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haryana act 003 of 1970 : Salaries and Allowances of Ministers Act, 1970

Salaries and Allowances of Ministers Act, 1970

HARYANA ACT 003 OF 1970
20 March, 1970

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Year

No.

Short title

Whether repealed or otherwise affected by Legislation

1970

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The Haryana Salaries and Allowances of Ministers Act, 1970

Amended by Haryana Act, 21 of 19763

Amended by Haryana Act, 14 of 19804

Amended by Haryana Act, 15 of 19885

Amended by Haryana Act, 1 of 19936

Amended by Haryana Act, 15 of 19977

Amended by Haryana Act, 14 of 19988

Amended by Haryana Act, 8 of 20029

An Act to provide for the Salaries and Allowances of Ministers in the State of Haryana

Be it enacted by the Legislature of the State of Haryana in the Twenty-first Year of the Republic of India as follows:

Section 1. Short title

This Act may be called the Haryana Salaries and Allowances of Ministers Act, 1970.

Section 2. Definitions

In this Act, Minister means a member of the Council of Ministers, by whatever name called, and includes a Deputy Minister.

Section 3. Salaries and sumptuary allowance

10[ 11[(1) There shall be paid to Minister a salary of eleven thousand rupees per mensem.]

(2) There shall be paid a sumptuary allowance to the Minister as may be prescribed.]

Section 4. Residence

Each Minister shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of fifteen days immediately thereafter, and no charge shall fall on the Minister personally in respect of the maintenance of such residence, or in lieu of such residence shall be entitled to be paid,

(a) in the case of a Deputy Minister, 12[such allowance as may be prescribed;]

(b) in the case of any other Minister, 12[such allowance as may be prescribed;]

as the State Government may in each case determine.

Explanation. For the purposes of this section, residence includes the staff quarters and other buildings appurtenant there and the garden thereof, and maintenance , in relation to a residence, irides the payment of local rates and taxes and the provision of electrify and water.

Section 5. Conveyance

Each Minister shall be paid a 13[conveyance allowance are rate as may be prescribed] or, in lieu thereof, a State car, the expel on the maintenance and propulsion of which shall be borne by State Government.

14[Proviso * * *]

15[5-A. Expense to maintain office in Constituency/District. Each Minister shall be paid an allowance at the rule of one thousand rupees per menses or as may be prescribed on account of expenses on the maintenance of office in his constituency/District.]

Section 6. Liability to pay Income tax

The Minister's salary and allowances referred to in this Act shall be exclusive of the lax payable in respect thereof under any law relating to income tax for the time being in force, and such tax shall be borne by the State Government.

Explanation. For the purposes of this section, the 16[salary and allowances received by the Minister and the allowances received by him as a member of Haryana Legislative Assembly] during any financial year shall be deemed to be his only income for that year.

Section 7. Ministers not to draw salaries or allowances as members of State Legislature

No person in receipt of any salary or allowance under this Act shall be entitled to receive any sum out of the funds provided by the 17[State Legislature except as specifically provided in the Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975] by way of salary or allowance in respect of his membership of the House of the State Legislature.

Section 8. Traveling and daily allowances to Ministers

18[ (1) The travelling allowance of Ministers shall be regulated in accordance with such rules as may be framed by the State Government from time to time:

Provided that no mileage or travelling allowance shall be chargeable in respect of journeys performed in a State car.

(2) A daily allowance at the rate of rupees five hundred per day or at such rate as may be prescribed shall be paid to a Minister while on tour.]

Section 9. Power to make rules

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act:

Provided that any rules relating to any matter to which this Act relates and which were in force immediately before the commencement of this Act, shall, in so far as they are not inconsistent with the provisions of this Act, and until rules are framed under this Act in respect of such matter, be deemed to be made under this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session, aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 10. Repeal and savings

(1) The East Punjab Minister's Salaries Act, 1947 (East Punjab Act No. 6 of 1947), and the Salaries and Allowances of Deputy Ministers, Punjab Act, 1956 (Punjab Act No. 22 of 1956), in their application to the State of Haryana and the Haryana Salaries and Allowances of Ministers Ordinance, 1970 (Haryana Ordinance No. 3 of 1970), are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Haryana Salaries and Allowances of Ministers Ordinance, 1970, shall be deemed to have been done or taken under this Act as if this Act had commenced on the 23rd January, 1970.

1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), 1970, page 133.

2. [Received the assent of the Governor of Haryana on the 20th March, 1970, and was first published in the Haryana Government Gazette (Extraordinary), of the 24th March, 1970]

3. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 1-7-1976, page 1210.

4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 11-3-1980, page 474.

5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 23-3-1988, page 398.

6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 22-12-1992, page 2640.

7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 22-7-1997, page 1751.

8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 25-7-1998, page 1260.

9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 20-3-2002, page 603.

10. Substituted by Haryana Act 14 of 1980 and further substituted by Haryana Act 15 of 1988 and further substituted by Haryana Act 1 of 1993 and further substituted by Haryana Act 15 of 1997.

11. Substituted by Haryana Act 14 of 1998.

12. Substituted by Haryana Act 15 of 1997.

13. Substituted by Haryana Act 15 of 1997.

14. Omitted by Haryana Act 15 of 1997.

15. Inserted by Haryana Act 14 of 1998.

16. Substituted by Haryana Act 21 of 1976 and shall always be deemed to have been substituted.

17. Substituted by Haryana Act 8 of 2002.

18. Substituted by ibid.