i(SlKKIM, MH~IStERS, SPEAKER, 'DEPUTY SPEAKER AND ,, MEMBERS OF THpLEGISLATIVE ASSEMBLY (S".\LARIES 'AND 'A:LLqWANCE~) ACT, 1977] .:ACT NO.4 of 1977
,AN,
,ACT
t~"provide for the salaries and allowances of the Ministers, the Speaker, the Deputy Sp~~k'erand Members of the Legislative Assembly of the State of Sik kirn.. ,;' ( 'j [28th March, 1977]
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Be it enacted by the Leg~slature, of Sikkirn in.the Twenty-eighth Year of the Republic of India as follows.=-
1.1
L (I)' This Act may .be called the '1[ Sikkim MinistersjSpea- ker, Deputy Speaker and Members of the .Legislative Assembly (Salaries and, Allowances) Act,] 1977. Short title and
Commencement.
(2) The provisions of" thisA:ct shall' come into force at once except the provisions of . section, 3 which shall come and shall. always be deemed to have come , into force with effect from the" Ist day of April, 1976.,I',.,'r, 2: " 'In thisAct,l:lnless there is, anything repugnant in the ': . ' subject or rcontextv-- .
'" (a)'As~en1bly' means the Legislative Assembly of the State of Sikkim.
'(b) 'Chief Minister .•.•"Minister', 'Minister of State',an~ 'Deputy Minister' shall mean' respectively the Chief Minister, ·a Minister, a Minister of State or a Deputy Minister of the State. of Sikkim.
"(c) 'Committee' means a Committee of the Assembly and includes a' Committee rappointed -by the State Govern- ment:
Definitions,
(d) 'Deputy Speaker'
(f) 'furnished' means provided with furniture and fittings on ~u~h' scale' a~d "within such limits' as may be
" , prescribed;
1. Subs, by see ,2 (a) of the S, S, & A, (Arnd.) Act, No.6 of 1980 (w , e. r. 25.10.1979),
1
(g) 'maintenance' in relation to a residence shall include repairs, structural addition and alternations and provi- sion. of connections for water and electricity and payment of municipal rates and-taxes and other charges in respect of the residence.
(h) 'member' means a member of thc Assembly other than the Chief Minister, a Minister of State, a Deputy Minister, the Speaker and the Deputy Speaker and shall include a member acting .as Speaker " in the abs~nceof the Speaker and the Deputy Speaker,
(i) 'month' shall mean a month reckoned according to the English Calender.
(j) 'prescribed' mean prescribed by rules made under this Act.
(k) 'rent' includes charges for electricity arid water.
(I) 'residence' includes the garage, garden, lawn, quarters for
. the staff. servants. securi ty personnel or guards and guest house within the compound of the residence. (rn) 'session' means the whole period from the time when the Assembly meets to the time when it is prorogued.
(n) 'Speaker'means the Speaker 'of the Assembly and shall include a member' of the Assembly appointed by the Governor to perform the, duties of the Speaker when. the posts of the Speaker and. the Deputy Spe- aker are vacant.
Salaries and 3. (I) There shall be paid to the Chief: Minister, the Minister allowances. the Minister of State, the Deputy Minister, the Speaker and the Deputy Speaker such monthy salaries as
specified in the Schedule.
(2) There. shall be paid to the Chief Minister, the Minister 2[ the Speaker and the Deputy Speaker] such monthly sumptuary allowances as specified in the Schedule.
(3) There sha 11 be paid to every, member of the Assembly a salary at the rate of eight hundred rupees per month
. and also a consolidated allowance at the rate of 3(threeJ hundred rupees per month for his travelling and other expenses Tncluding the expenses necessary forattending the meetings of Assembly oil >I< >I< *].
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2. Subs- by sec. 2 (b) of the R.S. & A. (Amd.) Act. No.6 of 1980 (w, e. f. 25. 10.1979). il. Subs. by sec. 2 (a) of the S. M. S. D. S. & M of L. A. (S. & A.) (Arnd.) Act, No. 10 of 1980 [w. e. f. 1. 8. 1980).
