West bengal act 002 of 1937 : Bengal Legislative Assembly (Members' Emoluments) Act, 1937

Preamble

Bengal Legislative Assembly (Members' Emoluments) Act, 19371

[West Bengal Act No. 2 of 1937][5th October, 1937]
Amended .. Ben. Act I of 1945. West Ben. Act XXIV of 1957. West Ben. Act XVI of 1959. West Ben. Act VIII of 1965. West Ben. Act III of 1966. West Ben. Act VIII of 1969. West Ben. Act XVIII of 1974. West Ben. Act XLIX of 1978. West Ben. Act XXVIII of 1979. West Ben. Act XVI of 1980. West Ben. Act XXX of 1983. West Ben. Act XVII of 1986. West Ben. Act XXV of 1989. West Ben. Act XXIII of 1994. West Ben. Act X of 1997.
Adapted .. (a) The Indian Independence (Adaptation of Bengal and Punjab Acts;) Order, 1948. (b) The Adaptation of Laws Order, 1950.

An Act to fix the salaries and allowances of Members of the Bengal Legislative 2(assembly).

Whereas it is expedient to fix the salaries and allowances of the Members of the Bengal Legislative 2[Assembly];

It is hereby enacted as follows:-

1 For Statement or Objects and Reasons see the Calcutta Gazette, Extraordinary, dated the 29th July, 1937. P. IV, page 204: for Proceedings of the Bengal Legislative Assembly, see Official Report of the Bengal Legislative Assembly Proceedings. Vol. LI. No. 2, pages 183 and 235-238. And for Proceedings of the Bengal Legislative Council, see the Official Report of the Bengal Legislative Council Proceedings, Vol. 111, pages 413-426 and 455-469.

2 This word was substituted for the word "Chambers" by para. (1) of Art. 3 of ami the Schedule to, the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Bengal Legislative 2[Assembly] (Members' Emoluments) Act, 1937.

(2) It shall be deemed to have come into force from the first day of April, 1937.

2 This word was substituted for the word "Chambers" by para. (1) of Art. 3 of ami the Schedule to, the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

Section 2. Definitions

2. Definitions.- In this Act and for the purposes thereof "Member" means a Member 1[* * *] 2[* * *] of the 3[West Bengal] Legislative Assembly, other than the Governor's Council of Ministers, 4[* * *] the Speaker of the said Assembly. Parliamentary Secretaries, Parliamentary Under-Secretaries and Parliamentary Private Secretaries, if any.

1 Firstly the words "ether of the West Bengal Legislative Council but not including the Chairman thereof, or "were inserted by s. 2 of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959 (West Ben. Act XVI of 1959), Later, those words were ??? by order No. 1504-L dated the 31.7.70, published in the Calcutta Gazette ???, of the 31.7.70. Part-I, page 1708.

2 The words "either of the Bengal Legislative Council or" were ??? by part (1) of Art. 3 of and the Sch. 11 to the Indian Independence (Adoration or Bengal and Punjab Acts) Order, 1948.

3 These words were substituted for the word "Bengal" by para. (2) of Art. 3 of the Indian ??? (Adaptation of Bengal and Punjab Acts) Order, 1948.

4 The words "the President of the said Council" were omitted, by para. (I) of Act, 3 of and the Schedule to, the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

Section 3. Salaries

53. Salaries.- There shall he paid to each member a salary at the rule of 6[(six hundred and fifty rupees) per mensem] with effect from the date of which he takes his oath:

Provided that the salary of any member in respect or 7[any period prior to (the first day of September, 1983,) shall be paid at the rate of two hundred and fifty rupees) per mensem]:

8Provided further that there shall be paid to the member, who is the Leader of the Opposition, such salaries and allowances as are admissible to a Minister under the West Bengal Salaries and Allowances Act, 1952:

9Provided also that there shall he paid to the Chief Government Whip such salaries and allowances as are admissible to a Minister of State under the West Bengal Salaries and Allowances Act, 1952, west Ben. Act V of 1952.

Explanation I.-"Leader or the Opposition" means that member of the West Bengal Legislative Assembly who is for time time being the Leader in the State Assembly of the early in opposition to the State Government having the greatest numerical strength in the said Assembly;

Explanation II.- If any doubt arises as to which is or was at the material time the party in opposition to the State Government having the greatest numerical strength in the West Bengal Legislative Assembly, or as to who is or was at any material time the Leader in the said Assembly of such a party, the question shall be decided for the purposes of this Act, by the Speaker of the said Assembly, and his decision, certified in writing under his hand, shall he final and conclusive.

