[1[Tamil Nadu] Payment of Salaries3[* * * * *] Act, 1951]*
| 1[Tamil Nadu Act No. 20 of 1951]2 | [11th September, 1951] |
An Act to provide for the salaries and allowances of Ministers, the Speaker and the Deputy Speaker, the Chairman and the Deputy Chairman, Parliamentary Secretaries 4[Leaders of the Opposition, Chief Governs it Whip, Government Whip] and Members of the Legislative Assembly and of the Legislative Council, 5[* * *].
Whereas it is expedient to provide by an Act of the Legislature for the salaries and allowances of Ministers, the Speaker and the Deputy Speaker, the Chairman and the Deputy Chairman, Parliamentary Secretaries 4[Leaders of the Opposition, Chief Government Whip, Government Whip] and members of the Legislative Assembly and of the Legislative Council;
6[* * *]
It is hereby enacted as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
3 The words "and Removal of Disqualifications" were omitted by section 3(3) of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), which was deemed to have come into force on the 1st day of April, 1964.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 25th August, 1951, Part IV-A, pages 145-147.
4 These words were inserted by section 2 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970), which was deemed to have come into force on the 1st June, 1970.
5 The wards "and for the removal of certain disqualifications" were omitted by section 3(1) of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967) which was deemed to have come into force on the 1st day of April, 1964’.
6 This paragraph was omitted by section 3(2) of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), which was deemed to have come into force on the 1st day of April, 1964.
* Received the assent of the Governor on the 10th September, 1951; first published in the Fort St. George Gazette on the 11th September, 1951.
1. Short title.- This Act may be called the 1[Tamil Nadu] Payment of Salaries 2[* * * *] Act, 1951.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 The words "and Removal of Disqualifications" were omitted by section 3(3) of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), which was deemed to have come into force on the 1st day of April, 1964.
2. Definitions.- In this Act-
(1) ‘Chairman’ and ‘Deputy Chairman’ mean the Chairman and Deputy Chairman respectively of the Legislative Council.
(2) "Speaker" and ‘Deputy Speaker’ mean the Speaker and Deputy Speaker respectively of the Legislative Assembly.
3. Salaries and allowances of Ministers.- There shall be paid to the Chief Minister and to each of the other Ministers who are members of the Governor's Council of Ministers a salary of one thousand rupees per mensem, 3[and a house rent allowance of two hundred and fifty rupees per mensem]; but the house rent allowance shall not be paid to any Minister if he occupies a house provided by the State Government free of rent.
3 These words were substituted for the words "a house rent allowance of two hundred and fifty rupees per mensem and a conveyance allowance of two hundred and fifty rupees per mensem" by section 2 of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973).
4. Salaries and allowances of the Speaker and Deputy Speaker.- (1) There shall be paid to the Speaker a salary of one thousand rupees per mensem 4[and a house rent allowance of two hundred and fifty rupees per mensem]; but the house rent allowance shall not be paid to the Speaker if he occupies a house provided by the State Government free of rent.
1[(2) There shall be paid to the Deputy Speaker a salary of seven hundred and fifty rupees per mensem and a house rent allowance of one hundred rupees per mensem; but the house rent allowance shall not be paid to the Deputy Speaker if he occupies a house provided by the state Government free of rent].
4 These words were substituted for the words "a house rent allowance of two hundred and fifty rupees per mensem and a conveyance allowance of two hundred and fifty rupees per mensem" by section 3(a) of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu 40 of 1973).
1 For original sub-section (2), the following sub-section was substituted by section 3 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970), which was deemed to have come into force on the 1st June, 1970:-
"(2) There shall be paid to the Deputy Speaker a salary of five hundred rupees per mensem, a house rent allowance of one hundred rupees per mensem and a conveyance allowance of one hundred rupees per mensem." In the said sub-section (2) as so substituted, for the words "a conveyance allowance of one hundred rupees per mensem", the words "a conveyance allowance of two hundred rupees per mensem" were substituted by section 2 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971). Again, the words "and a house rent allowance of one hundred rupees per mensem" were substituted for the words "a house rent allowance of one hundred rupees per mensem and a conveyance allowance of two hundred rupees per "mensem" by section 3(6) the Tamil Nadu Payment of Salaries (Seconnd Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973). The present sub-section (2) was substituted by section 2 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978.