4. Deleted by sec. 2 (T) of the Sikk i:n Salaries and Allowances (Amd.) Act. No. 10 of 1978 (w. c. f. 1. 4. 1,976).
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',.4. f:O}: TheChiefMlniste~,theMiriister, the Minister ofState , the yr 'I " Deputy' Minister, the Speaker and the Deputy Speaker 1.:" 'shall be entitled withourvpayrnent rof rent to use of i, '" a
:),)~),,:Where.any of the persons mentioned in sub-section '. " ,(.1), is not provi~e,dwith any residence under sub-section ~,I:\ ,.:(1),. he shall be paid an,allowance at the rate of four .: hundred rupees per month so long as he is not provided .' :with'such residence. '
.','.' ,.' (." . " ~
, "", ,(3), Al~ "expenditure for, maintenance and furnishing any
",,'r~siden,ce provjded,~pder sub-section (1) .shall be borne by the Goverriment..
(4) Every member shall be entitled to such residential \ accornodation as' may be prescribed 'at the place of the sitting of the Assembly during the session or a meeting Of a Committee."
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;.!'( I The Chief Minister, the Minister, the Minister of State, the Deputy Speaker' shall, be provided with free Vehicle and' driver and all' expenses for the salariesano allowa- nces of the driver, of fuel, upto : SL1Ch limit as may 'be prescribed, expenditure of maintenance and repairs of the vehicles shall be borne by the Go "ern men t.
(2) Where any of the persons mentioned in sub-section (I) is .not provided with the' facilities ·of conveyance as specified therein, he shall be paid a conveyance allow- ance .at the rate of four hundred -rupees per month and, shall in addition be provided with a driver under the employment: .of the :Government.'
(3) Bvery member shall be provided with a free non-trans ..
. ferable 'first class pass'f~r travelUngby railway from and to any place in India for a distance of'not exce e- ing 5[eight],thousand kilometers in the aggregate in any financial year and also a free non-transferable pass for travelling within the State ,Of Sikkim by any transport service vehicle owned, controlled "or managed by the Government.
5. (1)
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6. TheChief Minister?theMinister. the Minister of State, the Deputy Minister, ,the Speaker, the Deputy Speaker Conveyance.
M edical [acllitics,
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and the members along with their family shall be entitled to free medical attendance. and -treatment in any of the Government hospitals of the State and also such other medical facilities as may be prescribed.
Travelling Allowance.
7. (1) The Chief Minister, the Minister, the Minister of State. the Deputy Minister, the Speaker, the Deputy 'Speaker and the members shall be entitled to travelling allow- ance while on tour on public business at such rates and subject to such conditions as may be prescribed. n [(2) The members shall be entitled to such travelling allow- ances and facilities at such ra res and subject to such conditions as may be prescribed, for attending the meeting of a Comrnittee.]
Power to make
rules.
8. TheState Governmentmaymakerulesforcarrying out the purposes of this Act and, in particular for any of the matters required to be prescribed under any of the foregoing provisions of this Act.
Repeal and
savings.
9, (1) All laws including rules, regulations, orders, notifications, circulars or other provisions -in vrespect of any matter governed by this Act, .made : or issued prior to the commencement of this Act, shall cease and shall always be deemed to', have ceased to have any force or effect on and from such commencement.
(2) Notwithstanding anything contained 'in sub-section (1), all claims under any of the provisions mentioned in sub-section, (1) relating to the period prior to the commencement of this Act, and remaining unpaid or unadjusted on the date .of the commencement of this Act shall be paid or adjusted, as the .case may be under the said provisions as if this Act bad not come i~to force.
(3) Any order issued, claims paid, payments made or any other action taken before the commencement of this Act in respect of salaries and allowances including advance payment thereof and all other matters governed by this Act shall be deemed to have been validly issued, paid, made or taken duly and properly and under proper legal authority .
...·_ •.•..•..·. ..,_.•.:..._~¥ ..~ov_~. . 6, Ins. by see, 2 (2) of the S, M. S, D.S. & M; oft. A. (S. & A,) (Arnd.) ACt, No. 10 of 1978 (w. e. f. 28,3.1977).
