(a) This Act may be called the 3[Salaries] Allowances 4[and Pension] of Members of the Legislative Assembly (Tripura) Act, 1972.

(b) It shall be deemed to have come into force on the twentieth day of March, 1972.

In this Act, unless the context otherwise requires

(a) Assembly means the Legislative Assembly, Tripura;

(b) committee means a committee of the Assembly;

(c) Controlling Officer means the Secretary to the Assembly or any other officer as may be appointed by the State Government to exercise the powers and functions of the Controlling Officer;

(d) day means a period of twenty four hours beginning at midnight;

(e) Form means a form appended to the Second Schedule;

(f) member means a member of the Assembly, but save as other wise expressly provided in this Act, does not include

(i) a Minister as defined in the Salaries and Allowances of Ministers (Tripura) Act, 1972, and

(ii) the Speaker and the Deputy Speaker as defined in the Salaries and Allowances of the Speaker and the Deputy Speaker of the Legislative Assembly (Tripura) Act, 1972.

(g) period of residence on duty means the period during which a member resides at a place where a session of the Assembly or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of amending such session or sitting or for the purpose of attending such other business and includes, except in the case of a member who ordinarily resides at the place where a session of the Assembly or a sitting of the committee is held or where any other business connected with his duties as such member is transacted

(i) in the case of a session of the Assembly, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence not exceeding three days immediately succeeding the date on which the session of the Assembly is adjourned sine the or for a period exceeding seven days: and

(ii) in the case of a sitting of a committee or any other business a period of such residence not exceeding two days, immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two-days, immediately succeeding the conclusion of the business of the committee or other business;

(h) Schedule means a Schedule appended to this Act;

5[(i) term of office in relation to a member means

(a) where such member is a member of the Assembly elected in a general election held for the purpose of constituting a new Assembly, the period beginning with the date of publication of the notification of the Election Commission under section 73 of the Representation of the People Act, 1951; or

(b) where such member is a member of the Assembly elected in a bye-election to that Assembly or a member nominated to the Assembly, the period beginning with the date of his election referred to in section 67A of the said Act or, as the case may be, the date of nomination;

and ending with, in each such case, the date on which his seat becomes vacant.]

(j) usual place of residence in relation to a member means the place where the member personally resides or works for gain within the State of Tripura.

6[(k) year means financial years commencing on and from 1st April of the year.]

(1) A member, not being the Leader of the Opposition and the Government Chief Whip, shall be entitled to receive salary at the rate of 7[rupees three thousand and five hundred] per month during the whole of his term of office and a daily allowance at the rates specified below for each day during any period of residence on duty

8[(a) Rs. 150/- inside the State of Tripura.

(b) Rs. 200/- outside the State of Tripura.]

Explanation. Daily allowance shall be admissible to a member for each day during any period of residence on duty irrespective of the time of arrival or departure.

(2) A member who is the Leader of the Opposition shall be paid salary and allowances as specified below:

(a) Salary 9[Rs. 4500/- per month.

(b) Free residential accommodation at Agartala, if available or at his option house rent allowance at the rate of Rs. 10[800/- per month, whether or not he owns a house at Agartala.

(c) Daily allowance at the rate specified in sub-section (1) only for the period of residence on duty outside Agartala.

(d) Sumptuary Allowance of 11[Rs. 1000/- per month.]

Explanation I. Leader of the Opposition means that member of the Tripura Legislative Assembly who is for the time being the Leader in the State Assembly of the Party in opposition to the State Government having the greatest numerical strength in the said Assembly.

Explanation II. If any doubt arises as to which is or was at the material time the party in opposition to the State Government having the greatest numerical strength in the Tripura Legislative Assembly, or as to who is or was at any material time the Leader in the Assembly of such a party, the question shall be decided, for the purposes of this act, by the Speaker of the said Assembly and his decision, certified in writing under his hand, shall be final and conclusive.