5. Salaries and allowances of Chairman and Deputy Chairman.- (1) There shall be paid to the Chairman a salary of one thousand rupees per mensem, 2[and a house rent allowance of two hundred and fifty rupees per mensem]; but the house rent allowance shall not be paid to the Chair, man if he occupies a house provided by the State Government free of rent.
1[(2) There shall be paid to the Deputy Chairman as salary of seven hundred and fifty rupees per mensem and a house rent allowance of one hundred rupees per mensem; but the house rent allowance shall not be paid to the Deputy Chairman if he occupies a house provided by the State Government free of rent].
2 These words were substituted for the words "a house rent allowance of two hundred and fifty rupees per mensem and a conveyance allowance of two hundred and fifty rupees per mensem" by section 4(a) of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973).
1 For sub-section (2), the following sub-section was substituted by section 4 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970), which was deemed to have come into force on the 1st June, 1970:-
"(2) There shall be paid to the Deputy Chairman a salary of five hundred rupees per mensem, a house rent allowance of one hundred rupees per mensem and a conveyance allowance of one hundred rupees per mensem."
In the said sub-section (2) as so substituted the words "a conveyance allowance of two hundred rupees per mensem" were substituted for the words "a conveyance allowance of one hundred rupees per mensem" by section 2 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971). Again the words "and house rent allowance of one hundred rupees per mensem" were substituted for the words of a house rent allowance of one hundred rupees per mensem and a conveyance allowance of two hundred rupees per mensem" by section 4(b) of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973). The present sub-section (2) was substituted by section 3 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978.
2[6. Salaries and allowances of Parliamentary Secretaries.- (1) There shall be paid to the Chief Parliamentary Secretary, if there is one, a salary of eight hundred and fifty rupees per mensem and a house rent allowance of one hundred rupees per mensem and to each of the other Parliamentary Secretaries a salary of seven hundred and fifty rupees per mensem, and a house rent allowance of one hundred rupees per mensem; but the house rent allowance shall not be paid to the Chief Parliamentary Secretary and to the Parliamentary Secretaries, if they occupy a, house provided by the State Government free of rent.
(2) There shall also be paid to each of the Parliamentary Secretaries, including the Chief Parliamentary, Secretary a conveyance allowance of one hundred and fifty rupees per mensem].
2 This section was substituted for the original section by section (4) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978.
1[6-A. Salaries and allowances of Leaders of opposition and Government Whip.- 2(1) There shall be paid to the Leader of Opposition in the Legislative Assembly and to the Leader of the Opposition in the Legislative Council a salary of seven hundred and fifty rupees per mensem and a house rent allowance of one hundred rupees per mensem; but the house rent allowance shall not the paid to the Leader of the Opposition in the Legislative Assembly and to the ??? of the Opposition in the Legislative Council if they occupy a house provided by the State, Government free of rent:
Provided that clause (a) of sub-section (1) of section 12 shall not apply to the holders of the offices mentioned in this sub-section].
(2) There shall be paid to the Chief Government Whip in the Legislative Assembly and to the Government Whip in the Legislative Council in addition to the salary to which they are entitled under section 12 3[??? house rent allowance of one hundred rupees per mensem].
1 The original section 6-A, which was inserted by section 2 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962), was renumbered as section 6-B and this section was inserted by section 5 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970), which was deemed to have come into force on the 1st June, 1970. The words "and a house rent allowance of one hundred rupees per mensem" were substituted for the words "a house rent allowance of one hundred rupees per mensem and a conveyance allowance of one hundred rupees per mensem", in sub-section (1) by section 5(a) of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973).
2 This sub-section was substituted for the following sub-section by section 5 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978:-
"(1) There shall be paid to the Leader of the Opposition in the Legislative Assembly and to the Leader of the Opposition in the Council a salary of five hundred rupees per mensem, a house rent allowance of one hundred rupees per mensem and a conveyance allowance of one hundred rupees per mensem."
3 These words were substituted for the words "a house rent allowance of one hundred rupees per mensem and a conveyance allowance of one hundred rupees per mensem" by section 5(b) of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973).
1[6-B. Houses to be furnished and maintained at the cost of Government in certain cases.- (1) Where a Minister, 2[the Speaker, the Deputy Speaker, the Chairman, the Deputy Chairman, the Chief Parliamentary Secretary, a Parliamentary Secretary, the Leader of the Opposition in the Legislative Assembly or the Leader of the Opposition in the Legislative Council] occupies any house provided by the State Government free of rent, such house shall, at the cost of the State Government, be furnished and maintained and be provided with such amenities as may be prescribed.
