The State government has approved enlarging the ambit of the Bihar Legislature (Removal of Disqualification) Act 1950 to declare a number of posts non-office of profit posts. The amendment is to be tabled in the State legislature in its ongoing session.
Eleven legislators of the JD (U)-BJP combine who had been accorded the status of Minister of State or Deputy Minister last June due to their being chief whips or divisional whips were among those under threat of disqualification as their posts continued to remain office of profit.
Under Section 16 of the existing Act only the posts of Minister, Speaker of the Assembly and Chairman of the Legislative Council were out of the ambit of office of profit. The Act will be operational with retrospective effect from November 22, 2005 and would exclude from the ambit of office of profit clause the posts of chairmen, presidents and members of specified bodies, boards, commissions, authorities, universities and cooperative societies, according to sources.
The posts of chief whips, deputy chief whips, whips, leader and deputy leaders of different parties in the two Houses of the State legislature who have the status of minister, minister of state or deputy minister would no more be considered offices of profit under the amended Act.
The amendment would also exclude from the ambit of office of profit the posts of chairmen, president and members of bodies like the Bihar Religious Trust Board, Bihar State Shia and Sunni Wakf Boards, Bihar State Haj Committee, Bihar State Citizen's Council, Bihar State Planning Board, Patna University, Patna Municipal Corporation, Bihar State Electricity Board, Bihar State Food and Civil Supplies Corporation, district planning boards, district boards, panchayat committees, State-level Programme Implementation Committee, and Bihar State Milk Producers Cooperative.
The rationale behind the move is said to be that holding such posts does not have a debilitating impact on the legislators' ability to discharge their duties as people's representatives.
Eleven legislators of the JD (U)-BJP combine who had been accorded the status of Minister of State or Deputy Minister last June due to their being chief whips or divisional whips were among those under threat of disqualification as their posts continued to remain office of profit.
Under Section 16 of the existing Act only the posts of Minister, Speaker of the Assembly and Chairman of the Legislative Council were out of the ambit of office of profit. The Act will be operational with retrospective effect from November 22, 2005 and would exclude from the ambit of office of profit clause the posts of chairmen, presidents and members of specified bodies, boards, commissions, authorities, universities and cooperative societies, according to sources.
The posts of chief whips, deputy chief whips, whips, leader and deputy leaders of different parties in the two Houses of the State legislature who have the status of minister, minister of state or deputy minister would no more be considered offices of profit under the amended Act.
The amendment would also exclude from the ambit of office of profit the posts of chairmen, president and members of bodies like the Bihar Religious Trust Board, Bihar State Shia and Sunni Wakf Boards, Bihar State Haj Committee, Bihar State Citizen's Council, Bihar State Planning Board, Patna University, Patna Municipal Corporation, Bihar State Electricity Board, Bihar State Food and Civil Supplies Corporation, district planning boards, district boards, panchayat committees, State-level Programme Implementation Committee, and Bihar State Milk Producers Cooperative.
The rationale behind the move is said to be that holding such posts does not have a debilitating impact on the legislators' ability to discharge their duties as people's representatives.
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