being a company which is party to any agreement made with the Board for the purposes of section one or section two of that Act. .

Forestry Commissioner. Governor of the British Broadcasting Corporation. High Commissioner appointed by Her Majesty's Government

in the United Kingdom. Legal Adviser to the Ministry of Home Affairs for Northern

Ireland. Local government officers, the following

Clerk or deputy clerk of the council of a county in Englandand Wales or of the council of urban or rural district in England and Wales or Northern Ireland;

County clerk or depute county clerk of a county in Scotland;

93 Secretary or deputy secretary of the council of a county in Northern Ireland; Clerk or deputy clerk of a district council in Scotland; Town clerk or deputy town clerk of the City of London, of a metropolitan borough, of a borough in England and Wales outside London, or of a county borough or borough in Northern Ireland; Town clerk or depute clerk of a burgh in Scotland. Member of an Agricultural Marketing Board (that is to say a board constituted to administer a scheme under the Agricultural Marketing Act, 1931). Member of a County Agricultural Executive Committee,

Sub-Committee, or District Committee constituted under the Aquiculture Act, 1947. or of an Agricultural Executive Committee or Sub-Committee constituted under the Agriculture (Scotland) Act, 1948.

Member of a National Broadcasting Council Member of the Ulster Transport Authority. Member of any of the following tribunals -

the Tribunal constituted under section forty-three of the National Health Service (Scotland) Act, 1947;

a Pensions Appeal Tribunal constituted for Scotland or Northern Ireland;

the Tribunal established under Part II of the Wireless Telegraphy Act, 1949.

Minister of Northern Ireland or other officer in the Executive of Northern Ireland. Officer or other member of the County Court Service within the meaning of the County Offices and Courts Acts (Northern Ireland) 1925 and 1933. Officer or servant employed (otherwise than as a constable) under the Commissioner or Receiver of the Metropolitan Police. Public Works Loan Commissioner. Speaker of the Senate or House of Commons of Northern Ireland. Standing Counsel to any Department of Her Majesty's Government inthe United Kingdom. Standing Counsel to the Speaker of the Senate or House of Commons of Northern Ireland.

SECTION 1 THIRD SC HEDULE

PAID OFFICES UNDER THE CROWN: RULES AS TO APPLICATION OF .SECTION 1 (1) (g) Offices or places held under the Crown

1. A person holding an office or place (not being an office to which the next following paragraph applies) holds it under the crown if and only if he is appointed thereto by Her Majesty, by any minister of the Crown, or by any officer or servant of Her Majesty employed for the purposes of a government department.

2. A person holding the office of Director, General Manager, Secretary or other similar officer a body corporate holds it under the Crown if and only if

(a) he is appointed to it as mentioned in paragraph 1 of this

Schedule; or (b) he is elected to it, or is appointed to it otherwise than as . aforesaid, in the following circumstances, that is to say:

(i) where any such Minister or officer or servant as aforesaid has control. over the body corporate, either generally or so far as concerns the election or appointment in question; or

(ii) where the nomination or recommendation of any such Minister or officer or servant is necessary for the election or appointment in question;

and for the purposes of this paragraph the definition of "control" in section fourteen of this Act shall apply as if the words' “or any other” (in both places where those words occur) and the words “first mentioned” were omitted.

3. In relation to any body corporate in respect of which rights or powers are vested in or exercisable by the Iron and Steel Holding and Realization Agency, the last foregoing paragraph, and paragraph 1 of this Schedule as applied thereby, shall have effect as if that Agency were an officer or servant of Her Majesty employed for the purposes of a government department.

4. No account shall be taken, in determining whether an office or place is held under the Crown, of the source of 'any remuneration in respect of it.

94

95 5. In the foregoing provisions of this Schedule -

(a) "Minister of the Crown" means the holder of any office specified in the Fourth Schedule to this Act or the Lord Chancellor, and includes Her Majesty's Privy Council;

(b) "government department" means a department in the charge of a Minister of the Crown,

and any reference in those provisions to a Minister of the Crown or to an officer or servant employed for the purposes of a government . department is a reference to him acting in his capacity as such.

