Karnataka act 005 of 1957 : Karnataka Ministers Salaries and Allowances Act, 1956

Department
  • Department of Personnel & Administrative Reforms
Summary

NO

Enforcement Date

1 Nov 1957

Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 76

THE KARNATAKA MINISTERS SALARIES AND ALLOWANCES ACT, 1956.

ARRANGEMENT OF SECTIONS

Statement of Objects and Reasons:

Sections:

1. Short title and commencement.

2. Definitions.

3. Salaries of Chief Minister and Ministers.

4. Residences of Ministers.

5. Conveyances for Ministers.

6. Charges payable by the Minister and the Government. 6A. Salaries of Ministers of State.

6B. Residences of Ministers of State.

6C. Conveyance for Ministers of State

6D. Charges payable by the Minister of State and the Government

7. Salaries of Deputy Ministers.

8. Residences of Deputy Ministers.

9. Conveyance for Deputy Ministers. 9A. Use of helicopter and aircraft by Ministers etc

10. Charges payable by the Deputy Minister and the Government. 10A. State Government to bear electricity and water charges in certain other cases.

10B. Deductions in respect of house rent etc.

11. Travelling Allowances of a Minister, a Minister of State or a Deputy Minister on assuming or relinquishing office.

12. Travelling and other allowances on tours. 12A. Omitted.

13. Medical attendance.

14. Ministers, Ministers of State and Deputy Ministers not to practise profession, etc.

15. Power to make rules.

16. Repeal of Karnataka Ordinance No. 2 of 1956 and savings. * * * *

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 77

STATEMENT OF OBJECTS AND REASONS

I

Act 5 of 1957.— Not available

II

Amending Act 26 of 1966.—There is at present no specific provision in the Mysore Ministers Salaries and Allowances Act, 1956, regulating the travelling and daily allowances payable to the Ministers and Deputy Ministers for journeys outside India. It is considered necessary to make provision for this purpose. Hence the Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, Dated 27th July 1966 as No. 130 at page. 3.)

III

Amending Act 9 of 1967.—The salaries and allowances payable to the Ministers and Deputy Ministers have been fixed nearly ten years ago. In view of the present high cost of living it is necessary to increase the same. It is necessary to provide motor cars to Deputy Ministers as they have to undertake tours on official duty.

Hence this Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, Dated 31st July 1967 as No. 160 at page. 4.)

IV

Amending Act 17 of 1968.—The Mysore Ministers Salaries and Allowances Act, 1956, provides for the salaries and allowances for Ministers and Deputy Ministers of the State of Mysore. Consequent upon the appointment of Ministers of State, in addition to Ministers and Deputy Ministers, it became necessary to provide for their salaries and allowances. As the Houses of Legislature were not in Session, an Ordinance was promulgated making provision for payment of salaries and allowances to the Ministers of State.

This Bill is intended to replace the Ordinance.

As it was considered more appropriate to have specific statutory provisions for payment of insurance premia for insurance against accidents during air journeys, necessary provision was made in the Ordinance for this purpose. Opportunity has been taken to make necessary statutory provisions in respect of the facility of free cars provided to Ministers during their stay at Delhi, and the payment of petrol charges for return of the motor car to Bangalore when a Minister on tour undertakes further journey either by train or by air.

2

Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 78 (Published in the Karnataka Gazette (Extraordinary) Part IV-2A Dated 26th August 1968 as No. 706 at page. 8.)

V

Amending Act 18 of 1974.- Not available

VI

Amending Act 48 of 1976.—The cost of travelling outside India as also the cost of living in the Capitals and country side of foreign countries, has considerably increased in recent years. The scale of T.A. at 1 and 1/5 times the single fare of the Class now admissible to the Ministers for journeys by Air, Train or Sea and daily allowance at Rs. 100 per day for the days of journeys and for the days of halt at any place and even the provision of Rs. 150 of daily allowance to be authorized under special circumstances has been found to be inadequate.

According to rules framed by the Government of India under Central Ministers Salaries Allowances Act, the provision for this purpose is that the President shall regulate the expenditure on tours of Ministers abroad in each case according to specific sanction. Since the actual expenditure varies from country to country depending on the cost of living and travel obtaining there, it is considered necessary to make similar provision by amending the Act.

Hence the Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 18th March 1976 as No. 1533 at page. 3.)