Explanation.- For the purposes of this sub-section ‘maintained’ in relation to a house includes paying local rates and taxes and providing electricity and water.
(2) Where a Minister, 3[the Speaker, the Deputy Speaker, the Chairman, the Deputy Chairman, the Chief Parliamentary Secretary, a Parliamentary Secretary, the Leader of the Opposition in the Legislative Assembly, or the Leader of the opposition in the Legislative Council is paid a house rent allowance under sections 3, 4, 5, 6 or 6-A], as the case may be the house which he occupies in the City of Madras shall, at the cost of the State Government, be furnished and be provided with such amenities as may be prescribed;
Provided that such cost shall not exceed such limits as may be prescribed].
1 The original section 6-A, which was inserted by section 2 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962), was renumbered as section 6-B by section 5 of the Tamil Nadu Payment of Salaries (Amendment) ??? 1970 (Tamil Nadu Act 23 of 1970), which was deemed ??? to have come into force on the 1st June, 1970.
2 These words were substituted for the words "the Speaker or the Chairman" by section 6(i) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978.
3 This expression was substituted for the expression "the Speaker or the Chairman is paid a house rent allowance under section 3, 4 or 5" by section 6(ii) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978.
7. Conveyances to be provided for Ministers, the Speaker and the Chairman.- 1[(1)] The State Government may from time to time provide suitable conveyances for the use of the 1[Ministers, the Speaker, the Deputy Speaker, the Chairman, the Deputy Chairman, the Leader of the Opposition in the Legislative Assembly, the Leader of the Opposition in the Legislative Council, the Chief Government Whip in the Legislative Assembly and the Government Whip in the Legislative Council subject to the provisions of sub-section (2) and 2[to such rules] as may be made by the State Government regarding the maintenance and repair of, and the supply of petrol for, such conveyances].
3(2) The State Government shall meet-
(i) any liability arising with effect on and from the 3rd December, 1953 out of the use of any conveyance provided under sub-section (1) incurred to third parties by a Minister, the Speaker or the Chairman, he case may be, or any person in his employment; and
(ii) any liability arising with effect on and from the 1st June, 1970 out of the use of any conveyance provided under sub-section (1) inclined to third parties by the Deputy Speaker, the Deputy Chairman, the Leader of the Opposition in the Legislative Assembly, the Leader of the Opposition in the Legislative Council, the Chief Government Whip in the Legislative Assembly, or the Government Whip in the Legislative Council, as the case may be, or any person in his employment].
1 Section 7 was renumbered as sub-section (1) of that section and in that sub-section these words were substituted for the words "Ministers, the Speaker and the Chairman, subject to such rules" by section 6(a) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970) which was deemed to have come into force on the 1st June, 1970.
2 These words were substituted for the words "to such rules regarding their maintenance and repair as may be made by the State Government" by section 6 of the Tamil Nadu payment of Salaries (Second Amendment) Act, 1973 (Tamil Nadu Act 40 of 1973).
3 This sub-section was added by section 6(b) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970).
8. Travelling allowances of Ministers etc., on assuming and relinquishing office.- A Minister, the Speaker, the Chairman or a Parliamentary Secretary shall-
(a) in respect of the journey for assuming office, to the City of Madras, from his usual place of residence in the State, if it is outside the City, and
(b) in respect of the journey on relinquishing office, from the City of Madras to his usual place of residence in the State before he assumed office, if such place is outside the City,
be entitled to travelling allowances for himself and the members of his family and for the transport of his personal effects, at such rates and upon such conditions as may be determined by rules made by the State Government; and until such rules are made, at such rates and upon such conditions as were applicable to them immediately before the commencement of this Act.
9. Travelling and daily allowances of Ministers etc.- The holders of the offices referred to in sections 3 to 6 shall in respect of their tours, be entitled to travelling and daily allowances at such rates and upon such conditions as may be determined by rules mace by the State Government; and until such rules are made, at such rates and upon such conditions as were applicable to them immediately before the commencement of this Act.
