रजिस्ट्री सं० डी०एल० ( एन ) 04 /0007/2003-05 REGISTERED NO . DL(N ) 04 /0007/ 2003-05
भारत को राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
1]
नई दिल्ली, शुक्रवार, जनवरी 2, 2004/ पौष 12 , 1925
No. 1]
NEW DELHI , FRIDAY, JANUARY 2 , 2004/ PAUSA 12, 1925
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NewDelhi, dated the 2nd January, 2004/ Pausa 12, 1925 ( Saka)
The following Act of Parliament received the assent of the President on the 1st January , 2004 and is hereby published for general information: ~~~
THE CONSTITUTION ( NINETY- FIRST AMENDMENT )
ACT, 2003
[ 1stJanuary, 2004. ]
AnAct further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty - fourth Year of the Republic of India as follows:-
Shorttitle.
1. This Act may be called the Constitution (Ninety - first Amendment ) Act , 2003 .
Amendment ofarticle 75.
2. Inarticle 75 of the Constitution , after clause ( 1 ) , the following clauses shall be inserted, namely:-
" ( 1A) The total number of Ministers , including the Prime Minister , in the Council of Ministers shall not exceed fifteen per cent . of the total number of members of the House of the People.
( 1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause ( 1 ) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would 2
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
expire or where he contests any election to either House of Parliament before the expiry of such period , till the date on which he is declared elected , whichever is earlier ." .
Amendment of article 164 .
3. In article 164 of the Constitution , after clause ( 1 ) , the following clauses shall be inserted, namely:--
"( 1A) The total number of Ministers , including the Chief Minister , in the Council of Ministers in a State shall not exceed fifteen per cc . of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers , including the Chief Minister , in a State shall not be less than twelve:
Provided further that where the total number of Ministers , including the ChiefMinister , in the Council of Ministers in any State at the commencement ofthe Constitution (Ninety - first Amendment) Act , 2003 exceeds the said fifteen per cent. or the number specified in the first proviso , as the case may be , then , the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint .
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause ( 1 ) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council , as the case may be , before the expiry of such period , till the date on which he is declared elected , whichever is earlier. " .
4.After article 361A of the Constitution , the following article shall be inserted , namely:-
Insertion of new 361B . article
Disqualifica- tion for appointment on remunera- tive political post .
'361B . A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqalification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected , whichever is earlier .
Explanation .-For the purposes of this article,
(a) the expression " House " has the meaning assigned to it in clause (a) of paragraph 1 of the Tenth Schedule ;
(b) the expression " remunerative political post " means any office--
(i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of the public revenue of the Government of India or the Government of the State , as the case may be ; or
(ii) under a body, whether incorporated or not , which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for such office is paid by such body,
!
except where such salary or remuneration paid is compensatory in nature . ' .
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THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
5. In the Tenth Schedule to the Constitution , --
Amendment of the Tenth Schedule.
(a) in paragraph 1, in clause ( b ) , the words and figure " paragraph 3 or , as the case may be, " shall be omitted;
(b) in paragraph 2, in sub - paragraph ( 1 ), for the words and figures " paragraphs 3 , 4 and 5 " , the words and figures " paragraphs 4 and 5 " shall be substituted;
(c) paragraph 3 shall be omitted.
T. K. VISWANATHAN , Secy to theGovt. of India .
-PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI , 2004 .
MGIPMRND-4519GI-03-01-2004.