VII

Amending Act 32 of 1978.—It is considered necessary to enhance the salary of Ministers, Ministers of State of Deputy Ministers. It is also considered necessary to provide certain additional facilities like extension of stay in the official residences for a period of two months immediately after the Minister relinqueshes the office. It is also considered necessary to:—

(i) Provide sumptuary Allowance by Rs. 200 p.m.

(ii) Enhance House Rent Allowance by Rs. 150 in lieu of official residence.

(iii) Enhance Conveyance Allowance by Rs. 350 p.m.

(iv) Meet the cost of oil for the Motor Cars.

(v) Meet the first Rs. 200 of the aggregate monthly charges for consumption of Electricity & Water by the Minister/Minister of State and the amount in Excess of Rs. 200 by the Government.

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 79

(vi) Enhance Travelling Allowance from 75 Ps. to Rs. 1 per k. m. and the Daily Allowance Inside the State from Rs. 30 to Rs. 50 per day and for the stay outside the State Rs. 50 to Rs. 75 per day.

(vii) Pay pension of Rs. 500 per month for Ministers/Ministers of State who have served for not less than 3 years per month and every additional of one years Service an additional pension of Rs. 50 subject to a maximum of Rs. 750 p.m.

Certain provisions are made with retrospective effect to cover the income tax paid by the Ministers.

Hence this Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 14th August 1978 as No. 1150 at page. 8.)

VIII

Amending Act 17 of 1979.—According to the provisions of the Karnataka Ministers Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957), as amended by the Karnataka Ministers Salaries, Pensions and Allowances (Amendment) Act, 1978,—

(1) the enhanced conveyance allowance was payable to Ministers, Ministers of State and Deputy Ministers from a retrospective date;

(2) the road mileage was payable at Re. 1 per kilometre; and

(3) higher pension was payable to Ministers, Ministers of State, Deputy Ministers, Presiding Officers, Deputy Presiding Officers, Government Chief Whips and Leaders of the Opposition.

It was considered necessary—

(i) to give effect to the payment of conveyance allowance at enhanced rate only prospectively, i.e., from 26th December 1978, the date of the publication of the Amendment Act;

(ii) to reduce the rates of mileage allowance to 0-75 paise per kilometer; and

(iii) to empower Government to prescribe by rules the maximum plinth area of residential buildings to be provided to the Ministers, Ministers of State, Deputy Ministers and also the scale on which such buildings should be furnished;

(iv) that the Ministers, Ministers of State, Deputy Ministers, Presiding Officers, Deputy Presiding Officers, Government Chief Whips, and Leaders of the Opposition should get the same pension as Members of the Legislature and to delete the special provisions made in the Act.

4

Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 80 As the Karnataka Legislative Assembly was not in session, the Karnataka Ministers Salaries, Pensions and Allowances (Amendment) Ordinance, 1978 was promulgated for the said purpose.

This Bill seeks to replace the said Ordinance.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 24th January 1979 as No. 82 at page. 5.)

IX

Amending Act 30 of 1979.—In the Central Budget, in March, this year, there was an increase in the petrol and oil rates. Added to this OPEC also announced increase in the oil prices, which had its impact in the petrol and oil rates in the country. As a result, the rates of petrol has been on the increase from the last few months. Hence, it is considered necessary to increase the kilometerage allowance from 75 paise to one rupee to cope up with the enhanced rates of oil and petrol. It is also considered necessary to provide for payment of loans to ministers, etc., for purchase, repair or construction of residential houses.

Hence the Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 24th September 1979 as No. 958 at page. 4.)

X

Amending Act 25 of 1981.—Since the last enhancement of T. A. and conveyance allowance in 1978, the prices of petrol oil and lubricants have gone up considerably. It is therefore considered necessary to increase the travelling allowance and conveyance allowance admissible to a Minister from "one rupee" to

"one rupee and fifty paise" per kilometre and from Rs. 750/- to Rs. 950/- per month respectively.

Hence the Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 28th March 1981 as No. 212 at page. 3.)

XI

Amending Act 14 of 1984.—It is considered necessary to amend the Ministers Salaries and Allowances Act to make provisions (i) to regulate the use of the State owned Helicopter owned by the Government or an Aircraft that may be owned by Government at a later date by the Minister/Ministers of State/Deputy Minister, and

(ii) to get the reimbursement of the actual motor car hire charges paid by the Ministers at the place where there is no motor car or if the motor car is hired when the regular car goes out of order.

Hence the Bill.

5

1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 81 (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 18th January 1984 as No. 51 at page. 3.)