Paid offices or places 6. Subject to the following provisions of this Schedule, an office or place held by anyperson is a paid office or place if and only if --

(a) he has received remuneration in respect of the office or place, being remuneration for a period since the appointment or election by virtue of which he holds it; or

(b) he holds the office or place on the terms of an agreement or arrangement (whether legally enforceable or not) under which, if carried out, he will or will in certain events receive such remuneration; or

(c) There is in force in respect of the office or place - (i) any enactment (not being an enactment conferring

power to make any such instrument as is mentioned in the next following head of this sub - paragraph) ;

(ii) any Order in Council, order, scheme, rule, regulation or other instrument made under or by virtue of any enactment;

(iii) any Order in Council, Letters Patent, Royal Warrant orother instrument made in the exercise of Her Majesty'sPrerogative; or

(iv) in the case of an office or place in or under any bodycorporate, any provision of the articles of association orother document regulating the constitution of that body,

which authorizes or requires remuneration to be paid to theholder, or to all or any of the holders, of the office or place(whether subject or not to any conditions or limitations), andhe is eligible to receive such remuneration.

.

96 7. For the purposes of sub-paragraph (c) of paragraph 6 of this Schedule,

a person shall be deemed to be eligible to receive such remuneration as is therein mentioned in respect of an office or place if such remuneration could be paid to him in pursuance of the relevant enactment, instrument or provision, or could be so paid subject to the satisfaction of any necessary condition, no account being taken of any agreement or arrangement to the contrary under which he holds that office or place:

Provided that where the number of holders of an office or place to whom such remuneration is authorized or required to be paid is less than the whole number, no person holding that office or place at the time of the occurrence of a vacancy among the holders shall be deemed to be eligible to receive such remuneration by reason only of the occurrence or continuance of the vacancy. 8. Where the operation of any such enactment, instrument or provision as is mentioned in the said sub-paragraph (c) is restricted by its terms, or by virtue of section eleven of this Act or any other enactment, so as to preclude the payment of remuneration their under to any person in respect of a period when he is a member of the House of Commons, any such remuneration received or receivable by any person in respect of a period when he is not a member of that House shall be disregarded for all the purposes of the said paragraph 6.

9. References in this Schedule to remuneration in respect of an office or place include references to remuneration in respect of the performance of functions or services which the holding of that office or place qualifies or entitles the holder to perform.

10. For the purposes of this Schedule any allowance for loss of earnings or of remunerative time, or for expenses (other than an allowance for expenses at a rate not exceeding the highest rate fixed by the Treasury in relation to expenses of persons in the civil service of the Crown or serving on Royal Commissions), shall be treated as remuneration; and any benefit which is capable of having a money value assigned to it with reasonable facility shall be treated as remuneration to the like extent as a payment of an equivalent sum of money.

SECTION 2

FOURTH SCHEDULE MINISTERIAL OFFICES PART I

OFFICES WITHIN SECTION 2(2) (b) Prime Minister and First Lord of the Treasury. Lord President of the Council. Lord Privy Seal. Chancellor of the Duchy of Lancaster. Paymaster General. Secretary of State. . Chancellor of the Exchequer. First Lord of the Admiralty. Minister of Agriculture, Fisheries and Food. Minister of Defense. Minister of Education. Minister of Fuel and Power. Minister of Health. Minister of Housing and Local Government. Minister of Labour. Minister of Pensions and National Insurance. Postmaster General. Minister of Supply. President of the Board of Trade. Minister of Transport and Civil Aviation. Minister of Works. Minister of State.

PART II

OTHER OFFICES

Attorney General. Lord Advocate. Solicitor General. Solicitor General for Scotland.

97

98 Financial Secretary to the Treasury. Economic Secretary to the Treasury. Parliamentary Under Secretary of State. Parliamentary and Financial Secretary to the Admiralty. Civil Lord of the Admiralty. . Parliamentary Secretary to the Ministry of Agriculture,

Fisheries and Food. Parliamentary Secretary to the Ministry of Defence. Parliamentary Secretary to the Ministry of Education. Parliamentary Secretary to the Ministry of Fuel and Power. Parliamentary Secretary to the Ministry of Health. Parliamentary Secretary to the Ministry of Housing and Local Government. . Parliamentary Secretary to the Ministry of Labour. Parliamentary Secretary to the Ministry of Pensions and

National Insurance. Assistant Postmaster General. Parliamentary Secretary to the Ministry of Supply. Parliamentary Secretary to the Board of Trade. Secretary for Overseas Trade. Parliamentary Secretary to the Ministry of Transport and

Civil Aviation. Financial Secretary of the War Office. Parliamentary Secretary to the Ministry of Works. Parliamentary Secretary to the Treasury.

