Exempt all advisory bodies from OoP: Moily

New Delhi, Feb 12: The Second Administrative Reforms Commission today submitted its fourth report to Prime Minister Manmohan Singh, recommending enactment of a comprehensive law exempting all offices ''in purely advisory bodies'' from the purview of controversial office of profit (OoP) provision which attracts disqualification of MPs and MLAs.

''All offices in purely advisory bodies where the experience, insights and expertise of a legislator would be inputs in governmental policy, shall not be treated as offices of profit, irrespective of the remuneration and perks associated with such an office,'' Commission Chairman M Veerappa Moily told reporters after presenting the report.

Instead of expanding the list of exemptions from disqualification under Articles 102 and 191 without a clear rationale, except perhaps the ''expediency to protect holders of certain offices from time to time,'' the government should sharply define the office of profit, the 263-page report, titled ''Ethics in Governance,'' said.

The government recently amended the law expanding the exempted list with the inclusion of 56 more offices, including the National Advisory Council (NAC) which had been headed by Congress President and UPA Chairperson Sonia Gandhi.

Ms Gandhi had, prior to the amendment, quit the NAC in the wake of the OoP controversy kicked up by the disqualification of Ms Jaya Bachchan of the Samajwadi Party as a Rajya Sabha member for holding the post of the Uttar Pradesh Film Development Council.

The commission defined the office of profit as all offices involving executive decision making and control of public funds, including positions on the governing boards of public undertakings and statutory and non-statutory authorities directly deciding policy or managing institutions or authorising or approving expenditure.

''No legislator shall hold such offices,'' it said.

If a serving Minister, by virtue of office, was a member or head of certain organisations like the Planning Commission, where close coordination and integration between the Council of Ministers and the organisation or authority or committee was vital for the day-to-day functioning of government, ''it shall not be treated as office of profit.'' The commission suggested abolition of schemes such as MPLADS and MLALADS as these were in violation of the office of profit provisions.

It came out with recommendations on various issues, including political funding, anti-defection law, coalition ethics, appointment of Chief Election Commissioner/Commissioners, speedy disposal of election petitions, ethical framework for ministers, and the judiciary.

UNI