5 This section was substituted for the original section by s. 2 or the Bengal Legislative Chambers (Members' Emoluments) Amendment Act, 1945 (Ben. Act 1 of 1945). This substitution of see in 3 was deemed to have been made on and to have effect horn the first day of January, 1944, see, section 2(2) of Ben. Act of 1945.

6 Firstly, the words "two hundred and fifty rupees per mensem" were substituted for the word "two hundred rupees per ???" by s. 2(1) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1965 (West Ben. Act VII of 1965). Later the words "three hundred and fifty rupees" were ??? for the words "two hundred and fifty rupees" by s. 2(a) of the Bengal Legislative Assembly (Members ??? Act, 1933 (West Ben. Act XXX of 1983). Finally, the words within the first brackets were substituted for the words "three hundred and fifty rupees" by s. 2(i) of the Bengal Legislative Assembly [Members' Emoluments) (Amendment) Act, 1997 (West Ben. Act X of 1997).

7 Firstly the words "any period ??? to the first day of April 1965, shall be paid or the rule of two hundred rupees per mensem" were substituted for the words "any period prior to the first day of January, 1944, shall the paid at the rare of one hundred and fifty rupee per mensen by s. 2(2) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1965 (West Ben. Act VIII of 1965). Later, the words within the first brackets and second brackets wen: substituted for the words "the fist day of April, 1965" and "two hundred rupees" by ss. 2(b)(i) and 2(h)(ii), respectively, of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1983 (West Ben. Act XXX of 1983).

8 With the coming into force or West Bengal Act XXIV of 1957, a farther proviso was inserted after the existing proviso, vides. 2 read with sub-section (2) of section of the Bengal Legislative Assembly (Members' Emoluments) (West Bengal Amendment) Act, 1957 (West Ben. Act XXIV of 1957). Later the present second proviso was substituted by s. 2(c) of the Bengal Legislative Assembly (Members' Emolument)(Amendment) Act, 1983 (West Ben. Act XXX of 1983).

9 The third proviso was inserted by s. 2(2) or the Bengal Legislative Assembly (Members' Emoluments (Amendment Act, 1997 (West Ben. Act X of 1997).

Section 4. Allowances

4. Allowances.- Subject to such conditions as may be determined by 1rules made under this Act:-

(a) there shall be paid to members not ordinarily resident within such distances, as may be prescribed by rules made under this Act, of the place at which their attendance is required in connection with their duties as members-

2(i) daily allowance at the rule of 3[two hundred rupees per the in.

Explanation.- Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, for the purposes of this clause, a member of the Governor's Council of Ministers, if elected to the West Bengal Legislative Assembly, the Speaker of the West Bengal Legislative Assembly, the Deputy Speaker of the said Assembly, the Leader of the Opposition, the Chief Government Whip, a Parliamentary Secretary, a Parliamentary Undersecretary, or a Parliamentary Private Secretary, if any, shall be deemed to be a "Member"

(ii) travelling allowance for journeys by 1[air at the rate of one and one-fourth times the air fare (, for journeys by rail at the rate of half the first class fare and for journeys by steamer)] at the rate of one and a half times first class fare:2[, for himself and one first class fare for one person accompanying him] and

(iii) road mileage allowance at such rules as may be fixed by rules made under this Act;3*

4(aa) there shall be paid to all members compensatory allowance at the rate of 5[five hundred rupees] per mensenr,

6(aaa) there shall be paid to all members constituency allowance at the rate of 7[one thousand rupees] per mensenr

8(b) there shall be paid to a member an allowance at the rate of one thousand rupees per annum on account of postal expenses; and

1(c) 2[there shall be issued to each member who undertake journeys in connection with his duties as such member,-]

(1) 3[railway coupons or vouchers for such member and for one person accompanying such member-]

(i) in respect of all such journeys to any place or places within the State of West Bengal,

4(ii) in respect of such journeys to any place or places within India outside the State of West Bengal:

Provided that the maximum limit for the member and for the person accompanying him shall with respect to each of them be 5[fifteen thousand kilometres] a year;

1Provided further that when a member undertakes journeys to any place or places within India outside the State of West Bengal in connection with his duties as a Member of any committee of the West Bengal Legislative Assembly or as a member of any delegation appointed by the West Bengal Legislative Assembly, the distances of such journeys shall not be taken into account in calculating the maximum limit of 2[fifteen thousand kilometres] a year,

(2)3[One free pass] in respect of any such journey or Part thereof 10 any place within the State of West Bengal by any road transport service provided by a State transport undertaking carried on by the State Government or by any Road Transport Corporation established by the State Government under section 3 of the Road Transport Corporations Act, 1950 4[except for any such journey or part thereof by the road transport service provided by the Calcutta State Tram port Corporation Act 64 of 1950 on is city routes] 5[and, for the purpose of this sub-clause, the identity card of the member shall be treated as free pass for himself and for his companion.]