Junior Lord of the Treasury. . Treasurer of Her Majesty's Household. Comptroller of Her Majesty's Household. Vice-Chamberlain of Her Majesty's Household.

SECTION 4

FIFTH SCHEDULE OFFICES INVOVING LIMITED DISQUALIFICATION OR NO DISQUALIFICATIQN

PART I

OFFICES DISQUALIFYING FOR PARTICULAR CONSTITUENCES

Office Constituency Her Majesty's Commissioner of

Lieutenancy in the City of London.

Her Majesty's Lieutenant for a county in Great Britain.

High Sheriff of a county in England and Wales.

The' Cities of London and Westminster.

The county.

Any constituency comprising the whole or part of the area for which he is appointed.

Any constituency comprising the whole or part of the city or borough for which he is

appointed. Any constituency comprising the whole or part of the area for which the court has jurisdiction.

Recorder of a municipal borough having a separate court of quarter sessions.

Chairman or deputy chairman appointed under the Admi-nistration of Justice (Mis-cellaneous Provisions) Act, 1938. of court of quarter sessions.

PART II OFFICES INVOLVING NO DISQUALIFICATION

Astronomer Royal for Scotland. Captain of Deal Castle. Church Estates Commissioner. Clerk to the Admission of Notaries in Scotland. Commissioner for Oaths. Her Majestys Lieutenant for a county or county borough in Northern Ireland. . High Sheriff of a county or county borough in Northern

Ireland. 99

100 Historiographer Royal for Scotland. Justice of the Peace. Lord High Commissioner to the General Assembly of the

Church of Scotland. Lord Warden of the Cinque Ports. Master of Trinity College, Cambridge. Member of the Advisory Council for Scientific and Industrial Research. Member .of an Agricultural Marketing Re-organisation Commission. Member of the Agricultural Research Council. Member, appointed by the Secretary of State, of the Central

Committee under the Legal Aid (Scotland) Act, 1949. Member of a committee appointed in accordance with sub section (2) of section four of the Forestry Act, 1951. Member of a Fishery Harbour Authority constituted under the General

Pier and Harbour Acts, 1861 to 1915, or under any local Act. Member of a Local Fisheries Committee under the Sea Fisheries

Regulation Act, 1888. Member of the Medical Research Council. Notary Public appointed pursuant to section thirty-seven of the Welsh

Church Act, 1914. Principal of Kings College, London. Principal of the University of St. Andrews, Glasgow or Aberdeen.

Provost of Eton. Professor in the University of Oxford, Cambridge, St. Andrews,

Glasgow, Aberdeen or Edinburgh. Qualified engineer within the meaning of the Reservoirs

(Safety Provisions) Act, 1930. Queen's Counsel. Queen's Printer appointed by Letters Patent of 25th May, 1901.Recorder in England or Wales, other than such a Recorder as

is mentioned in the First Schedule to this Act or in Part I of this Schedule. Regius Keeper of the Royal Botanical Garden in Edinburg. Special Constable appointed under any of the enactments

mentioned in section one of the Special Constables Act, 1914.

101

SECTION 12

SIXTH SCHEDULE

MODIFICATIONS OF THIS ACT IN RELATION TO SENATE AND HOUSE OF

COMMONS OF NORTHERN IRELAND

* * *

102

SECTION15 SEVENTH SCHEDULE

ENACTMENTS REPEALED

** *

ANNEXURE III (See para 72)

ADVISORY COMMITTEES (Under the Central Government.)

