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himachal pradesh act 018 of 1986 : Legislators (Modifications of Certain Amenities) Act, 1986

Legislators (Modifications of Certain Amenities) Act, 1986

HIMACHAL PRADESH ACT 018 OF 1986
30 August, 1986

An Act further to amend the laws relating to the grant of allowances amenities and pension to the Ministers, Speaker, Deputy Speaker, Deputy Ministers and Members of the State Legislature.

Be it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-seventh Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the Himachal Pradesh Legislators (Modifications of Certain Amenities) Act, 1986.

(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 (3 of 1971).

(a) for the existing section 3, the following section 3, along with its heading, shall be substituted, namely:

3. Salaries and daily allowances of Ministers. Each Minister shall be entitled to receive a salary at the rate of one thousnd and five hundred rupees per mensem and an allowance for each day during the whole of his term as such Minister at the same rates as are specified in clause (ii) of sub-section (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971) with respect to members of the State Legislative Assembly .; and

(b) after section 3 so substituted, the following section 3-A, along with its heading, shall be added, namely:

3-A. Sumptuary Allowance to Ministers. There shall be paid a sumputuary allowance to each Minister at the following rates, namely;

(a) the Chief Minister

Rupees one thousand two hundred and fifty per mensem;

(b) every other Minister who is a member of the Cabinet.

Rupees seven hundred per mensem;

(c) a Minister of State

Rupees five hundred per mensem.

Section 3. Amendment of the Himachal Pradesh Legislative Assembly. Speaker'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) for the existing section 3, the following section 3, along with its heading, shall be substituted, namely:

3. Salary etc. of the Speaker. (1) The Speaker shall be entitled to receive salary at the rate of one thousand and five hundred rupees per mensem and an allowance for such clay during the whole of his term as such Speaker at the same rates as are specified in clause (ii) of sub-section (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971) with respect to members of the State Legislative Assembly.

(2) The Speaker during the term of his office shall be provided by the State Government a free furnished house at Shimla, the maintenance charges of which shall be borne by the State Government. The State Government may also allow him to continue in free occupation of the house for a period not exceeding fifteen days from the date of his ceasing to be the Speaker. ;

(b) section 3-A shall be committed;

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

4. Salary etc. Of the Deputy Speaker. (1) The Deputy Speaker shall be entitled to receive a salary at the rate of one thousand and five hundred rupees per mensem and an allowance for each day during the whole of his term as such Deputy Speaker at the same rates as are specified in clause (ii) of sub-section (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971) with respect to members of the State Legislative Assembly.

(2) The Deputy Speaker during the term of his office shall be provided by the State Government a free furnished house at Shimla, the maintenance charges of which shall be borne by the State Government or in lieu thereof he shall be paid such allowance not exceeding three hundred rupees per mensem as the State Government may fix. The State Government may also allow him to continue in free occupation of the house for a period not exceeding fifteen days from the date of his ceasing to be the Deputy Speaker.

Explanation. The Deputy Speaker shall not become liable personally for any payment in case the standard rent of the house allotted to him for residence exceeds one hundred and fifty rupees per mensem. ; and

(b) after section 4, the following new section 4-A, along with its heading shall be inserted, namely:

4-A. Sumptuary allowance. There shall be paid to the Speaker a sumptuary allowance of eight hundred and fifty rupees per mensem and to the Deputy Speaker a sumptuary allowance of five hundred rupees per mensem.

Section 4. Amendment of the Salaries and Allowances of Deputy Ministers (Himachal Pradesh) Act, 1971

In the Salaries and Allowances of Deputy Ministers (Himachal Pradesh) Act, 1971 (5 of 1971),

(a) for the existing section 3, the following section, along with its heading, shall be substituted, namely:

3. Salary etc. of the Deputy Ministers. (1) Each Deputy Minister shall be entitled to receive a salary at the rate of one thousand and four hundred rupees per mensem and an allowance for each day during the whole of his term as such Deputy Minister at the same rates as are specified in clause (ii) of sub-section (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971), with respect to members of the State Legislative Assembly.

(b) after section 3 so substituted, the following section 3-A, along with its heading, shall be added, namely;

3-A. Sumptuary allowance. In addition to the salary and other perquisites admissible to him under this Act, a sumptuary allowance at the rate of three hundred rupees per mensem shall also be paid to the Deputy Minister. ; and

(c) for the words The allowances appearing at the beginning of section 9-A, the words The salary and allowances shall be substituted.

Section 5. 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) in Explanation II of sub-section (1) of section 4, the words or halting shall be omitted and the words five miles , the words eight kilometres shall be substituted; and

(b) in section 6-B/-

(i) for the figures 300 and 500 occurring in sub-section (1), the figures 500 and 1000 shall be substituted respectively;

(ii) for the words that to which he is entitled under sub-section (1) , occurring in sub-section (3), the words one thousand and five hundred rupees shall be substituted;

(iii) for clause (b) of sub-section (3), the following clause shall be substituted, namely;

(b) where the amount of pension to which he is entitled under such law or otherwise, is less than rupees one thousand and five hundred per mensem, such person shall be entitled to pension under sub-section (1) only of an amount which falls short of rupees one thousand and five hundred per mensem.

1. For Statement of Objects and Reasons see R.H.P. Extra., Dated 21-3-1986 P. 1400.

2. Received the assent of the Governor, Himachal Pradesh on the 30th August, 1986 and was published in R.H.P. Extra Date 1-9-1986, P. 1433-1435