4
SCHEDULE
(section 3 (1) and section 3 (21) Designation Salary Sumptuary Allowance
1. Chief Minister Rs. 2,250/. Rs.
450/·
2. Speaker Rs.
2,000/- Rs, 300/-
3. Minister Rs.
1,750/-
Rs.
225/- ~. Deputy Speaker 7[Rs.
1,750/- Rs.
225/-]
5.
MinisterofState Rs.
1,600/- Nil
6. .Deputy Minister Rs.1,200/- Nil
7. Subs. by sec. 2 (c) of theS.S.&A.(Arnd.)Act,No.6of1980(w,e.f.25.10.1979).
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SIKKIM
EXTRAORDINAR Y
PUBU<:HED BY AUTHORiTY No. 77 Csngtok, Friday, September 19, 1980
LAW AND LEGISLATIVE DEPARTMENT
NOTIFICA nON
No. 9/LL/80,
Dated Gangtok, the 18th September, 1980. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 16th day of September. 1980, is hereby published for general information.
SIKKIM ACT NO. 10 OF 1980.
THE STKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER
AND MEMBERS OF THE LEGISLATIVE ASSEMBLY
(SALARIES AND ALLOWANCES) AMENDMENT ACT, 1980.
AN
ACT
further to amend the Sikkim Ministers, Speaker, Deputy-Speaker and Mem- bers of th ~Legislr. .ive Assembly (Salaries and Allowances) Act, 1977 (4 of
1977).
Be l!: enacted by the Legislature of Sikkim in the Thirty-first year of the Republic of India as follows+-
1. (1) This Act may be called the Sikkim Ministers, Speaker, Deputy- Short title and Speaker and Members of the Legislative Assembly (Salaries and commeucement, Allowances) Amendment Act, 1980.
(2) It shall be deemed to have come into force on the 1st day of August,
1980.
2. In the Sikkim Ministers, Spe;r:~er, Deputy-Speaker and Members of Amendment of the Legislative Assembly (Salaries and Allowances) Act, 1977- section 3 and 5.
(a) in sub-section (3) of section 3 for the words "two hundred rupees"
the words "three hundred rupees" shall be substituted.
(b) in sub-section (3) of section 5 for the words "five thousand kilo- metres" the words "eight thousand kilometres" shall be substituted. By Order of the Governor,
B. R. PRADHAN~
Secretary to the Government of Sikkim,
Law and Legislative Department,
F. No. 16 (ll)LL/77.
1'P'!",1'£1) AT THE S!KK!M GOVERNMENT FRESS
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••• 'ftI'> .:, .:G,rA Z ET T E ) EXTRAORDINARY c
PUBLISHED BY AUTHORITY
--------~'--~------------------~-------------------- -~-, No. 106 Gangtok Monday, September 15, 1986. ---------
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NOTIFICATION
No. 1q/LD/86 Dated the 8th September, 1986. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 6th day of September, 1986 is hereby published for general information:-
THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND
MEMBERS OF THE LEG]SLATIVE ASSEMBLY (SALARIES AND
ALLOWANCES) AMENDMENT ACT, 1986.
(ACT NO. 10 OF 1986)
AN
ACT
" ,further to amend the. Sikkim Ministers" Speaker-Deputy Sl?~ake( and Members of the Legislative Assembly. (Salaries and Allowances) Act, "
1977.
Be it enacted by the Legislative Assembly of Sikkim in the Thirty- seventh Year of the Republic' of India as follows:-
1. (1) This Act may be called the Sikkim Ministers, Speaker; Deputy Speaker and Members of the Legislative Assembly (Salaries and Allow- ances) Amendment Act, 1986.
(2) It shall come into force on the 1st day of September, 1986.
2. In the Sikkim Ministers, Speaker, Deputy Speaker and Members of the Amendment of Legislative Assembly (Salaries and Allowances) Act, 1977 (hereinafter section 3. referred to as the 'said Act'), in section 3, in sub-section (3),-
(a) For the words "eight hundred rupees per month" the words "one thousand rupees per month", and
(b) For the words "three hundred rupees per month" the words "five hundred rupees per month",
shall be substituted.