(3) A member who is the Government Chief Whip shall be paid salary and allowances as specified below:

(a) Salary 12[Rs. 4500/- per month.]

(b) Free residential accommodation at Agartala if available or at his option House Rent Allowance at the rate Rs. 800/- per month, whether or not he owns a house at Agartala.

(c) Daily Allowance at the rate specified in sub-section (1) only for the period of residence on duty outside Agartala.

13[(d) Sumptuary Allowance Rs. 800/- per month.]

14[3-A. Pension. (1) There shall be paid a pension of 15[two thousand and five hundred rupees] per mensem to every person who has served for a period of not less than 16[four years] whether Continuous or not

(a) as a member of the Assembly; or

(b) as a member of the territorial council; or

(c) partly as a member of the Assembly and partly as a member of the territorial council:

17[Provided that where any person has served as aforesaid for a period exceeding five years there shall be paid to him an additional pension of one hundred per mensem for every year in excess of five years, so, however, that in no case the pension payable to such person shall exceed three thousand rupees per mensem.]

(2) Where any person entitled to pension under sub-section (1)

(i) is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union Territory; or,

(ii) becomes a Member of the Council of States or the House of the People or any Legislative Assembly of a State or Union Territory or any Legislative Council of a State or the Metropoliton Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966, or

(iii) is employed on a salary under the Central Government or any State Government, or any Corporation owned or controlled by the Central Government or any State Government, or any local authority or becomes other wise entitled to any remuneration from such Government, Corporation or local authority, such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration:

Provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remuneration referred to in clause (iii) payable to such person, is in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section.

(3) Where any person entitled to pension under sub-section (1) is also entitled to any pension from the Central Government or any State Government, or any Corporation owned or controlled by the Central Government or any State Government, or any local authority, under any law or otherwise, then

(a) where the amount of pension to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be entitled to any pension under that sub-section; and

(b) where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub-section (1), such person shall be entitled to pension under that sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section.

(4) In computing the number of years, for the purposes of sub-section (1), the period during which a person has served as a Minister as defined in the Salaries and Allowances of Ministers (Tripura) Act, 1972 or the Speaker or the Deputy Speaker of the Assembly or the Chairman of the territorial council, by virtue of his membership in the Assembly or in the territorial council shall also be taken into account.

(5) For the purpose of claiming any pension under this section a person shall furnish certificates in such Form as may be prescribed.

18[Provide that any pension (whether known as Swatantrata Sainik Samman Pension or by any other name) received by such person as a freedom lighter shall not be taken into account for the purposes of the sub-section and such person shall be entitled to receive such pension in addition to the pension to which he is entitled under sub-section (1).]

193-B. Family Pension. Where any person entitled to pension under sub-section (1) of section 3A dies, there shall be paid a Family Pension at the rate of rupees 20[one thousand] per month to his or her legal heirs subject to such conditions as may be prescribed by rules made under this Act.]

A member other than the Leader of the Opposition and the Government Chief Whip shall be entitled to a conveyance allowance of rupees one thousand per month in addition to the salaries and allowances specified under section 3.

21[4-A. A member (other than the Leader of the Opposition and the Government Chief Whip) shall be entitled to a postal allowance of rupees one hundred per month in addition to the salaries and allowance specified under section 3.]

22[4-B. A member (other than the Leader of the Opposition and the Government Chief Whip) shall be entitled to a constituency allowance of rupees one thousand per month in addition to the salaries and allowance specified under section 3.]

23[4-C. A member (other than the Leader of the Opposition and the Government Chief Whip) shall be entitled to a telephone allowance of rupees five hundred per month in addition to the salaries and allowance specified under section 3.]

(1) There shall be paid as travelling allowance to each member in respect of every journey performed by him for the purpose of attending a session of the Assembly or a sitting of a committee or for the purpose of attending to tiny other business connected with his duties as a member, from his usual place of residence to the place where the session or the sitting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence such amount as would be admissible in respect of journey on tour to a first grade officer serving in connection with the State of Tripura.