XII

Amending Act 18 of 1987.—It is proposed to amend the Karnataka Ministers Salaries and Allowances Act, 1956 to provide for the following:—

1. To enhance the salary of the Chief Minister to Rs. 3,000, Ministers to Rs. 2,500, Minister of State to Rs. 2,250 and Deputy Minister to Rs. 2,000.

2. Conveyance Allowance to be enhanced from Rs. 950 to Rs. 2,000.

3. Mileage Allowance to be enhanced from Rs. 1.50 Ps. per K.M. to Rs. 2.50 Ps. per K.M.

4. To enhance Dearness Allowance to Rs. 100 within the State and Rs. 150 outside the State, and travelling and other expenses for tour outside the country on duty or travelling for medical treatment, on par with a Minister of Government of India.

5. Sumptuary allowance to be enhanced to Rs. 5,000 in respect of the Chief Minister and other Minister and Rs. 4,000 in respect of Minister of State and Deputy Ministers.

6. To enhance the payment of Houses Rent Allowance to the Ministers who reside in their own house to Rs. 1,000 per mensem. Certain other consequential amendments are also made. Hence the Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 2nd April 1987 as No. 275 at page. 4.)

XIII

Amending Act 6 of 1991.—On the recommendations of the Committee constituted to consider enhancement of salary and allowances and other benefits to the Ministers, the following amendments are proposed to the Karnataka Ministers Salaries and Allowances Act, 1956:—

(i) The Sumptuary Allowance is raised to Rs. 10,000 p.m. to the Chief Minister and Ministers and to Rs. 8,000 p.m. in respect of Ministers of State and Deputy Ministers.

(ii) The House Rent Allowance is raised to Rs. 5000/- p.m. in respect of Ministers if they reside in their own houses.

(iii) The cost equal to 300 litres of petrol is being given as Conveyance Allowance per month.

(iv) Daily Allowance is raised at the rate of Rs. 250/- while on tour outside the State.

Hence the Bill.

6

Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 82 (Obtained from LA Bill No. 32 of 1990.)

XIV

Amending Act 7 of 1994.—It is considered necessary to enhance the allowances of the Chief Minister, Cabinet Minister and Minister of the State by amending the Karnataka Ministers' Salaries and Allowances Act, 1956. Hence the Bill.

(Obtained from LA Bill No. 1 of 1994.)

XV

Amending Act 20 of 1997.—It is considered necessary to enhance the allowances of Ministers, Deputy Ministers and Minister for States by amending the Karnataka Ministers Salaries and Allowances Act, 1956.

Hence the Bill.

(Obtained from LA Bill No. 36 of 1997.)

XVI

Amending Act 13 of 2001.—It is considered necessary to enhance the salaries and allowances of the Chief Ministers, Cabinet Ministers and Ministers of the State by amending the Karnataka Ministers Salaries and Allowances Act, 1956. Hence the Bill.

(Obtained from LA Bill No. 44 of 2000.)

XVII

Amending Act 23 of 2005.—The salary and allowances of Ministers were last revised in the year 2000, after which there has been considerable rise in the living costs and relative depreciations of money value.

Therefore, it is considered necessary to enhance the salaries and allowances of the Ministers, Ministers of State and Deputy Ministers by amending the Karnataka Ministers Salaries and Allowances Act, 1956.

Hence the Bill.

[L.A. Bill No. 20 of 2005]

(Entry 40 of list II of Seventh Schedule to the Constitution of India.)

XVIII

Amending Act 33 of 2011.- There is a considerable increase in the cost of living. The salary and allowances to the Chief Minister, Ministers, Ministers of State and Deputy Ministers have not been revised since a long time. Therefore, it is considered necessary to revise the salaries, house rent allowances, conveyance allowances and the rates of Traveling Allowance and Dearness Allowance at the rate specified in the proposed amendment.

7

1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 83 Hence, the Bill.

[L.A. Bill No. 25 of 2011, File No. Samvyashae 41 Shasana 2006] [Entry 40 of List II of the Seventh Schedule to the Constitution of India.]

XIX

Amending Act 19 of 2015.- There is a considerable increase in the cost of living. The salary and allowances to the Chief Minister, Ministers, Ministers of State and Deputy Ministers have not been revised since a long time. Therefore, it is considered necessary to amend the Karnataka Ministers Salaries and Allowances Act, 1956 for revision of salary, house rent allowance, sumptuary allowance, conveyance allowances etc.,

Hence, the Bill.

