(1) A person shall be disqualified forbeing chosen as, and for being, a member of aProvincial Legislative Assembly or Legislative Council--

(a) if he holds any office of profit under the Crown in India, other than an office declared by Act of the Provincial Legislature not o disqualify its holder;

(b) if he is an unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if, whether before or after the commencement of this Part of this Act, he has been, convicted or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty, of any offence or corrupt or illegal practice relating to elections which has been declared by Order in Council or by an Act of the Provincial Legislature, to be an offence or practice entailing disqualification for membership of the Legislature, unless such period has elapsed as may be specified in that behalf if the provisions of that Order or Act;

(e) if, [whether before or after the commencement of this Part of this Act],¹he has been convicted of any other offence [by a Courtin British India or in a State which is a Federated State]²and sentenced to transportation or to imprisonment for riot less than two" years, unless a period of five years, or such less period as the Governor, acting in his discretion, may allow in any particular case, has elapsed since his release;

(f) if, having been nominated as a candidate for the Federal or any Provincial Legislature or having acted as an election agent of any person so nominated, he has failed to lodge a return of; election expenses within the time and in the manner required by any Order in Council made under this Act or by any Act of the [Federal]³or the Provincial Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the Governor, acting in his discretion, has removed the disqualification;

Provided that a disqualification under paragraph (f) of this sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged or of such longer period as the Governor, acting in his discretion, may in any particular case allow.

(2) A person shall not be capable of being chosen a member of a Chamber of a Provincial Legislature while he is serving a sentence of transporation or of imprisonment for a criminal offence.

(3) Where a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of paragraph (d) or paragraph (e) of sub-section (1) of this section is at the date of the disqualification a member of a Chamber, his seat shall, notwithstanding anything in this or the last preceding section, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period which his membership is preserved by this sub-section, he shall not sit or vote.

(4) For the purpose of this section a person shall not be deemed to hold an office of profit under the Crown in India by reason only that he is a minister either for the Federation or for a Province.

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1. The words within brackets were omitted by the India (Provisional Constitution) Order, 1947.

2. For the words within brackets, the following words were substituted, by the India (Provisional Constitution) Order, 1947.-- "Before the date of the establishment of the Dominion by court in British India, or on or after that date by a court in a Governor's or Chief Commissioner's Province or an acceding State".

3. This word was substituted by the words 'Dominion', by the India (Provisional Constitution) Order, 1947.