1[9-A. Salaries and allowances of Deputy Speaker or Member of Legislative Assembly while performing duties of Speaker.- Notwithstanding anything contained in this Act, while the office of Speaker is vacant and the duties of the office are performed by the Deputy Speaker or a Member of the Legislative Assembly as provided in clause (1) of Article 180 of the Constitution, the Deputy Speaker or the Member shall, during the period he so performs such duties, be paid salary and allowances and be entitled to the use of a house free of rent and a suitable conveyance 2[and to free accommodation in hospitals and free medical treatment] in the same manner, to the same extent and subject to the same conditions as the Speaker is paid or entitled to 1[under 2[sections 4, 6-B, 7, 8, 9 and 10] and the rules made thereunder]:
Provided that, during the period Aforesaid, the Deputy Speaker or the Member shall not be entitled to the salary and allowances 3[including free accommodation in hospitals and free medical treatment] attached to the office of Deputy Speaker or Member of the Legislative Assembly, as the case may be.
1 This section was inserted by section 2 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1961 (Tamil Nadu Act 34 of 1961) which was deemed to have come into force on the 3rd August, 1961.
2 These words were inserted by section 2(i) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into forces on the 1st April, 1964.
1 The words, figures and letter "under sections 4, 6-A, 7 and 8" were substituted for the words and figures "under sections 4, 7 and 8" by section 3 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962); and the words, figures and letter "under sections 4, 6-A, 7, 8, 9 and 10 and the rules made thereunder" were substituted for the words, figures and letter "under sections 4, 6-A, 7 and 8 and the rules made under section 9" by section 2(ii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
2 These words, figures and letter were substituted for the Words, figures and letter "sections 4, 6-A, 7, 8, 9 and 10" by section 7 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970).
3 These brackets and words were inserted by sect on 2(iii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
4[9-B. Salaries and allowances of Deputy Chairman or Member of Legislative Council while performing duties of Chairman.- Notwithstanding anything contained in this Act, while the office of the Chairman is vacant and the duties of the office are performed by the Deputy Chairman or a Member of the Legislative Council as provided in clause (1) of Article 184 of the Constitution, the Deputy Chairman or the Member shall, during the period so performs such duties be paid salary and allowances and be entitled to the use of a house free of rent and a suitable conveyance 5[and to free accommodation in hospitals and free medical treatment] in the same mannar, to the same extent and subject to the same conditions as the Chairman is paid or entitled to 1[under 2(sections 5, 6-B, 7, 8, 9 and 10) and the rules made thereunder]:
Provided that, during the period aforesaid the Deputy Chairman or the Member shall not be entitled to the salary and allowances 3[(including free accommodation in hospitals and free medical treatment)] attached to the office of the Deputy Chairman or Member of the Legislative Council, as the case may be].
4 This section was inserted by section 4 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962).
5 These words were inserted by section 3(i) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964) which came into force on the 1st April, 1964.
1 The words, figures and letter "under sections 5, 6-A, 7, 8, 9 and 10 and the rules made thereunder" were substituted for the words figures and letter "under sections 5, 6-A, 7 and 8 and the rules made under section 9" by section 3(ii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
2 These words, figures and letter were substituted for the words, figures and letter "sections 5, 6-A, 7, 8, 9 and 10" by section 8 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970).
3 These brackets and words were inserted by section 3(iii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
10. 4[Minister, 5(Speaker, Deputy Speaker Chairman or Deputy Chairman) and his family] to be entitled to free accommodation in State hospitals and to free medical treatment.- Subject to such conditions as may be determined by rules made by the State Government, 6[a Minister 7(the Speaker, Deputy Speaker, Chairman or Deputy Chair man) shall, ??? himself and the members of his family, be entitled] free of charge, to accommodation in hospitals maintained by the State Government? and also to medical treatment.
4 These words were substituted for the words "Ministers and their families" by section 5(i) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962).
5 These words were substituted for the words "Speaker or Chairman" by section 4(i) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
6 These words were substituted for the words "a Minister and the members of his family shall be entitled" by section 5(ii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 Tamil Nadu Act 13 of 1962).
7 These words were substituted for the words "the Speaker or the Chairman" by section 4(ii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
11. [Omitted]- 1[* * *]
1 This section was omitted by section 3(4) of the Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 (Tamil Nadu Act 3 of 1967), which was deemed to have come into force on the 1st April, 1964.