24[Provided that a member shall be entitled to road mileage at the rate of 25[Rs. 3/-] per kilometer as admissible to first grade officer serving in connection with the State of Tripura.]

(2) Notwithstanding any thing contained in sub-section (1), a member who performs a journey by road between places connected by rail or steamer, either wholly or in part, may draw the road mileage at the rates referred to in sub-section (1) in place of the traveliing allowance which would have been admissible to him, if he had travelled by rail or steamer, as the case may be:

Provided that the total amount of travelling allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him had he performed the journey by rail or steamer, as the case may be.

Where a member absents himself for less than seven days during a session of the Assembly or a sitting of a committee for visiting any place in the State of Tripura, he shall be entitled to receive travelling allowance in respect of such journey to such place and for the return journey under section 5:

Provided that such travelling allowance shall not exceed the total amount of daily allowance which would have been admissible to such member under section 3 for the days of absence if he had not remained so absent.

7. Allowance during short intervals between the termination of one session and commencement of another session etc. Where the interval between the adjournment of the Assembly or, as the case may be, one sitting of a committee and the re-assembly of that Assembly or the next sitting of the committee at the same place does not exceed three days and the member concerned elects to remain at such place during the interval he shall be entitled to draw for each day of residence at such place a daily allowance at the rate specified in section 3:

26[7-A. A member shall be entitled to reimbursement of travelling expenses incurred for

(a) air journey from Agartala to Calcutta/Guwahati and back; and

(b) first class or AC two tier train fare for 5,000 kilometers for himself, one dependent child and a companion once in a year.]

Provided that if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of the Assembly or a sitting of the committee, as the case may be, and the provision of section 6 shall apply accordingly.

A member 27[and the members of his family who are residing with and dependent on him] shall be entitled free of charge to accommodation in hospitals maintained by the Government and to medical treatment in accordance with Medical Attendance Rules, as amended from time to time, applicable to Class I Officers serving in connection with the State of Tripura.

28[Explanation. For the purposes of this section, the expression members of his family shall mean the husband, wife, son, daughter, father, mother, brother or sister.]

29[8-A. Amenities to Leader of the Opposition. Leader of the opposition shall be entitled to telephone, secretarial and other facilities as are provided to a Minister (other then the Chief Minister, Minister of State and Deputy Minister) under Salaries and Allowances of Minister (Tripura) Act, 1972 and rules made thereunder.]

30[8-B. Application or provisions relating to Ministers to Leader or the Opposition. The provisions of section 6 of the Salaries and Allowances of Ministers (Tripura) Act, 1972 relating to conveyance allowance and motor car shall apply in relation to the Leader of the Opposition in the Tripura Legislative Assembly as they apply in relation to a Minister.]

31[8-C. Application of provisions relating to Ministers to Government Chief Whip. The provisions of section 6 of the Salaries and Allowances of Ministers (Tripura) Act, 1972 relating to conveyance allowance and motor car shall apply in relation to the member who is the Government Chief Whip as they apply in relation to a Minister.]

32[8-D. Amenities to Government Chief Whip. The member who is the Government Chief Whip shall be entitled to telephone facilities as may be prescribed by rules made under this Act.]

33[8-E. An ex-member and his/her spouse shall be entitled to medical treatment in accordance with medical Attendance Rules as amended from time to time, applicable to Group A officers serving in connection with the State of Tripura.]

34[8-F. Every member shall be entitled to 2000 letter heads and 1000 envelopes free of cost in every year from the Assembly Secretariat.]

In the special circumstances specified in the First Schedule, this Act shall apply subject to the provisions of that Schedule.

