West Bengal Legislature (Removal of Disqualifications) Act, 2007
No: 11 Dated: Aug, 29 2007
THE WEST BENGAL LEGISLATURE (REMOVAL OF DISQUALIFICATIONS) ACT, 2007
West Bengal Act XI of 2007
An Act to declare that certain offices of profit under the Government of India or the Government of any Stale specified in the First Schedule to the Constitution of India shall not disqualify the holders thereof for being chosen as. or for being members of the West Bengal Legislative Assembly.
Whereas it is expedient to declare in accordance with the provisions contained in sub-clause (a) of clause (1) of article 191 of the Constitution of India that the holders of certain offices of profit under the Government of India or the Government of any State specified in the First Schedule of the said Constitution shall not be disqualified for being chosen as, and for, being members of the West Bengal Legislative Assembly;
It is hereby enacted in the Fifty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title and commencement. - (1) This Act may be called the West Bengal Legislature (Removal of Disqualifications) Act, 2007.
(2) It shall come into force at once.
2. Removal of certain disqualifications for membership. - 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 the West Bengal Legislative Assembly, namely:-
(a) any office held by a Minister, Minister of State or Deputy Minister of the State of West Bengal, whether ex-officio or by name;
(b) the office of the Leader of the Opposition in the West Bengal State Legislature;
(c) the office of the Chairperson of any Committee of the West Bengal Legislative Assembly;
(d) the office of Chief Government Whip, Deputy Chief Whip or Whip in the West Bengal Legislative Assembly or the office of a Parliamentary Secretary;
(e) the office of Sheriff in the city of Kolkata;
(f) the office of Chairman or member of the Syndicate. Senate. Executive Committee, Council or Court of any University in the State of West Bengal or any other body connected with a University:
(g) the office of a member of any delegation or mission constituted by the Government of India or the State Government for any special purpose;
(h) the office of 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) or the office of a member of a Home Guard constituted under any law in the State of West Bengal;
(i) the office of member of any Zilla Parishad, Panchayat Samiti, Siliguri Mahakuma Parishad or Darjeeling Gorkha Hill Council;
(j) the office of Mayor, Deputy Mayor, Mayor-in-council, Chairman, Vice¬Chairman. Chariman-in-council or Councillor of any municipality or municipal corporation in the State of West Bengal;
(k) the office of Chairperson or member of State Planning Board and District Planning Committee of any district of the State of West Bengal;
(l) the office of Chairman, Deputy Chairman or Vice-Chairman, Director or member of any statutory or non-statutory body specified in the Schedule annexed to this Act.
3. Act to have overriding effect over judgement order etc. - (1) Notwithstanding any judgement or order of any court or tribunal or order or opinion of any other authority, the offices mentioned in clauses (a) to (1) of section 2 shall not disqualify or shall be deemed never to have disqualified the holders thereof for being chosen as. or being, a member of the West Bengal State Legislative Assembly as if this Act had been in force at all material times.
(2) Nothing contained in sub-section (I) shall be construed as to entitle any person who has vacated a seat owing to any order or judgement as aforesaid, to claim any reinstatement or any other claim in that behalf.
(3) For the removal of doubts, it is hereby clarified that any petition or reference pending before any court or other authority on the date of commencement of this Act shall be disposed of in accordance with the provisions of this Act.