6(3) one free pass of the Calcutta State Transport Corporation for each, for any such journey or part thereof by any road transport service provided by such Corporation on its city routes, and

1(4) one free puss of the Calcutta Tramways Company for such member and for one person accompanying such member for any such journey or part thereof by any tram-car of such Company; and, for the purposes of this sub-clause, the identity card of the member shall be treated as free pass for himself and for his companion.

1 For rules made in ??? or the powers conferred under sections 4 and 5. see notification No. 2823 A.R. dated the 9th December, 1959, published in the Calcutta Gazette ??? of 1959. Part I pages 2415-2418, as subsequently amended.

2 Firstly sub-clause (i) with a proviso was substituted for the original sub-clause by s. 1 of the Bengal Legislative Assembly Chambers (Members' Emoluments) Amendment Act, 1945 (Ben. Act 1 of 1945). Thereafter, the words "twenty rupees per ???" were substituted for the words "fifteen rupees per diem" by s. 3(1) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1956 (West Ben. Act VIII of 1965). Then the words and figures "at such rule as is admissible to a Minister under the West Bengal Salaries and Allowances Act, 1952" were substituted for the words "at the rate of twenty rupees per diem" by s. 3(a) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1983 (West Ben. Act XXX of 1983). Finally, the present sub-clause (i) with its Explanation was substituted by s. 2(1)(a) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1994 (West Ben. Act XXIII of 1994).

3 The words within the square brackets were substituted for the words "one hundred and fifty rupees" by s. 3(1) of the Bengal Legislative Assembly (Members& Emoluments) (Amendment Act, 1977 (West Ben. Act X of 1997).

1 Firstly, the words "air at the rate of one and one-fourth times, the air fare and for journeys by" were inserted by s. 3(1)(i) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959 (West Ben. Act XVI of 1959). Later the words within the first breakers were substituted for the words "and for journeys by rail or sleimer" by s. 2(1) of the Bengal Legislative Assembly (Members' emoluments) (Amendment) Act, 1966 (West Ben. Act III of 1966).

2 These words were inserted by s. 2(b) of the West Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1994 (West Ben. Act XXIII of 1994).

3 The word "and" was omitted by 3(1)(ii) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959 (West Ben. Act XVI of 1959).

4 This clause was added by s. 2 of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1974 (West Ben. Act XVIII of 1974).

5 The words "there hundred rupees" were substituted for the words "two hundred rupees" by s. 3(b) of the Bengal Legislative Assembly (Members' Emoluments Amendment) Act, 1983 (West Ben. Act XXX of 1983). Later, the words within the square brackets were substituted for the words "three hundred rupees" by s. 3(2) of the Bengal Legislative Assembly (Members' Emoluments) (Amendnvem) Act, 1997 (West Ben. Act X of 1997).

6 This clause was added by s. 2(1) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1989 (West Ben. Act XXV of 1989).

7 The words within the square brackets were suhstnuted for the words "five hundred rupees" by s. 3(3) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1997 (West Ben. Act X of 1997).

8 Clause (b) was substituted for the original by s. 2(2) of the West Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1994 (West Ben. Act XXIII of 1994). Prior to this substitution there were following changes in the original clause, namely:

(i) the words "per diem and" were substituted for the words "per diem" by s. 3(2) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959 (West Ben. Act XVI of 1959) and

(ii) firstly, the words "five rupees per dienr" were substituted for the words "two rupees and eight annas per diem" by s. 3(2) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1965 (West Ben. Act VIII of 1965). Later the words "ten rupees" were substituted for the words "five rupees" by s. 3(c) of the Bangui Legislative Assembly (Members' Emoluments) (Amendment) Act, 1983 (West Ben. Act XXX of 1983), Finally, the words "twenty-five rupees" were substituted for the words "ten rupees" by s. 2(2) of the Bengal Legislative Assembly (Members' Emolument) (Amendment) Act, 1989 (West Ben. Act XXV of 1989).

1 Firstly, clause (e) was added by s. 3(3) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959 (West Ben. Act XVI of 1959). Thereafter clause (c) consisting of sub-clauses (i) and (ii) was substituted for the original clause by s. 2(2) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1966 (West Ben. Act 111 of 1966). Then the clause consisting of sub-clauses (1) and (2) was re substituted by s. 2 of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1969 (West Ben. Act VIII of 1969).