12. Salaries and allowances of members of the Legislative Assembly and Legislative Council.- (1) Every member of the Legislative Assembly or of the Legislative Council who does not held any of the offices referred to in sections 3 to 6 shall be entitled to receive-
(a) a salary of 2[two hundred and fifty rupees] per mensem, and
[(b) travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government and until such rules are made, at such rates and upon such conditions as were applicable to the members of the Legislative Assembly or of the Legislative Council, as the case may be, immediately before the commencement of this Act.
3[(1-A) Every member of the Legislative Assembly or of the Legislative Council, who does not hold any of the offices referred to in sections 3 to 6 and in sub-section (1) of section 6-A shall be entitled to receive a compensatory allowance of 4[three hundred and fifty rupees per mensem.]]
(2) The salary referred to in clause (a) of sub-section 1 1[the compensatory allowance referred to in sub-section (1-A) and ??? allowance referred to in sub-section shall accrue to a member from the date on which he is declared duly declared, or in the case of a member nominate ??? by the Governor to fill a seat in 2[the Legislative Assembly or] the Legislative Council, from the date on which he is so nominated, or, if such declaration or nomination is made before the vacancy occurs, from the date of occurrence of the vacancy:
Provided that the salary 3[the compensator by allowance and the telephone allowance] shall not be paid until the member has made and subscribed the ??? affirmation referred to in Article 188 of the Constitution.
4(2-A) 5[Where, on or after the 1st January, 1967, any member] of the Legislative Assembly or of the Legislative Council dies before the expiry of the term of his office, his family shall be paid an allowance of one hundred rupees per mensem for the unexpired portion of the term of office of the said deceased member.
(2-B) The allowance payable under sub-section (2-A) shall be paid to the members of the family in equal shares.
Explanation.- The expression ‘family’ means the wife or husband of the deceased member and his or her minor sons, unmarried daughters and parents].
1[(3) Every member referred to in sub-section fl).shall, subject to such conditions as may be determined by rules made by the State Government, be entitled to hostel accommodation:
Provided that the charge for such accommodation shall in no case exceed three rupees per day.
(4) Every member referred to in sub-section (1) shall, subject to such conditions and during such period as may be determined by rules made by the State Government, be entitled, free of charge, to accommodation in hospitals maintained by the State Government and also to medical treatment].
2[(4A)(a) Every member referred to in sub-section (1) shall be provided with one free non-transferable pass which shall entitle him to travel at any time in any part of the State of Tamil Nadu by any bus run and operated 3[by any Transport Corporation owned by the State Government].
(b) The pass referred to in clause (a) shall be issued, by such authority and insuch manner as may be prescribed and shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary, Legislative Assembly Department or Secretary Legislative Council Department, as the case may be;
Provided that where any such pass is issued to a new member before he takes his seat in the Legislative Assembly or the Legislative Council, as the case may be, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.
(c) Nothing in this sub-section shall be construed as disentitling a member of the Legislative Assembly or the Legislative Council to any travelling allowance to which he is otherwise entitled under the provisions of this Act.
1[* * *]
2[(4-B) Every member of the Legislative Assembly [or of the Legislative Council, who does not hold any of the offices referred to in sections 3 to 6-A, shall be entitled to receive telephone allowance of 3[one hundred and fifty rupees per mensem], irrespective of the fact whether he has any telephone or not].
1[5) The salary referred to in clause (a) of sub-section (1) 2[the compensatory allowance referred to in sub-section (1-A) and the telephone allowance referred to in sub-section (4-B)] shall not be taken into account for the purpose of calculating the total income of a member under any rule or order relating to medical treatment in hospitals maintained by the State Government or to the grant of educational concession or scholarship or to such other matters as may be prescribed].
2 These words were substituted for the words "one hundred and fifty rupees" by section 5(i) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964.
3 This sub-section was inserted by section 3(1) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971) which was deemed to have come into force on the 1st October, 1971.
4 These words were substituted by section 7(i) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978, for the wolds "two hundred rupees per mensem" Which were earlier substituted for the words "one hundred rupees per mensem" by section 2(i) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1974 (Tamil Nadu Act 43 of 1974), which was led to have come into force on the 1st March, 1974.
1 This expression was substituted by section 2(i)(a) of the Tamil-Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975), which was deemed to have come into force on the 1st April, 1975 for the expression "and the compensatory allowance, referred to in sub-section (1-A)", which was earlier inserted by section 3(2)(a) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971), which was deemed to have come into force on the 1st October, 1971.