9-A. Advance to members for construction or residential building or purchasing a ready build house. 35[(1) There shall be paid to a Member (which expression shall include the Chief Minister, other Ministers, the Speaker and the Deputy Speaker) by way of a repayable advance such sum of money not exceeding Rs. 3 (three)

(2) The amount of advance shall carry simple interest at the rate of five percent per annum.

(3) Other terms and conditions of advance shall be such as may be prescribed.]

lacs for construction of residential building including purchase of land or purchasing ready-built house.]

The provisions of the Second Schedule shall apply in respect of claims for salary and allowances.

A member shall be entitled to such housing facilities as may be prescribed by rules made under this Act.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid the Assembly makes any modification in the rule or decides that the rule shall 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) Nothing in this section shall debar the State Government from making any rule with retrospective effect.

The Salaries and Allowances of Members of the Legislative Assembly (Tripura) Act, 1964, is hereby repealed.

1. Admissibility of travelling allowance where a member is provided with free transport for the whole or any part of the journey

No travelling allowance under section 5 of this Act shall be admissible to a member in respect of any journey or part thereof performed by him in a conveyance provided at the expenses of Government or a local fund, but he shall be entitled to draw allowance at the rate of 36[rupees ten] only per diem where the duration of such journey lasts for not less than six hours on any day:

Provided that the provisions of this paragraph shall not apply to the journey performed on any railway.

Note-The amount of rupees three is granted to the member to cover his incidental expenses during such journey or part thereof and is in lieu of the extra road mileage when he performs the journey by a conveyance supplied without charge. This allowance is not alternative to the 37[daily allowance as admissible under section 3 of this Act], which is allowed to him where admissible for each day during any period of residence on duty.

2. Admissibility of travelling allowance where the place, from which a member performs his journey or to which he returns, is not his usual place of residence:

(1) Where a member performs a journey for the purpose of attending a session of the Assembly or a sitting of a committee or for the purpose of attending to any other business connected with his duties as a member from a place other than his usual place of residence or returns such a place he may draw travelling allowance for the actual journey performed or the journey from or to his usual place of residence whatever is less.

(2) Where during a session of the Assembly or a sitting of a committee, a member performs a journey from the place where such session or sitting is held to any other place for the purpose of attending to any business connected with his duties as a member, he shall be entitled to receive

(a) travelling allowance in respect of such journey to such other place and return journey at the rates specified in section 5 of this Act, and

(b) daily allowance for each day during any period of a residence on duty at the other place at the rates specified in section 3 of this Act.

3. Regulation of the payment of daily and travelling allowances under this Act.

(1) Notwithstanding that a member has not taken his seat in the Assembly to which he is elected or nominated, he shall be entitled to receive travelling allowances for the journey performed by him for the purpose of taking his seat in the Assembly.

(2) For absence for a period of seven days or more during a session of the Assembly or a sitting of committee for visiting any place in the State of Tripura, no travelling or daily allowance shall be admissible. The period of absence of a member shall be reckoned in terms of days beginning and ending at midnight.

Explanation. If a member comes back on the seventh day whether in the forenoon or in the afternoon his absence shall be treated as being less than seven days.

(3) The term during a session or a sitting of a committee occurring in section 6 of this Act and in sub-paragraph (2) of this paragraph does not include the period of three days immediately preceding the commencement of and three days immediately succeeding the end of the session or two days immediately preceding the commencement of the business, and two days immediately succeeding the conclusion of the business of the committee.

(4) If a member leaves the place where the session of the Assembly or a sitting of a committee is held before the commencement of the interval between the adjournment of the session or the silting of the committee sine the and the commencement of another session or sitting, such interval not exceeding a period of three days, his absence from that place shall be treated as intermediate absence during a session of the Assembly or a sitting of a committee, as the case may be, and the provisions of section 6 of this Act shall apply accordingly.

(5) Travelling allowance for a return journey to usual place of residence shall be admissible to a member who leaves the place of session of the Assembly or a sitting of a committee during the continuance of such session or sitting and return to the place of session or silting within three days after the conclusion of the business of the session or the silting, as the case may be, before finally returning to his usual place of residence.