[L.A. Bill No. 16 of 2015, File No. Samvyashae 31 Shasana 2014] [entry 40 of List II of the Seventh Schedule to the Constitution of India.]

- - - - - -

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Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 84

1 [KARNATAKA] 1 ACT No. 5 OF 1957

(First published in the 1[Karnataka Gazette]1on the Twenty-eighth Day of January, 1957.)

THE 1[KARNATAKA]1 MINISTERS SALARIES AND ALLOWANCES ACT,

1956.

(Received the assent of the Governor on the Twenty-seventh Day of January, 1957.)

(As amended by Act, 26 of 1966, 9 of 1967, 17 of 1968, 18 of 1974, 48 of 1976, 32 of 1978,17 of 1979, 30 of 1979, 25 of 1981, 14 of 1984, 18 of 1987, 6 of 1991, 7 of 1994, 20 of 1997, 13 of 2001, 23 of 2005, 33 of 2011 and 19 of 2015)

An Act to provide for the2[Salaries and Allowances]2of the Ministers

3 [, Ministers of State and Deputy Ministers] 3 of the 1 [State of Karnataka] 1 and certain other matters.

W HEREAS it is expedient to provide for the2[Salaries and Allowances]2 of the Ministers3[, Ministers of State and Deputy Ministers]3, of the

1 [State of Karnataka] 1 and certain other matters; B E it enacted by the1[Karnataka State]1Legislature in the Seventh Year of the Republic of India as follows:—

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

2. Substituted by Act 17 of 1979 w.e.f. 26.12.1978.

3. Inserted by Act 17 of 1968 w.e.f. 11.10.1968.

1. Short title and commencement.- (1) This Act may be called the

1 [Karnataka] 1 Ministers 2 [Salaries and Allowances] 2 Act, 1 956.

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

2. Substituted by Act 17 of 1979 w.e.f. 26.12.1978.

(2) It shall be deemed to have come into force on the first day of November, 1956.

2. Definitions.- In this Act, unless the context otherwise requires,—

(a) 'highest class' in relation to journeys by train includes air conditioned accommodation available in the train;

1 [(b) 'Minister', 'Minister of State' and 'Deputy Minister' mean respectively, 'Minister', 'Minister of State' and 'Deputy Minister'; and 'Minister' includes the Chief Minister.]1

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

(c) 'prescribed' means prescribed by rules made under this Act;

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 85

(d) 'residence' includes the staff quarters and other buildings appurtenant thereto and the gardens thereof.

1 [3. Salaries of Chief Minister and Ministers.- There shall be paid to the Chief Minister a salary of3[2[fifty thousand rupees]2]3per mensem and to each Minister a salary of3[2[forty thousand rupees]2]3per mensem. They shall also be paid a sumptuary allowance of3[2[three lakhs rupees]2]3per annum.]1

1. Substituted by Act 18 of 1987 w.e.f. 01.04.1987.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 13.04.2015.

4. Residences of Ministers.- (1) Each Minister shall be entitled,1[x x x]1, to the use of a furnished residence in the City of Bangalore throughout his term of office and for a period of2[sixty days]2immediately thereafter, or in lieu of such furnished residence to a house rent allowance at the rate of 5 [ 3 [eighty thousand rupees] 3 ] 5 per mensem. 4 [The residence provided under this sub-section shall be furnished on such scales, and the plinth area thereof shall not exceed such limits, as may be prescribed.]4

1. Omitted by Act 32 of 1978 w.e.f. 23.03.1972.

2. Substituted by Act 32 of 1978 w.e.f. 23.03.1972.

3 . Substituted by Act 3 3 of 2011 w.e.f. 4.7.2011.

4. Substituted by Act 17 of 1979 w.e.f. 27.12.1978.

5. Substituted by Act 19 of 2015 w.e.f. 04.03.2014

(2) In a residence used by a Minister who is entitled to a house rent allowance in lieu of a furnished residence, three rooms shall be furnished by the State Government on such scales as may be prescribed, to be used for official purposes.1[He shall be entitled for an allowance of3[2[twenty thousand rupees]2]3per month for maintenance and upkeep of residence and for layout and maintenance of gardens included in such residence]1.

1 . Inserted by Act 7 of 1 994 w.e.f. 1 .9.1 993.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 04.03.2014

5. Conveyances for Ministers.- (1) The State Government may provide a suitable motor car for the use of each Minister.

(2) There shall be paid to each Minister a conveyance allowance1[equal to the cost of3[2[One thousand litres]2]3of petrol]1per mensem.