Short title and
commencement;
7
2
3. In the saidL~ct<, far the existing Schedule, tbe following Schedule shall be substituted, namely:-
St No.
1.
2.
3.
4.
5.
6.
"SCHEDULE sub-sentions-el) and (2) of section 3 Designatiom
ChiefMii1iS1ei"
Speaker
Minister
.Deputy Speaker
Minister of State:
Deputy Minister
Salary
Rs. 3,800/-
Rs,3,500/-
Rs. 3,000/-
Rs. 3,000/-
Rs. 2,500/-
Rs. 2,200/~
Sumptuary Antiwart~e
Rs.700/-
Rs. 500/-
Rs. 500/-
Rs. 500/-
Rs.300/-
Rs. 250/-"
B. R. PRADHAN,
Secretary to the Govt. of Sikkim, Law Department.
(F. No. 16 (l1)/LD/f917j86: ) PRINT£D' A'I·, THB: SJKIQM~ G.oVERNMENfi P>RBSS';.GANGTGK._ .f : • . - ..
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••
SIKKIM
EXTRAORDINARY
PUBLISHED BY AlITHORffY
------ --_._-,---- -------_._--- ---- -~~~-..---....~'"' ..,.,....'"'. Ganatok Thursday, March 15, 1990 No: 33
SIKKIM LlGISLATIVI:: ASSEMBLY SECRETARIAT
GANGTOl(
NOTIFICATION
Dated Gangtok, the T 5th March, T 990. In pursuance of Rule 75 of the Rules or Procedure and Conduct of Business in the Sikkirn Legisl .•- :~vc Assembly, the Speaker has been pleased to order the pre-publication of the following Bill :-
THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER" AND MEMBERS Of THE LEGISLATIVg::
ASSEMBLY (SALARIES AND ALLOWANCES) AMENDMENT BILL, 1990
(131LL NO. I OF 1990 )
A
BILL
further to .1111l:ndthe Sikkim M inisters , Speaker, Deputy Speaker and Members of the Legislative Acceillbly (Salarics and Allowances) Act, 1977. Be it enacted hy the Legisktive As~;cl11bl)'of Sikkim in the Forty-First YeM of the Repuhlic of India as lo llo ws :-
Short title and I ,
comlJJencement
(1) This Act Imy be caller] t:he Sikkim Ministers, Speaker, Deputy Speaker and Members of' the Legislative Assembly (Salaries and Allowallces) Amendment Bill, J 990.
(2) lt shall he: dCCI1led to have corne into force with eflect from the 1St (1.1)' of" December. 1989.
A~JelJdment c:I
section 4.
2. In thc S'il
9
2
STATEMENT OF OBJECTS AND REASONS
The existing salarie§ and allowances of the Council of Ministers, Speaker and Deputy Speaker were fixed 3S far back <1S in J 977. The Ministers who were not provided with official residences were provided with all. allowance of RS.400/- per month only uncle:' the Act. This amount was meagre even by the then standards and especially so since it ".150 included charges for electricity and water. Purthermore , over the last thirteen years no initi: •.tive has been taken to consider refixatio n of the s~.id allowance. The rise in inlla- tion , unprecedented upsurge in prices ".11 around makes it absolutely necess(l.ry for the allowance to l.e refixed at it fair ".ncl reasonable amount.
Tn the 1'".5t, clue to the vmall size 01' the Ministry oflicial residences have been provided to all Minis- ters. Now, however, the increased size of the Ministry coupled with the already existing acute short'age in accommodation in the Capital, Gangtok, a situation has arisen where 111".n),of the Ministers have not been provided with residential aceommodation by thc Government and are staying in privately owned quarters. Under these circumstances , it has now been Found necess",ry to give ~; [",ir and just compensation to those Ministers not provided with cfficial residence by refiXing the allowancc at RS.3,000/- pel' month. With this object in view, the Bill hi'S been framed.
