The Sikkim Legislative Assembly Members Removal of Disqualifications Act 1978

(1) This Act may be called the Sikkim Legislative Assembly Members Removal of Disqualifications Act, 1978. (2) It shall be deemed to have come into force on the 3rd day of November, 1977.

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, 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) "Legislative Assembly" means the Legislative Assembly of the State of Sikkim. (c) "non-statutory body" means any body of persons other than a statutory body. (d) "State Government" means the Government of the State of Sikkim. (e) "Statutory body" means any Corporation, Committee, Commission, Council, Board, or other body of persons whether incorporated or not, established by or under any State law for the time being in force.

It is declared that none of the following offices, in so far as it is an office of profit under the Government of India or the State Government, shall disqualify the holder thereof for being chosen as, or for being, a member of the Legislative Assembly, namely:- (a) office of Minister of the State or the Deputy Minister of the Union or of the State of Sikkim; (b) office held in the Territorial Army or the Reserve and Auxiliary Air Force; (c) office in the Home Guard conferred by or under any law for the time being in force under the authority of the State Government; (d) office of the Chairman or a member of the syndicate, senate, executive council or court of a university or of any committee by whatever name called, constituted or appointed by the State Government or other authorities of the committee of management of the office of the Chairman or a member of any committee appointed by the Government of Sikkim under any law relating to co-operative societies for the time being in force in the State of Sikkim; (e) office of a Chairman or a member of the Planning Commission, Board or similar other authorities appointed by the State Government; (f) office of the Chairman or a member of the Labour Commission appointed by the State Government; (g) office of the Chairman of the Pay Commission appointed by the State Government; (h) office of a Chairman or a member of Board of Directors of the State Trading Corporation; (i) office of a Chairman or a members of the Board of Directors of the State Bank of Sikkim; (j) office of a Chairman or a member of the state Transport Authority or any other transport authority appointed by the State Government; (k) office of a Chairman or a member of the Sikkim Khadi and Village Industries Board appointed by the State Government; (l) office of a Chairman or a member of the Board of the Sikkim Mining Corporation appointed by the State Government; (m) office of a Chairman or a member of the Board of Directors of the State Tourism Corporation appointed by the State Government; (n) office of a Chairman or a member of the Schedule caste welfare Board appointed by the State Government; (o) office of a Chairman or a member of any statutory or non-statutory body appointed by the State Government; (p) office of the Chairman, Deputy Chairman or members of any committee, board or any other authorities constituted by it; (q) office of a Chairman or any other authority in respect of any body whether statutory or otherwise, provided the holder is not entitled to any remuneration other than compensatory allowance or any residential accommodation for the performance of the functions of such office. For the purpose of this Act the office of Chairman, Deputy Chairman, or Secretary shall include any office of that description by whatever name called.

The Sikkim Legislative Assembly Members Removal of Disqualifications Ordinance, 1977, is hereby repealed.