1. Substituted by Act 6 of 1991 w.e.f. 1.11.1990.

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Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 86

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

6. Charges payable by the Minister and the Government.- (1) Each Minister shall in respect of the residence and motor car allotted for his use under sub-section (1) of section 4 and section 5, be liable to pay the following charges, namely:—

1 [(a) cost of petrol required for their respective motor cars in excess of the cost of3[2[One thousand litres]2]3of petrol paid by the Government]1.

1. Substituted by Act 6 of 1991 w.e.f. 1.11.1990.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 13.04.2015 1 [(b) he first two hundred rupees of the aggregate monthly charges for the consumption of electricity and water in the residence.]1

1. Substituted by Act 32 of 1978 w.e.f. 23.3.1972.

(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 4 and the motor car provided under section 5, including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor car, rates and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government. 1 [6A. Salaries of Ministers of State.- There shall be paid to each Minister of State a salary of4[2[thirty five thousand rupees]2]4per mensem 3 [and a sumptuary allowance of 4 [ 2 [two lakhs rupees] 2 ] 4 per annum] 3 .

1. Sections 6A to 6D Inserted by Act 17 of 1968 w.e.f. 11.10.1968.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Inserted by Act 32 of 1978 w.e.f. 26.12.1978.

4. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

6B. Residences of Ministers of State.- (1) Each Minister of State shall be entitled,1[x x x]1, to the use of a furnished residence in the City of Bangalore throughout his term of office and for a period of2[sixty days]2 immediately thereafter, or in lieu of such furnished residence to a house rent allowance at the rate of5[3[eighty thousand rupees]3]5per mensem.4[The residence provided under this sub-section shall be furnished on such scales, and the plinth area thereof shall not exceed such limits, as may be prescribed]4.

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 87

1. Omited by Act 32 of 1978 w.e.f. 23.3.1972.

2 . Substituted by Act 32 of 1978 w.e.f. 2 3.3.1972 .

3. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

4 . Substituted by Act 17 of 1979 w.e.f. 27.12.1978.

5. Substituted by Act 19 of 2015 w.e.f. 04.03.2014.

(2) In a residence used by a Minister of State who is entitled to a house rent allowance in lieu of a furnished residence, three rooms shall be furnished by the State Government on such scales as may be prescribed, to be used for official purposes.1[He shall be entitled for an allowance of 3 [ 2 [twenty thousand rupees] 2 ] 3 per month for maintenance and up keep of residence and for layout and maintenance of gardens included in such residence]1.

1 . Inserted by Act 7 of 1 994 w.e.f. 1 .9.1 993.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3 . Substituted by Act 19 of 2015 w.e.f. 04.03 .2014.

6C. Conveyance for Ministers of State.- (1) The State Government may provide a suitable motor car for the use of each Minister of State.

(2) There shall be paid to each Minister of State a conveyance allowance 1 [equal to the cost of 3 [ 2 [One thousand litres] 2 ] 3 of petrol] 1 per mensem.

1. Substituted by Act 6 of 1991 w.e.f. 1.11.1990.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

6D. Charges payable by the Minister of State and the Government.-

(1) Each Minister of State shall in respect of the residence and motor car allotted for his use under sub-section (1) of section 6B and section 6C, be liable to pay the following charges, namely:—

1 [(a) cost of petrol required for their respective motor cars in excess of the cost of4[2[One thousand litres]2]4of petrol paid by the Government]1. 3 [(b) the first two hundred rupees of the aggregate monthly charges for the consumption of electricity and water in the residence.]3

1. Substituted by Act 6 of 1991 w.e.f. 1.11.1990.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 32 of 1978 w.e.f. 23.3.1972.

4. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 6B and the motor car provided

12

Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 88 under section 6C, including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor car, rates and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government.]1

7. Salaries of Deputy Ministers.- There shall be paid to each Deputy Minister a salary of4[1[thirty thousand rupees]1]4per mensem2[and a sumptuary allowance of4[1[One lakh fifty thousand rupees]1]4per annum.]2