2 The words within square brackets were substituted for the words "then shall be issued in members who undertake journeys in connection with their duties as such members.- by s. 2(1) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1979 (West Ben. Act XX VIM of 1979).

3 The words within square brackets were substituted for the words "railway coupons or vouchers" by s. 2(2). ibid.

4 ??? (ii) with the proviso was substituted for the previous item (ii) by s. 2 of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1980 West Ben. Act XVI of 1980). Prior to this substitution there were Following changes in the previous item (ii), namely:

(i) the words "eight thousand" were substituted for the words "four thousand eight hundred" by s. 2(1)(a) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1978 (West Ben. Act XLIX of 1978), and

(ii) the word "and" was omitted by s. 2(1)(b). (ibid)

5 Firstly the words "ten thousand kilometres" were substituted for the words "eight thousand kilometres" by s. 2(3)(a)(i) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1989 (West Ben. Act XXV of 1989). Later, the word "twelve" was substituted for the word "ten" by s. 2(3)(a) or the Bengal Legislative Assembly (Members' Emoluments) Amendment) Act, 1991 (West Ben. Act XXIII of 1994). Finally, the words will in the square brackets were substituted for the words "twelve thousand kilnineties" by s. 3(4)(a) of the Bengal Legislative Assembly (Members' Emolument) (Amendment Act, 1997) West Ben. Act of 1971.

1 This second proviso was added by s. 2(1) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1986 (West Ben. Act XVII of 1986).

2 Firstly the words "ten thousand kilometres" were substituted for life words "eight thousand kilometres" by s. 2(1)(a)(ii) or the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1989 (West Ben. Act XXV of 1989). Later, the word "twelve" was substituted for the word "ten" by s. 2(3)(b) or the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1997 (West Ben. Act XXIII of 1997). Finally, the words within the square brackets were substituted for the word "twelve thousand kilomelres" by s. 3(4)(b) of the Bengal Legislative Assembly (Members' Emoluments)(Amendment) Act, 1997 (West Ben. Act X of 1997).

3 Thew words square brackets were substituted for the words "State traspon ???" by s. 2(2)(a) of the Bengal Legislative Assembly (Members' Emolument) (Amendment) Act, 1986 (West Ben. Act XVII of 1986).

4 The words within square brackets were inserted by s. 2(2) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1978 (West Ben. Act XLIX of 1986).

5 The words within square brackets were inserted by s. 2(2)(b) of the Bengal Legislative Assembly (Members' Emoluments)(Amendment) Act, 1986 (West Ben. Act XVII of 1986).

6 Sub-clauses (3) and (4) were originally added by s. 2(3) of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1978 (West Ben. Act XLIX of 1978). Later the present sub-clause (4) was substituted by s. 2(3)(4) or the Bengal Legislative Assembly ??? 1989 west Ben. Act XXV of 1989).

1 See foot-note 6 of page 474, ante

Section 4-A. Amenities

24-A. Amenities.- A member shall be entitled to such medical facilities and such telephone facilities as may be determined by rules made under this Act.

2 Section 4A was added by s. 1 of the Bengal Legislative Assembly (Members' (Amendment) Act, 1979 (West Ben. Act XXVIII of 1979).

Section 5. Power to Make rules

35. Power to Make rules.- (1) The State Government shall make 4rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules-

(a) to prescribe the periods during which, and the conditions under which, daily allowance 5[* * *] may be drawn, the circumstances under which 6[such allowance] may be withheld, and the conditions under which the journeys referred to in clause (c) of section 4 may he undertaken;

(b) to fix the rates of road mileage allowance, and to prescribe the conditions under which such allowance may be drawn; and

(c) to prescribe the distances referred to in section 4 in respect of each of the allowances referred to in the said section.

7(d) to determine the medical and telephone facilities mentioned in section 4A.

(3) Until rules are made under this section rules framed under the Bengal Legislative Assembly (Members' Emoluments) Act, 1937, before the commencement of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959, (West Ben. Act XIV of 1959), shall continue to remain in force.

3 Section 5 was substituted for the original section by s. 4 of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959 (West Ben. Act X VI of 1959).

4 See foot note I on page 471 ante

5 The words "and conveyance allowance" were omitted by s. 3(1) or the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1994 (West Ben. Act XXIII of 1994)

6 The words within square brackets were substituted for that words "such allowances" by s. 3(1). ibid

7 Clause (d) was added by s. 4 of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1979 (West Ben. Act XVVII of 1979).

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