Member not to hold any other office

Member not to hold any other office.—(1) A member of the Commission shall not be a member of the Parliament or be a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as member) or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as member, except a Judge of the Supreme Court or of High Court, shall,—

1. (a) if he is a member of the Parliament or of the Legislature of any State, resign such membership; or
2. (b) if he holds any office of trust or profit, resign from such office; 1[***] 2[“ Provided that in the case of an officer referred to in item (iii) of sub-section (3) of section 4 appointed as member he shall be deemed to have retired from srevice with effect from the date on which he enters his office as member of the Commission; or]
3. (c) if he is carrying on any business, resign from the management and conduct of business (short of divesting himself of ownership); or
4. (d) if he is practising any profession, suspend practice of such profession.

1. (2) A person who has been a member of a political party at any time during the period of five years immediately preceding—
   • (a) the commencement of this Act in the case of first appointment after such commencement; or
   • (b) the date on which the vacancy has arisen, in the case of any subsequent appointment, shall not be eligible to be appointed as member.