1. Substituted by Act 33 of 2011 w.e.f. 4.7.2011

2. Inserted by Act 32 of 1978 w.e.f. 26.12.1978.

3. Substituted by Act 13 of 2001 w.e.f. 1.12.2000.

. 4. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

8. Residences of Deputy Ministers.- (1) Each Deputy Minister shall be entitled1[x x x]1to the use of a furnished residence in the City of Bangalore throughout his term of office and for a period of2[sixty days]2immediately thereafter or in lieu of such furnished residence to a house rent allowance at the rate of5[3[eighty thousand rupees]3]5per mensem.4[The residence provided under this sub-section shall be furnished on such scales and the plinth area thereof shall not exceed such limits, as may be prescribed.]4

1. Omitted by Act 32 of 1978 w.e.f. 23.03.1972.

2. Substituted by Act 32 of 1978 w.e.f. 23.03.1972.

3. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

4. Substituted by Act 17 of 1979 w.e.f. 27.12.1978.

5. Substituted by Act 19 of 2015 w.e.f. 04.03.2014

(2) In a residence used by a Deputy Minister who is entitled to a house rent allowance in lieu of a furnished residence, three rooms shall be furnished by the State Government on such scales as may be prescribed, to be used for official purposes.1[He shall be entitled for an allowance of 3 [ 2 [twenty thousand rupees] 2 ] 3 per month for maintenance and up keep of residence and for layout and maintenance of gardens included in such residence.]1

1 . Inserted by Act 7 of 1 994 w.e.f. 1 .9.1 993.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 04.03.2014

1 [9. Conveyance for Deputy Ministers.- (1 ) The State Government may provide a suitable motor car for the use of each Deputy Minister.

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 89

(2) There shall be paid to each Deputy Minister a conveyance allowance 2 [equal to the cost of 4 [ 3 [One thousand litres] 3 ] 4 of petrol] 2 per mensem.] 1

1. Substituted by Act 9 of 1967 w.e.f. 10.8.1967.

2. Substituted by Act 6 of 1991 w.e.f. 1.11.1990.

3. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

4. Substituted by Act 19 of 2015 w.e.f. 13.04.2015 1 [9A. Use of helicopter and aircraft by Ministers etc.- Every Minister, Minister of State or Deputy Minister shall, subject to availability, be entitled to use the helicopter or aircraft owned by the State Government, for official purposes, free of charge.]1

1. Inserted by Act 14 of 1984 w.e.f. 1.11.1956. 1 [10. Charges payable by the Deputy Minister and the Government.-

(1) Each Deputy Minister shall in respect of the residence and motor car allotted for his use under sub-section (1) of section 8 and section 9, be liable to pay the following charges, namely:—

2 [(a) cost of petrol required for their respective motor cars in excess of the cost of5[3[One thousand litres]3]5of petrol paid by the Government.]2 4 [(b) the first two hundred rupees of the aggregate monthly charges for the consumption of electricity and water in the residence.]4

(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 8 and the motor car provided under section 9, including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor cars, rate and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government.]1

1. Substituted by Act 9 of 1967 w.e.f. 10.8.1967.

2. Substituted by Act 6 of 1991 w.e.f. 1.11.1990.

3. Substituted by Act 33 of 2011 w.e.f. 04.07.2011.

4. Substituted by Act 32 of 1978 w.e.f. 23.03.1972.

5. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

1 [1 0A. State Government to bear electricity and water charges in certain other cases.- In respect of the residence of a Minister, a Minister of State and a Deputy Minister, who does not avail the facility of furnished residence, monthly charges in excess of first two hundred rupees per month for consumption of electricity and water together in his residence shall be borne by the State Government.

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Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 90

1. Sections 10A and 10B Inserted by Act 32 of 1978 w.e.f. 23.3.1972.

10B. Deductions in respect of house rent etc.-There shall be deducted every month from the salary payable to a Minister, a Minister of State and a Deputy Minister,—

(a) a sum equal to ten per cent of his salary as house rent, if he is in occupation of residence provided by the State Government;

(b) a sum equal to two and a half per cent of his salary as rent of the furnishings of his residence, if the same has been furnished by the State Government.]1

1. Sections 10A and 10B Inserted by Act 32 of 1978 w.e.f. 23.3.1972.

11. Travelling Allowances of 1[a Minister, a Minister of State or a Deputy Minister]1 on assuming or relinquishing office.- (1)1[A Minister, Minister of State or Deputy Minister]1shall:—

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

(a) for the journey in respect of assuming office, to the City of Bangalore, from his usual place of residence in the State if it is outside the City, and

(b) for the journey in respect of relinquishing office, from the City of Bangalore, to his usual place of residence in the State before he assumed office if such place is outside the City,

- be entitled to travelling allowance for himself and the members of his family and for the transport of his personal effects at the rates hereinafter specified, namely:-

(i) the actual charges incurred by1[the Minister, the Minister of State or the Deputy Minister]1for himself and the members of his family, whether the journey is made by train or by road or both;

(ii) the actual charges incurred for the transport of the personal effects whether by road or by rail; provided that if a railway wagon is reserved for such transport, the charges for such wagon.