N.B. BHANDARI
C!-IIEF MINISTER
RECOMMENDATION OF THE GOVERNOR LINDER ARTICLE 207 (I) OF
THE CONSTITUTION OF INOlA.
The Governor llaving been informed of tl-.e subject matter of the Bill has been pleased to recom- mend the introduction and consideration of the said Bill by the Sikkim Legisblive Assembly. FlNANCIAL MEMORANDUM
The proposal will involve additional expenditure to the extent of Rs. 62 ,4.00/- for the period from December 1989 to March 1990 and from the financial year 1990-9 J onwards the anticipated recurring : expenditure will be to the tune of RS.I ,08,000/- per mensum [1'OIll the Consolidated Fund of Sikkim. MEMORANDUM REGARDlNG DELEGATED LFGISLATION
NlL
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PRTNTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.
· ' )., JiJiF' ,I ~! il';, ''';1 I { Arl!J'" 1,·,j·)r:.i1J ll~\i:~. I !t'JiJi ,1' ;,1 .
SIKKIM
, "
{'I::j I .?
1;1 1'1 .' r..• ~ ) :;. i 11 " ., 'I I 1 . ,~ );-): 1"": I !J 'I i • I I J I ( I GO V ERN MEN T"I.! GAZETTE
~/ EXTRAORDINARY #~
PUBLISHED BY AUTHORITY
, (.'rIIJ ,iI, ' 'Jdl 'i()I'jiJ'l{J'~(i ---,._ ....•_._._-_._-------- ---~-----
Gangtok, Tuesday, September 17, 1991
No. 144 _, • __ r~ ~. ~ ~. _
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
I""
Dated Gangtok, the 17th September, 1991. ( !"," • : ' ,I "I i J,iiNOTIFICATION The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 17th day of September, 1991, is hereby published for general information.-
THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND
MEMBERS OF THE LEGISLATIVE ASSEMBLY (SALARIES AND
ALLOWANCES) AMENDMENT, ACT, 1991.
(ACT NO. 5 OF 1991)
AN
ACT
further to amend the Sikkim Ministers. Speaker. Deputy Speaker and Mem bers of the Legislative Assembly (Salaries and Allowances) Act. 1977. Be it enacted by the Legislative Assembly of Sikkim in the Forty-second Year of the Republic of India as follows:-
Short title 1.
and commence-
ment.
Amendment of 2.
section 3.
Insertion of 3.
/Jew section
7 A.
"Telephone 7A. facilities.
(1) This Act may be called the Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Amendment Act, 1991.
'(2) It shall be deemed to have come into force with effect from the lst day of July, 1991.
In the Sikkim Ministers, Speaker. Deputy Speaker and Members of the Legislative Assembly (S~laries and Allowances) A.Sl)_l ~77"tg~!:~iDaJter referred to as thetprincipalAct), iq;~ec,tiqI?,~,'l'for sub-section (3). the following sub-section shall be substItuted. namely:-
"(3) There shall be paid to every member of the Assembly-
(a) a salary at the rate of one thousand rupees per month;
(b) a consolidated allowance at the rate of five hundred rupees per month for his travelling and other expenses necessary for at- tending the meetings of the Assembly; and
(c) a constituency allowance of one thousand rupees per month."
In the principal Act, after section 7, the following new section shall be inserted, namely:-
(I) Every Member shall be provided with a telephone at his residence
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(2) Tnthe case of a Member already having a telephone at his residence, if located within and around Gangtok the rental and official trunk call charges and local charges upto such limit as may be specified from time to time by the 'Government shall be borne by the Govern- ment for the term of his office".
• J 't. ' < .~. By Order of the Governor, B.R. Pradhan,
Secretary to the Government of Sikkim, Law Department.
(F.No. 16(11)/LDJI977J91)
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---------, PRINTED AT THE SIKKIM GOVT. PRESS, GANGTOK
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY (SALARIES AND
ALLOWANCES) ACT, 1977 (ACT NO. 4 OF 1977) AMENDED AND UPDATED UPTO SEPTEMBER, 1991