himachal pradesh act 009 of 1979 : Legislators (Modification of Allowances and Other Amenities) Act, 1979

Legislators (Modification of Allowances and Other Amenities) Act, 1979

HIMACHAL PRADESH ACT 009 OF 1979
09 May, 1979

An Act to amend the laws relating to the grant of allowances and other amenities to the Ministers, Speaker, Deputy Speaker and other members of the State Legislature.

It is hereby enacted by the Legislative Assembly of the Himachal Pradesh in the Thirtieth Year of the Republic of India, as follows:

Section 1. Short title and commencement

(1) This Act may be called the Himachal Pradesh Legislators (Modification of Allowances and Other Amenities) Act, 1979.

(2) It shall come into force at once.

Section 2. Amendment of the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971

In the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971 (4 of 1971),

(a) after the existing section 5, the following section 5-A along with its heading shall be inserted, namely:

5-A. Free transit by railway. Each Minister shall be provided with two free nontransferable first class passes, valid during the term of his office, which shall entitle him and his spouse or any other person accompanying him to look after and assist him to travel at any time by any railway in India; provided the aggregate distance so travelled in any financial year on these passes does not exceed twenty thousand kilometres:

Provided that if the journey is performed by an air-conditioned railway coach or by air he shall be paid as amount equivalent to one first class fare for such journey and if he is accompanied by his spouse or any other person to look after and assist him he shall be paid an amount equivalent to two firstclass fares, for such journey. ;

(b) after the existing section 7, the following section 7-A along with its heading shall be inserted, namely:

7-A. House building advance. In case a Minister does not avail himself of the facility of motor car advance as provided, in section 7, he may be paid by way of repayable advance such sura of money, and subject to such conditions, as may be determined by rules made in this behalf, for the construction of a house or for the purchase of a built-up house. ; and

(c) in the existing proviso to sub-section (1) of section 8, for the words fifty rupees the words, three hundred rupees shall be substituted.

Section 3. Amendment of the Himachal Pradesh Legislative Assembly Sneaker's and Deputy Speaker's Salaries Act, 1971

In the Himachal Pradesh Legislative Assembly Speaker's and Deputy Speaker's Salaries Act, 1971 (4 of 1971),

(a) after the existing section 7, the following section 7-A along with its heading shall be inserted, namely:

7-A. House building advance. In case the Speaker or the Deputy Speaker does not avail himself of the facility of motor-car advance as provided in section 7, he may be paid by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for the construction of a house or for the purchase of a built-up house. ;

(b) in the existing proviso to sub-section (1) of section 8, for the words fifty rupees , the words three hundred rupees shall be substituted; and

(c) after the existing section 10; the following section 10-A along with its heading shall be inserted, namely:

10-A. Free transit by railway. The Speaker and the Deputy Speaker shall each be provided with two free non-transferable first class passes, valid during the term of their office, which shall entitle each as well as his spouse or any other person accompanying him to look after and assist him to travel at any time by any railway in India; provided the aggregate distance so travelled in any financial year on the passes provided to each does not exceed twenty thousand kilometres:

Provided that if the journey is performed by an air-conditioned railway coach or by air he shall be paid an amount equivalent to one first-class fare for such journey and if he is accompanied by his spouse or any other person to look after and assist him, he shall be paid an amount equivalent to two first-class fares for such journey.

Section 4. Amendment of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971

In the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971),

(a) for the existing section 4-B, the following section 4-B along with its heading shall be substituted, namely:

4-B. Constituency, secretarial and postal facilities allowance. There shall also be paid to each member a constituency, secretarial and postal facilities allowance at the rate of three hundred rupees per mensem. ;

(b) after section 4-B, so amended, the following section 4-C and 4-D along with their headings shall be inserted, namely:

4-C. Advance of loan to members for purchase of motor-car. There may be paid to each member by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for the purchase of motor-car, so that he may be able to discharge conveniently and efficiently the duties of his office as member.

4-D. House building advance. In case a member does not avail himself of the facility of motor-car advance as provided in section 4-C, he may be paid by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for the construction of a house or for the purchase of a built-up house. ;

(c) for the sign occurring at the end of sub-section (2) of section 5, the sign : shall be substituted and thereafter the following proviso shall be added, namely:

Provided that a member who instals a telephone under this sub-section, shall also be paid telephone allowance at the rate of three hundred rupees per mensem:

Provided further that if a member does not instal a telephone at any place within his constituency or at his permanent place of residence or at Simla, he shall be paid telephone allowance at the rate of one hundred rupees per mensem. ;

(d) in sub-section (1) of section 6

(i) in the third proviso to clause (a) for the word sixteen , the word twenty shall be substituted; and

(ii) in clause (b) for the words the Himachal Pradesh Government Transport or the Mandi-Kulu Road Transport Corporation , the words the Himachal Road Transport Corporation shall be substituted; and

(e) after existing section 6-C, the following new section 6-D along with its heading shall be inserted, namely:

6-D. Recovery of Government dues from compensatory allowance or pension. (1) If any person to whom compensatory allowance is admissible under this Act has been a member during any period earlier to his existing term and has not paid to the State Government any amount payable by him on account of any advance, any residential accomodation or any other facility of whatever nature provided to him by the State Government during such earlier period in his capacity as Minister, Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretory or member, the above referred amount due from him may be recovered from his compensatory allowance.

(2) If any person, to whom pension, is admissible under this Act, has not paid to the State Government any amount payable by him on account of any advance, any residential accommodation or any other facility of whatever nature provided to him, by the State Government in his capacity as Minister, Speaker Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or member, the above referred amount due from him may be recovered from his pension.

1. For Statement of Objects and Reasons see R.H.P. Extra dt. 21-4-1979 p. 1547.

2. Received the assent of the Governor, Himachal, Pradesh on the 9th May, 1979, and was published in R.H.P. Extra, dated the 16th May, 1979 at pages 1749-1751.

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