Explanation.- For the purpose of this section, member of the family means the husband, wife, son, daughter, father, mother, brother or sister if wholly dependent on and residing with1[the Minister, the Minister of State or the Deputy Minister]1, as the case may be.

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

12. Travelling and other allowances on tours.- (1)1[Every Minister, Minister of State and Deputy Minister]1shall be entitled, while touring on duty connected with his office, to travelling and daily or other allowances at the rates and upon the conditions specified in this section.

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 91

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

(2) While touring on official business1[every Minister, Minister of State and Deputy Minister]1shall be entitled,—

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

(a) for journeys by train to1[two times]1the single fare of the highest class available in the train:

Provided that if2[a Minister, a Minister of State or a Deputy Minister]2 reserves a compartment for the journey, the charges for such compartment shall be borne by the State Government:

Provided further that if any person in addition to2[the Minister, the Minister of State or the Deputy Minister]2travels in the reserved compartment, the charges in respect of such person shall be recovered and credited to Government;

1. Substituted by Act 18 of 1974 w.e.f. 27.5.1974.

2. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

(b) for journeys by road, to road mileage at3[2[1[thirty rupees]2]3per kilometre;]1

1. Substituted by Act 9 of 1967 w.e.f. 10.08.1967.

2. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

3. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

(c) for journeys by air, to one and one-fifth times the single fare paid for such journeys1[and to the prescribed insurance premium for insurance against accidents during such journeys;]1

1. Inserted by Act 17 of 1968 w.e.f. 01.11.1956.

(d) to daily allowance at3[1[two thousand rupees]1]3per day for the days of journey and for the days of halt at any place:

Provided that in the case of tours outside the State, the daily allowance shall be at3[1[two thousand five hundred rupees]1]3per day for the days of journey and for the days of halt at any place:

Provided further that if2[a Minister, a Minister of State or a Deputy Minister]2is treated as a State Guest, he shall be entitled only to one-fourth of the daily allowance for the period for which he is treated as a State Guest. 4 [Provided also that in case of tour outside the state where he has stayed in a hotel or registered establishment providing boarding and loadging at scheduled rates, he shall be entitled for daily allowance of rupees five thousand per day subject to production of bills.]4

1. Substituted by Act 33 of 2011 w.e.f. 4.7.2011.

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Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 92

2. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

3. Substituted by Act 19 of 2015 w.e.f. 13.04.2015

4. Inserted by Act 19 of 2015 w.e.f. 13.04.2015

1 [(2A) Every Minister, Minister of State and Deputy Minister touring outside India on duty or travelling outside India for medical treatment shall be entitled to the same terms and conditions in regard to travelling and other expenses as a Minister of the Government of India.]1

1. Substituted by Act 18 of 1987 w.e.f. 1.4.1987. 1 [(2B). When a Minister, Minister of State or Deputy Minister while making a journey by road in a motor car provided by the State Government, has to undertake in the public interest further journey by train or by air, he shall be entitled to the petrol charges incurred by him for the return of the motor car to the city of Bangalore from the place at which he ceases to use the motor car.

1 . Inserted by Act 1 7 of 1 968 w.e.f. 1 .1 .1 966. (2C). Every Minister, Minister of State and Deputy Minister shall in addition to the allowances payable under sub-section (2), be entitled to use without payment of charges, the motor cars maintained by the State Government at the2[Karnataka Bhavan]2in New Delhi.]1

1. Sub-Section 2A and 2B Inserted by Act 17 of 1968 w.e.f. 01.1.1966.

2. Adapted by the Karnataka Adaptations of laws order 1973 w.e.f. 1.11.1973.

1 [Provided that if no such motor car is available for use and if a motor car is hired by him for journeys in connection with his official business he shall be entitled to recover the actual hire charges paid by him.]1

1. Inserted by Act 14 of 1984 w.e.f. 01.01.1966.

(3) The State Government may maintain suitable motor cars for tours by1[Ministers, Ministers of State and Deputy Ministers]1in prescribed places within the State which are not easily accessible, and when such motor cars are used by any1[Minister, Minister of State or Deputy Minister]1on tour, then, notwithstanding anything contained in sub-section (2), he shall not be entitled to any allowance other than the daily allowance.

