India
With an eye for adjustments to the ‘office of profit’, Center is trying to replace the 1959 law | India News – Times of India
The bill incorporates certain recommendations made by the Joint Committee on Profit Offices (JCOP), which was then headed by Kalraj Mishra in the 16th Lok Sabha. The committee has suggested that MPs nominated in various flagship schemes such as Swachh Bharat Mission, Smart City Mission and Deen Dayal Upadhyay-Grameen Kaushalya Yojana should be saved from disqualification.
The ministry said the 1959 law was promulgated to declare that certain profit offices under the government will not disqualify their holders because they have been elected as members of parliament. The JCOP conducted a comprehensive review of the law and made recommendations, including a comprehensive definition of ‘for-profit offices’; insertion of a provision to resolve the conflict between the Act and certain other statutes; omit the outdated entries in the schema; and amend the law in a time-bound manner.
“Taking into account the above recommendations of the JCOP, the Legislative Department is of the view that the Parliament (Prevention of Disqualification) Act, 1959) should be repealed and re-enacted. Accordingly: “A draft law has been prepared in line with the recommendations. The draft bill not only rationalized section 3 of the existing law, thereby abolishing the negative list of posts in the schedule, but also proposed to eliminate the conflict between the existing law and certain to remove other laws. a provision not to suffer disqualification.
The bill also proposes to omit section 4 of the existing law relating to “temporary suspension” of disqualification in certain cases, and instead empower the central government to amend the scheme by issuing a notification.
