1. Short title.―This Act may be called the Parliament (Prevention of Disqualification)
Act, 1959.
2. Definitions.―In this Act, unless the context otherwise requires,―
(a) “compensatory allowance” means any sum of money payable to the holder of an office by
way of daily allowance (such allowance not exceeding the amount of daily allowance to which a
member of Parliament is entitled under 1
[the Salary, Allowances and Pension of Members of
Parliament Act, 1954 (30 of 1954)], any conveyance allowance, house-rent allowance or
travelling allowance for the purpose of enabling him to recoup any expenditure incurred by him in
performing the functions of that office;
(b) “statutory body” means any corporation, committee, commission, council, board or other
body of persons, whether incorporated or not, established by or under any law for the time being
in force;
(c) “non-statutory body” means any body of persons other than a statutory body.
3. Certain offices of profit not to disqualify.―It is hereby declared that none of the following
offices, in so far as it is an office of profit under the Government of India or the Government of any
State, shall disqualify the holder thereof for being chosen as, or for being, a member of Parliament,
namely,―
(a) any office held by a Minister, Minister of State or Deputy Minister for the Union or for
any State, whether ex officio or by name;
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[(aa) the office of a Leader of the Opposition in Parliament;]
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[(ab) the office of Deputy Chairman, PlanningCommission;]
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[(ac) the office of 5
[each leader and each deputy leader] of a recognised party and a
recognised group in either House of Parliament;]
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[(ad) the office of the Chairperson of the National Advisory Council constituted by the
Government of India in the Cabinet Secretariat vide Order No. 631/2/1/2004-Cab., dated the 31st
May, 2004;]
(b) the office of Chief Whip, Deputy Chief Whip or Whip in Parliament or of a Parliamentary
Secretary;
1. Subs. by Act 54 of 1993, s. 2, for the words “the Salaries and Allowances of Members of Parliament Act, 1954” (w.e.f. 27-8-1993).
2. Ins. by Act 33 of 1977, s. 12 (w.e.f. 1-11-1977).
3. Ins. by Act 54 of 1993, s. 3 (w.e.f. 19-7-1993).
4. Ins. by Act 5 of 1999, s. 5 (w.e.f. 5-2-1999).
5. Subs. by Act 18 of 2000, s. 5, for “each leader” (w.e.f. 7-6-2000).
6. Ins. by Act 31 of 2006, s. 2 (w.e.f. 18-8-2006).
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[(ba) the office of chairperson of―
(i) the National Commission for Minorities constituted under section 3 of the National
Commission for Minorities Act, 1992 (19 of 1992);
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[(ii) the National Commission for the Scheduled Castes constituted under clause (1) of
article 338 of the Constitution;
(iia) the National Commission for the Scheduled Tribes constituted under clause (1) of
article 338A of the Constitution;]
(iii) the National Commission for women constituted under section 3 of the National
Commission for Women Act, 1990 (20 of 1990);]
(c) the office of a member of any force raised or maintained under the National Cadet Corps
Act, 1948 (31 of 1948), the Territorial Army Act, 1948 (56 of 1948), or the Reserve and Auxiliary
Air Forces Act, 1952 (62 of 1952);
(d) the office of a member of a Home Guard constituted under any law for the time being in
force in any State;
(e) the office of sheriff in the city of Bombay, Calcutta or Madras;
(f) the office of chairman or member of the syndicate, senate, executive committee, council or
court of a university or any other body connected with a university;
(g) the office of a member of any delegation or mission sent outside India by the Government
for any special purpose;
(h) the office of chairman or member of a committee (whether consisting of one or more
members), set up temporarily for the purpose of advising the Government or any other authority
in respect of any matter of public importance or for the purpose of making an inquiry into, or
collecting statistics in respect of, any such matter, if the holder of such office is not entitled to any
remuneration other than compensatory allowance;
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[(i) the office of chairman, director or member of any statutory or non-statutory body other
than any such body as is referred to in clause (h), if the holder of such office is not entitled to any
remuneration other than compensatory allowance, but excluding (i) the office of chairman of any
statutory or non-statutory body specified in Part I of the Schedule, and (ii) the office of chairman
or secretary of any statutory or non-statutory body specified in Part II of the Schedule;]
(j) the office of village revenue officer, whether called a lambardar, malguzar, patel
deshmukh or by any other name, whose duty is to collect land revenue and who is remunerated by
a share of, or commission on, the amount of land revenue collected by him, but who does not
discharge any police functions.
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[(k) the office of Chairman, Deputy Chairman, Secretary or Member (by whatever name
called) in any statutory or non-statutory body specified in the Table;
1. Ins. by Act 54 of 1993, s. 3 (w.e.f. 27-8-1993).
2. Subs. by Act 28 of 2013, s. 2, for sub-clause (ii) (w.e.f. 20-9-2013).
3. Subs. by Act 54 of 1993, s. 3, for clause (i) (w.e.f. 19-7-1993).
4. Ins. by Act 31 of 2006, s. 2 (w.e.f. 18-8-2006).
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(l) the office of Chairperson or trustee (by whatever name called) of any Trust, whether public
or private, not being a body specified in the Schedule;
(m) the office of Chairman, President, Vice-President or Principal Secretary or
Secretary of the Governing Body of any society registered under the Societies Registration
Act, 1860 (21 of 1860) or under any other law relating to registration of societies, not being a
body specified in the Schedule.]
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[Explanation 1].―For the purposes of this section, the office of 2
[chairman, Deputy Chairman or
secretary] shall include every office of that description by whatever name called.
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[Explanation 2.―In clause (aa), the expression “Leader of the Opposition” shall have the
meaning assigned to it in the Salary and Allowances of Leaders of Opposition in Parliament
Act, 1977 (33 of 1977).]
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[Explanation 3.―In clause (ac), the expressions “recognised party” and “recognised group” shall
have the meanings assigned to them in the Leaders and Chief Whips of Recognised Parties and
Groups in Parliament (Facilities) Act, 1998 (5 of 1999).]
4. Temporary suspension of disqualification in certain cases.―If a person being a member of
Parliament who immediately before the commencement of this Act held an office of profit declared
by any law repealed by this Act not to disqualify the holder thereof for being such member, becomes
so disqualified by reason of any of the provisions contained in this Act, such office shall not, if held
by such person for any period not extending beyond a period of six months from the commencement
of this Act disqualify him for being a member of Parliament.
5. Repeals.―The Parliament (Prevention of Disqualification) Act, 1950 (19 of 1950), the
Parliament Prevention of Disqualification Act, 1951 (68 of 1951), the Prevention of Disqualification
Act, 1953 (1 of 1954), and any provision in any other enactment which is inconsistent with this Act
are hereby repealed.