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

1 [(4) If a motor car provided to him by the State Government goes out of order while on tour by road and a motor car is hired by him for journeys connected with his official business, the Minister, Minister of State or the Deputy Minister shall be entitled to recover the actual hire charges paid by him.]1

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1957: KAR. ACT 5] Ministers Salaries Pensions & Allowances 93

1. Inserted by Act 14 of 1984 w.e.f. 01.11.1956. 1 [12A. x x x] 1

1. Omitted by Act 17 of 1979 w.e.f. 26.12.1978.

13. Medical attendance.- Subject to rules made by the State Government,1[a Minister, a Minister of State and a Deputy Minister]1and the members of the family of1[the Minister, the Minister of State or the Deputy Minister]1who are residing with and are dependent on him shall be entitled free of charge to accommodation in hospitals maintained by the State Government and to medical attendance and treatment.2[They shall also be entitled, subject to rules made by the State Government, to reimbursement of the expenses incurred by them for medical attendance and treatment obtained at any other place3[whether within or outside India]3.]2

1. Substituted by Act 17 of 1968 w.e.f. 11.10.968.

2. Inserted by Act 18 of 1974 w.e.f. 27.5.1974.

3. Inserted by Act 17 of 1979 w.e.f. 27.12.1978.

Explanation.—For the purpose of this section, member of the family means the husband, wife, son, daughter, father, mother, brother or sister.

14. 1[Ministers, Ministers of State and Deputy Ministers]1 not to practise profession, etc.,- 1[A Minister, a Minister of State or a Deputy Minister]1shall not, during the tenure of his office, practise any profession or engage in any trade or undertake for remuneration, any employment other than his duties1[as Minister, Minister of State or Deputy Minister as the case may be.]1

1. Substituted by Act 17 of 1968 w.e.f. 11.10.1968.

15. Power to make rules.- (1) The State Government may, by notification in the1[Karnataka Gazette]1, make rules for carrying out the purposes of this Act.

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973 2 [(1A) Any rule under this Act may be made to have effect retrospectively, and if any such rule is made, a statement specifying the reasons for making such a rule shall be laid before both Houses of the State Legislature along with the rule under sub-section (2).]2

1. Inserted by Act 17 of 1968 w.e.f. 01.11.1956.

(2) All rules made under sub-section (1) shall be laid, as soon as may be,

after they are made, before each House of the State Legislature while it is in session for a total period of one month which may be comprised in one session or in two or more sessions and if, before the expiry of the said period, either House of the State Legislature makes any modification in the rules or directs that any rule shall not have effect and, if the modification or

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Ministers Salaries Pensions & Allowances [1957: KAR. ACT 5 94 direction is agreed to by the other House, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be.

16. Repeal of 1[Karnataka]1 Ordinance No.2 of 1956 and savings.-

The1[Karnataka]1Ministers' Salaries and Allowances Ordinance, 1956, is hereby repealed; but any rules made, anything done and any action taken under the said Ordinance shall be deemed to have been made, done or taken under this Act as if this Act had come into force on the first day of November, 1956 and all rules made under the said Ordinance shall be laid, as soon as may be, after the passing of this Act, before each House of the State Legislature while it is in session for a total period of one month which may be comprised in one session or in two or more sessions and if, before the expiry of the said period, either House of the State Legislature makes any modification in the rules or directs that any rule shall not have effect and, if the modification or direction is agreed to by the other House, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be.

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

KARNATAKA ACT NO. 19 OF 2015

(First published in the Karnataka Gazette Extra-ordinary on the thirtieth day of April, 2015)

THE KARNATAKA MINISTERS SALARIES AND ALLOWANCES (AMENDMENT)

ACT, 2015

(Received the assent of the Governor on the twenty eight day of April, 2015) An Act further to amend the Karnataka Ministers Salaries and Allowances Act,

1 956.

Whereas, it is expedient further to amend the Karnataka Ministers Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the sixty-sixth year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Karnataka Ministers Salaries and Allowances (Amendment) Act, 2015.

(2) Sections 3, 7 and 11 shall be deemed to have come into force on 4thday of March 2014 and other provisions shall come into force at once. Sections 3, 4, 5, 6, 6A, 6B,6C, 6D, 7, 8, 9, 10, 12 are Incorporated in the Principal Act. * * * *

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