Preamble
Salaries and Allowances of Deputy Ministers (Himachal Pradesh) Act, 1971*
| [Himachal Pradesh Act No. 5 of 1971]1 | [22nd April, 1971] |
An Act to provide for the salaries and allowances of Deputy Ministers in the State of Himachal Pradesh.
Be it enacted by the Legislative Assembly of the State of Himachal Pradesh in the twenty-second Year of the Republic of India as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Salaries and Allowances of Deputy Ministers (Himachal Pradesh) Act, 1971.
(2) It shall be deemed to have come into force with effect from the 25th January, 1971, but section 4 shall be deemed to have come into force on the 18th day of February, 1970 and lection 7 shall be deemed to have come into force on the 18th day of March 1967.
Section 2. Definitions
2. Definitions.- In this Act, unless the context otherwise requires-
(a) "House" 5 in eludes the staff quarters and other buildings appurtenant thereto and the gardens thereof.
(b) "Maintenance" in relation to a house shall include the payment of local rates and taxes and charges for electricity and water.
Section 3. Salaries of Deputy Ministers
3. Salaries of Deputy Ministers.- There shall be paid to each Deputy Minister a salary at the rate of eight hundred rupees per mensem, exclusive of income-tax.
Section 4. Salaries of Deputy Minister's from the 18th day of February, 1970 to 24th day of January, 1971
4. Salaries of Deputy Minister's from the 18th day of February, 1970 to 24th day of January, 1971.- There shall be paid to each Deputy Minister a salary at the rate of seven hundred rupees per mensem from the 18th day of February, 1970 to 24th day of January, 1971 and they shall be entitled to draw the arrears at the rate of two hundred rupees per mensem after deducting the salary of five hundred rupees per mensem already drawn by them under the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1963. (2 of 1963).
Section 5. Residence of Deputy Ministers
5. Residence of Deputy Ministers.- Each Deputy Minister shall be entitled (free of income-tax) throughout his term of office and for a period of fifteen days immediately thereafter to the use of a house for resider of furnished and maintained by the State Government or in lieu thereof he shall be paid such allowance not exceeding one hundred and fifty rupees per mensem as the State Government may fix.
Explanation.- The Deputy Minister shall not become liable ??? for the payment in case the standard rent of the house allotted to him for residence exceeds one hundred and fifty rupees per mensem.
Section 6. Conveyance Allowance
6. Conveyance Allowance.- (1) Each Deputy Minister shall be entitled to the use of a car the expenses on the maintenance and propulsion of which shall be borne by the State Government, or in lieu thereof to a conveyance allowance of three hundred rupees per mensem:
Provided that the maintenance and propulsion expenses of the State car in use by the Deputy Minister shall not be subject to the limit of three hundred rupees.
(2) A Deputy Minister may opt for the services of a chauffeur on Government expense in lieu of Conveyance allowance provided in sub-section (1) if he uses his own motor-car.
Section 7. Validation of the use of Government motor-car by a Deputy Minister
7. Validation of the use of Government motor-car by a Deputy Minister.- A Deputy Minister who has not drawn conveyance allowance admissible to him under the Salaries and Allowances of Ministers (Himachal Prrdesh) Act, 1963, (2 of 1963) after the 18th March, 1967 and had used the Government motor-car, shall be deemed to have used such motor-car as if the costs of maintenance and propulsion of which have been met by the Government.
Section 8. Advance of loan to Deputy Ministers for purchase of motorcar
8. Advance of loan to Deputy Ministers for purchase of motorcar.- There may be paid to each Deputy Minister by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules1 made in this behalf, for the purchase of a motor-car, in order that he may kt able to discharge conveniently and efficiently the duties cl his office.
Section 9. Free instalation of telephone
9. Free instalation of telephone.- (1) Each Deputy Minister shall be entitled to have a telephone installed at any place within his constituency or at his permanent place of residence, if such facility is available at such place at normal rates and without incurring an additional cost as may be specified by him, and after the place of installation has been so specified, the charges for first installation of security deposit and annual rent, for such telephone sh all be borne by the State Government and all other expenses such as those relating to local and outside calls shall be paid by the Deputy Minister:
Provided that the expenditure on local and outside coll incurred by a Deputy Minister in any month shall be re-imbursed by the Government subject to a maximum of fifty rupees.
(2) All expenses which are payable by a Deputy Minister in relation to the telephone installed under sub-section (1) shall be paid by him directly in cash and if it is not so done, the same may be adjusted by the State Government against any amount due to him from the State Government.
Section 10. Deputy Minister not to draw salary or allowance as member of the State Legislature
10. Deputy Minister not to draw salary or allowance as member of the State Legislature.- No person in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by the State Legislature by way of salary or allowance in respect of his membership of State Legislature.
Section 11. Notification respecting appointment etc. of Deputy Ministers to be conclusive evidence thereof
11. Notification respecting appointment etc. of Deputy Ministers to be conclusive evidence thereof.- The date on which any person became or ceased to be a Deputy Minister shall be published in the Official Gazette of the State of Himachal Pradesh and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Deputy Minister on that date for all the purposes of this Act.
Section 12. Power to make rules, etc.
12. Power to make rules, etc.- The travelling and daily allowances of the Deputy Minister shall be regulated in accordance with such rules 2as may be framed or adopted by the State Government from time to time:
Provided that no mileage or travelling allowance shall be chargeable in respect of journey performed in a State car.
Section 13. Savings
13. Savings.- Any appointment, notification, order, rule, made or issued under the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1963, (2 of 1963) or the Salaries and Allowances of Ministers (Himachal Pradesh) Ordinance, 1971 (1 of 1971), shall, so far as it is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been made or issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, order or rule made or issued under the provisions of this Act.