1. Advisory Board constituted under the Minimum Wages Act, 1948 (Act XI of 1948).

2. Advisory committee for 'Prasarika'. 3. Advisory Committee for the Central College of Agriculture

New Delhi. . 4. Advisory Committee on Interim Compensation. 5. Advisory Committee on Irrigation and Power Projects.. 6. Agricultural Prices Variation Committee. 7. Basic and Social Education Committee. 8. Board of Editors, History of Freedom Movement in India. 9. Board set up for examining and suggesting amendments to

the Ancient Monuments Preservation Act, 1904. 10. Calendar Reform Committee. 11. Central Advisory Board constituted under the Minimum

Wages Act, 1948 (XI of 1948). 12. Central Advisory Board of Physical Education & Research. 13. Central Advisory Committee for the Territorial Army. 14. Central Advisory Committee for Women's Savings Campaign. 15. Central Advisory Council of Industries and its Sub-Committees. 16. Central Haj Committee. 17. Central Tourist Traffic Advisory Committees. 18. Coal Mines Labour Welfare Advisory Committee.

19. Committee of educational experts for considering educational and other allied matters relating to the reconstitution of Osmania University as a Central Institution.

20. Committee on Prevention of Cruelty to Animals. 21. Committee on Transmission of printed books by the Inland

Post in India.

103

104 22. Deck Passenger Welfare Committees (Calcutta, Bombay

and Madras). 23. Editorial Board for 'Prasarika'. 24. Governing Body of the Training Ship 'Dufferin'. 25. Hindi Advisory Committee for the Ministry of Information

and Broadcasting. 26. Honorary Editorial Board for 'Ajkal' (Hindi) and 'Bal

Bharati. 27. Indian Council for Cultural Relations. 28. Indian Historical Records Commission. 29. Indian National Commission for Co-operation with

UNESCO. 30. Kandla Port Advisory Committee. 31. Mica Mines Labour Welfare Advisory Committee. 32. National Development Council. 33. National Railway Users' Consultative Council. 34. Official Language Commission. 35. Ordnance Factories Reorganisation Committee. 36. Panel for Labour. 37. Panel of Economists. 38. Panel on Housing. 39. Panel on Land Reforms. 40. Programme Advisory Committees attached to Stations of

All India Radio. 41. Prohibition Enquiry Committee. 42. Rail-Sea Co-ordination Committee. 43. Railway Corruption Enquiry Committee. 44. Railway Enquipment Committee to advise on intensive utilization

of indigenous capacity for manufacture of railway equipments.45. Regional Posts and Telegraphs Advisory Committees. 46. Regional Tourist Traffic Advisory Committees. 47. Research Programme Committee. 48. Rural Advisory Committees attached to Stations of All

India Radio. 49. States Reorganization Commission. 50. University Grants Commission. 51. Zonal Railway Users' Consultative Committees.

105 Under State Governments. 52. Advisory Boards constituted under the Minimum Wages Act, 1948 (XI of 1948) in Bihar, Bombay and Andhra. 53. Advisory Board for implementing Basic Education Scheme

(Delhi). 54. Advisory Committee 55. Advisory Committee 56. Advisory Committee

India (PEPSU). 57. Advisory Council of Social Service (Hyderabad). 58. Andhra State Advisory Committee for Mines and Minerals

(Andhra). 59. Backward Classes Welfare Committee (PEPSU). 60. Bihar Central (Standing) Advisory Board (Bihar). 61. Bihar Unemployment Committee (Bihar). 62. Board of Experts constituted under the Bombay Prohibition Act, 1949 (Bombay). . . 63. Board of Honorary Visitors to the Madras Veterinary

Hospital (Madras). 64. Bombay State Prohibition Board constituted under the

Bombay Prohibition Act, 1949 (Bombay). 65. Central Advisory Committee for Endowments (Hyderabad). 66. Central Anti-corruption Board (PEPSU). 67. Central Library Committee (Punjab). 68. Christian Missionary Activities Enquiry Committee

(Madhya Pradesh).

for Government Hospitals (Orissa). Government Hospitals (Madras). on the re-organization of States in

69. Committee for the Mahatma Gandhi Memorial at village Kochran, Ahmedabad (Bombay). 70. Committee to examine the prohibition policy in Delhi State (Delhi). 71. Committee to look after the interests of Scheduled Castes, Tribes and other Backward Classes (Coorg.). 72. Cottage Industries Khadi and Handicrafts Development Board (Delhi).. 73. District Advisory Committees for the appointment of

Honorary Magistrates (Uttar Pradesh). 74. District Food Advisory Committees (Orissa). 75. District Labour Welfare Advisory Committee, Aligarh (Uttar Pradesh).