2 These words were inserted by section 2 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) A Act, 1952 (Tamil Nadu Act VIII of 1952), which was deemed to have come into force on the 21st April, 1952.
3 This expression was substituted by section 2(i)(b) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Acts 35 of 1975) which was deemed to have come into force on the 12st April, 1975, for the expression "and the compensatory allowance" which was earlier inserted by section 3(2)(b) of the Tamil Nadu, Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971), which was deemed to have come into force on the 1st October, 1971.
4 These sub-sections were inserted by section 9 of the Tamil Nadu Payment of Salaries (Amendment Act, 1970 (Tamil Nadu Act 23 of 1970).
5 This expression was substituted for the espressos ???.
1 These sub-sections were added by section 6 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962).
2 This sub-section was inserted by section 2 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1973 (Tamil Nadu Act 28 of 1973), which was deemed to have come into force on the 3rd June, 1971.
3 These words were substituted for the words "by the Stat Transport Department or by any Transport Corporation" by section 7(ii)(a) of the Tamil Nadu Payment of Salaries (Amendment) Acn 1979 (Tamil Nadu Act 24 of 1979), which was deemed to he come into force on the 1st October, 1975.
1 Sub-section (4-A), which was inserted by section 2 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1973 (Tamil Nadu Act 23 of 1973), which was deemed to have come into force on the 3rd June, 1971 had the following explanation thereunder:-
"Explanation.- In this sub-section, "Transport Corporation" means, the Pallavan Transport Corporation, the Pandyan Roadways Corporation, the Cholan Roadways Corporation, the Cheran Transport Corporation or the Arignar Anna Pokkuvarathu Kazhagam as the case may be."
In the said Explanation, for the words "Pallava" and "or the Arignar Anna Pokkuvarathu Kazhagam" the words "Pallavan" and "the Arignar Anna Pokkuvaathu Kazhagam or the Kattabomman Transport Corporat on" were substituted respectively by section 2(ii) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1974 (Tamil Nadu Act 43 of 1974), which was deemed to have come into force on the 18th October, 1973. The said explanation itself was however, omitted by section 700(6) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st October, 1975.
2 This sub-section was inserted by section 2(ii) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975), which was deemed to have come into force on the 1st April, 1975.
3 These words were substituted for the words "one hundred rupees per mensem" by section 7(iii) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979) which was deemed to have come into force on the 1st April, 1978.
1 For the following sub-section (5) which was added by section 6 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962) this sub-section was substituted by section 5(ii) of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1964 (Tamil Nadu Act 6 of 1964), which came into force on the 1st April, 1964:-
"(5) The salary referred to in clause (a) of sub-section (1) shall not be taken into account for the purpose of calculating the total income of a member under any rule of order relating to grant of educational concession or scholarship or to such other matters as may be specified by rules made by the State Government."
2 This expression was substituted by section 2(iii) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975) which was deemed to have come into force on the 1st April, 1975 for the expression "and the compensatory allowance referred to in sub-section (1-A)", which was earlier inserted by section 3(4) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971).
3[12-A. Free transit by railway.- (1) Every member of the Legislative Assembly or of the Legislative Council, who does not hold any of the offices referred to in sections 3 to 6, 4[shall, for every financial year, be provided with railway coupons for a value of the two thousand rupees which shall, subject to such rules as may be made by the State Government in this behalf, entitle such member to travel either singly or with his or her spouse or any other relative is one or more journeys by any class by any railway in India].
(2) Nothing in this section shall be construed as disentitling a member of the Legislative Assembly or of the Legislative Councils any travelling allowance to which he is otherwise entitled under the provisions of this Act].
3 This section was inserted by section 3 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975).
4 These words were substituted for the words "shall be provided with railway coupons which shall, subject to such rules as may be made by the State Government in this behalf, entitle such member to travel by first class by any railway in India for a distance of ten thousand kilometres in the aggregate during a financial year" by section 8 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st June, 1978.
112-B. Pension.- There shall be paid a pension of two hundred and fifty rupees per mensem to every person who after the 1st day of March, 1952, had been or is a member of the Legislative Assembly or of the Legislative Council for an aggregate period of not less than-
(i) ten years as member of the Legislative Assembly, or
(ii) twelve years as member of the Legislative Councilor, or
(iii) ten years both as member of the Legislative Assembly and the Legislative Council.