106 76. District National Savings Advisory Committee (Saurashtra 77. Divisional Canal Advisory Committees (Punjab). 78. Home Guards Selection Committee in the various Districts

of the State (Bombay). 79. Hyderabad Labour Advisory Committee (Hyderabad). 80. Jail Visitors' Committees/Non-official visitors to Jails in

Pepsu, Kutch and Madhya Pradesh. 81. Kumaun Forest Committee (Uttar Pradesh). 82. Land Reforms Committee (Andhra). 83. Land Reforms Committee (Delhi). 84. Land Settlement Advisory Committee, Silchar (Assam). 85. Nilgiris District Soil Conservation Board (Madras). 86. Regional Survey Committee for Madhya Bharat Historical

Records (Madhya Bharat). 87. Shahdara-Saharanpur Light Railway Advisory Committee

(Uttar Pradesh,). 88. Small scale Industries Advisory Board (Saurashtra). 89. Special Committee for fixation of Ceiling on agricultural

holdings in Rajasthan (Rajasthan). 90. State Advisory Board of Education (Punjab).

91. State Advisory Committee for Territorial Army (Andhra). 92. State Advisory Committees for the National Cadet Corps (Delhi and Uttar Pradesh). . 93. State Advisory Committee for the Territorial Army in

Travancore-Cochin (Travancore-Cochin). 94. State Committees for compilation of History of Freedom

Movement in India in various States. 95. State Harijan Sahayak Board and Harijan Sahayak sub- committees in the various districts of Uttar Pradesh

(Uttar Pradesh). 96. State Harijan Welfare Committee (Andhra). 97. State Labour Welfare Committee (Andhra). 98. State Labour Advisory Committee (Madhya Pradesh). 99. State Nira Board (Madhya Pradesh).

100. Town Allotment Committee, Kangra (Punjab). 101. Tribes Advisory Council (Rajasthan and Madhya Pradesh) 102. Tribes Research Bureau (Orissa). 103. Vikram Samiti (Madhya Bharat). 104. Wild Life Advisory Board (Bombay).

ANNEXURE IV

(See para 73)

Bodies* where members are elected by Parliament. 1. All India Council for Technical Education. 2. Central Advisory Board of Archaeology. 3. Central Advisory Board of Education. 4. Central Advisory Committee for the National Cadet Corps. 5. Central Committee of the Tuberculosis Association of India. 6. Council of the Indian Institute of Science Bangalore. 7. Court of the Aligarh Muslim University. 8. Court of the Banaras Hindu University. 9. Court of the University of Delhi.

10. Employees’ State Insurance Corporation. 11. Food and Agricultural Organisation Liaison Committee. 12. Indian Council of Agricultural Research. 13. Indian Council of Medical Research.

Other than Commodity Committees included inAnnexure V.

108

ANNEXURE V

(See para 74)

Commodity Committees and Development Councils.

1. Central Silk Board. 2. Coir Board. 3. Coffee Board. 4. Development Committees for various Industries

constituted under the Industries (Development and Regulation) Act, 1951 (LXV of 1951). 5. Indian Central Arecanut Committee. 6. Indian Central Coconut Committee. 7. Indian Central Cotton Committee. 8. Indian Central Oilseeds Committee. 9. Indian Central Sugarcane Committee.

10. Indian Central Tobacco Committee. 11. Rubber Board. 12. Tea Board.

ANNEXURE VI (See Para 76) NON-ADVISORY COMMI'ITEES MEMBERSHIP OF WHICH IS NON-OBJECTIONABLE. Under the Central Government. 1. Advisory Board constituted under the Rehabilitation

Finance Administration Act, 1948 (XII of 1948) 2. All India Central Women's Food Council. 3. All India Handicrafts Board. 4. All India Handloom Board. 5. Board of Administration of the Lady Hardinge Medical

College for Women and Hospital for Women and Children. 6. Board of Administration of the Lawrence School, Lovedale, Nilgiris. 7. Board of Directors of the Hindusthan Shipyard. Ltd. 8. Board of Directors of the United States Educational Foundation in India.