The State Government may make rules providing for the conditions and restrictions subject to which such pension may be granted:
Provided that no such pension shall be paid to any person for the period during which such person was is in receipt of any salary either from any State or the Central Government or from any Corporation owned or controlled by any State or the Central Government and if any such income was or is received the payment of pension shall bi suspended for that period.
Explanation I.- For the purpose of computing the said aggregate period of ten years or twelve years, the period of membership in the Legislative Assembly or in the Legislative Council or in both, need not be continuous.
Explanation II.- If the Legislative Assembly is dissolved before the expiration of the period of five years, for the purpose of computing the period as member of the legislative Assembly the period commencing with the date of the constitution of the Legislative Assembly after the general election and ending with the date of dissolution, shall be deemed to be five years.
Explanation-III-Forthe purposes of this section, salary includes salary received under this Act and salary received as-
(i) a member of the Parliament or any other State Legislature,
(ii) a Minister or Deputy Minister of the Government of India or of any other State,
(iii) the Chairman or Deputy Chairman of the Council of States, or the Legislative Council of any other State,
(iv) the Speaker or Deputy Speaker of the House of the People, or of the Legislative Assembly of any other State].
1 This section was inserted by section 2 of the Tamil Nadu Payment of Salaries (Second Amendment) Act, 1975 (Tamil Nadu Act 52 of 1975).
1[13. Relinquishment of salaries and allowances and cancellation thereof.- (1) Any person entitled to any salary or allowance under this Act may, at any time during the term of his respective office, relinquish the whole or any portion of such salary or allowance payable to him.
(2) Any relinquishment made by any person under sub-section (1) may be cancelled by him.
(3) Every relinquishment or cancellation made under sub-section (1) or sub-section (2) shall be made in writing and shall take effect on the date specified therein].
1 In sub-section (1) of original section 13 the following clauses were inserted by section 10 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970):-
"(bb) in the case of the Leader of the Opposition in the Legislative Assembly or the Leader of the Opposition in the Legislative Council, within one month from the date on which he is chosen for the office;
(bbb) in the case of the Chief Government Whip in the Legislative Assembly or the Government Whip in the Legislative Council within one month from the date on which he enters upon office as such;
The following sub-section (2) was substituted for the original sub-section (2) by section 4 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act 45 of 1971), which was deemed to have come into force on the 15th March, 1971:-
"(2) Any ??? by any person referred to in sub-section (1) in respect of the whole or any portion of the salary or allowance payable to him may be cancelled by him." The present section 13 was substituted for section 13 as so amended by section 9 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act 24 of 1979), which was deemed to have come into force on the 1st April, 1978.
14. Power of State Government to make rules.- (1) The State Government may make rules for carrying out the purposes of this Act.
1[(2) All rules made under this Act shall be published in the 2[Tamil Nadu Government Gctzette] and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(3) Every rule made this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule].
3[(4) A rule may be made under sub-section (1) so as to have retrospective effect on and from a date not earlier thin the 4[(1st November, 1967)].
1 These sub-sections were substituted for original sub-section (2) by section 7 of the Tamil Nadu Payment of Salaries and Removal of Disqualifications (Amendment) Act, 1962 (Tamil Nadu Act 13 of 1962).
2 These words were substituted for the words and letters "Fort St. George Gazette" by section 11(1) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970).
3 This sub-section was added by section 11(2) of the Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970).
4 These figures, letters and word were substituted for the figures letters and word or 25th April, 1969 by section 4 of the Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975).
15. Saving.- Nothing in this Act shall prevent a retired Government servant from drawing his pension in addition to any salary or allowance to which he may be entitled under this Act.
16. Regularization of certain charges and payments.- (1) All charges incurred up to the commencement of this Act (whether or after the commencement of the Constitution) in respect of the accommodation provided in any hospital maintained by the State Government for or on the medical treatment of, any Minister or an member of his family shall be deemed to have been properly incurred.
(2) All payments made on or after the 26th day of January, 1950 and up to the commencement of this Act by way of travelling or daily allowance to the Speaker and the Chairman shall be deemed to have been properly made.
17. Repeal of Madras Act IX of 1937.- The Madras Payment of Salaries and Removal of Disqualifications Act, 1937 (???), is hereby repealed.