9. Board of Trustees of the Coal Mines Provident Fund. 10. Central Board of Secondary Education, Ajmer. 11. Central Board of Trustees of the Employees' Provident

Fund. 12. Central Council of Gosamvardhana. 13. Coal Mines Labour Housing Board. 14. Family Planning Grants Committee. 15. General Council of the Lalit-Kala Akadami. 16. General Council of the Sahitya Akadami. 17. General Council of the Sangeet Natak Akadami. 18. Governing Body of the Central Institute of Research in

Indigenous Systems of Medicine. Jamnagar. 19. Hindi Shiksha Samiti.. 20. Jallianwala Bagh National Memorial. 21. Madras Dock Labour Board. 22. National Library Council. 23. Railway Freight Structure Enquiry committee.

109

110 24. Rescue Stations Committee.

Under State Governments. 25. Advisory Board for Co-operative Schools (Delhi). 26. Anti-corruption Committee Karimganj (Assam). 27. Ayurvedic and Unani Tibbia College Board, Delhi. 28. Bhopal Harijan Board (Bhopal). 29. Blood Transfusion Committee of the S.C.R Medical. College, Cuttack (Orissa). 30. Board of Control of the Bihar Rashtrabhasha Parishad. (Bihar) 31. Bombay City Sailors', Soldiers' and Airmen's Board. (Bombay). 32. Central Stipend Committee for Backward Muslim Com, munities' Welfare (Assam). 33 Committee of Administration of the Bihar Post-war Re- construction Fund (Bihar). 34. Delhi State Scheduled Castes and Backward Classes Stipend Board (Delhi). 35. Depressed Class Scholarship Committee (Mysore). 36. District Education Councils (Bihar). 37. District Honorary Organizers of Co-operative Societies (Bombay). 38. District Scholarship Committees for award of stipends to Harijans, Backward Muslim Communities and Aborigi- nals reading in Schools and Colleges (Bihar). 39. District Stipend Committee for award of stipends to

Scheduled Tribes Students (Bihar). 40. District Welfare Committees (Orissa). 41. Governing Body of the Gopabandhu Ayurveda Vidyapitha,

Puri (Orissa). 42. Industrial Advisory Board (Delhi). 43. Madhya Bharat Cottage Industries Board (Madhya Bharat). 44. Madhya Pradesh Housing Board (Madhya Bharat). 45. Managing Committee Occupational Institute, Hassan (Mysore) 46. Managing Committee of H.R.H. the P.O.W. Institute of Engineering and Technology, Jorhat (Assam). 47. Managing Committee of the Junior Technical School Tezpur (Assam).

III

48. Nasha Nishedh Samiti (Madhya Bharat). 49. Public Relations Committee (Pepsu). 50. Regional Advisory Committee for the National Art Treasures

(Madras and Madhya Bharat), 51. Regional Art Gallery Committee (Madras). 52. Sanskrit Examination Board (Bihar). 53. Scholarship Committee, Ramanagaram Taluk, Bangalore District (Mysore). 54. State Council of Gosamvardhana (Kutch). 55. State Health Board (Uttar Pradesh). 56. State Sailors', Soldiers' and Airmen's Board (Bihar).

112

ANNEXURE VII (See para 72) NON-ADVISORY COMMITTEES MEMBERSHIP OF WHICH MEIGHT ENTAIL DISQUALIFICATION

1. Bihar - State Board of Religious Trusts 2. Bihar Subai Majlis Awqaf 3. Bhoodan Yagna Committee (Saurashtra)

*4. Bodh-Gaya Temple Management Committee. (Bihar) 5. Central Board of Films Censors and Advisory Panels at Calcutta, Bombay and Madras. 6. Committee to select books for study for S.S.L.C. Examination 1956 (Madras).

7. Excise Appellate Board, Ajmer *8. Managing Committee for the Rayalaseema Polytechnic.

Bellary (Mysore). 9. Mining Board of Coal Mines, Bihar.

10. Panel of Assessors for the Railway Rates Tribunal. 11. Punjab State National Workers (Relief and Rehabilitation)

Board. 12. State Transport Authority,Orissa. 13. Sub-Committee to select books to be purchased for Educational Expansion Department (Uttar Pradesh). ______________________________________________________________________ * Chairmanship or Secretary ship or President ship only to entail disqualification.