(6) All cases regarding the admissibility of travelling allowances to a member who arrives at the place where a session of the Assembly or a sitting of a committee is held without knowledge of the postponement of the session or the sitting including cases of such members who arrive after the session or a sitting is adjourned suddenly shall be determined by the Speaker of the Assembly having regard to the circumstances of such case.

(7) Where a member is provided with free board and lodging at the expense of the Government or a Local Fund, he shall be entitled to receive only one-half of the daily allowance admissible to him under section 3 of this Act. If only boarding or lodging is allowed free to the member, he shall be entitled to receive three-fourths of the daily allowance admissible to him under that section.

Procedural provision

(1) Every member shall, as soon as possible after he is elected or nominated, declare his usual place of residence to the Controlling Officer and any subsequent change in the usual place of residence so declared shall be notified to the Controlling Officer in Form A .

(2) A member who claims any travelling or other allowances under this Act shall support his claim by a certificate in the following form, namely:

Certified that no travelling allowance in respect of the journey or daily allowance for the period mentioned in this bill has been or will be claimed from any other official source,

(3) Where no part of the journey is performed by a conveyance provided at the expense of the Government or a Local Fund, the following certificate shall be furnished namely:

Certified that I have not performed any part of the journey by a conveyance provided at the expense of the Government or a Local Fund.

(4) After completing each final return-journey on termination of a session of the Assembly or a sitting of a committee or any other business connected with his duties as a member, a member shall furnish a certificate in Form B .

(5) Ordinarily, any non-Government dues outstanding against a member shall not be recovered from his salaries and allowances but where such dues are on account of certain services rendered to him in the course of his duty as a member, such as when he is on tour with a committee, and the arrangement for such services have been made by or at the instance of semi-Government Institutions or private parties at the request of officers of the Assembly, and where such member, in spite of repeated requests, has failed to make payment of such dues, recovery thereof may be effected from the travelling or daily allowance bills of such member.

1. My usual place of residence is .

I have changed my usual place of residence from to with effect from due to

(here state the reason)

I may henceforward be allowed travelling allowances from

Signature

Constituency No.

Date

(The certificate may kindly be filled in, signed and returned to the Secretary, Legislative Assembly, as soon as possible, after the completion of the return journey.)

1. Certified that I performed the return journey under section 5 of the Salaries and Allowances of Members of the Legislative Assembly (Tripura) Act, 1972, leaving on the (date) , I arrived at (place) (date) on the

2. Certified that I have not performed any part of journey (other than the railway journey) by a conveyance provided at the expense of the Government or a Local Fund

383. Certified that I actually travelled by Air from to by Flight No. (place) Payment of the Supplementary Bill is required at (Station) Station

(Member of the Legislative Assembly)

Dated the Constituency No.

1. Inserted by The Salaries, Allowances unit Pension of Members of the Legislative Assembly (Tripura) (Second Amendment) Act, 1972, w.e.f. 1.4.1988.

2. Inserted, ibid.

3. Inserted, ibid.

4. Inserted, ibid.

5. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Tripura) (Seventh Amendment) Act, 1989, w.e.f. 1.4.1988.

6. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

7. Substituted ibid.

8. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Thirteenth Amendment) Act, 1999, w.e.f. 1.3.1999.

9. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

10. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Seventh Amendment) Act, w.e.f. 1.4.1988.

11. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Thirteenth Amendment) Act, 1999 w.e.f. 1.3.1999.

12. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

13. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Eighth Amendment) Act, 1989, w.e.f. 1.4.1988.

14. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Second Amendment) Act, 1976, (Act No. 15 of 1976).

15. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

16. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Third Amendment) Act, 1983, w.e.f. 1.4.1983.

17. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

18. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Third Amendment) Act, 1983, w.e.f. 1.4.1983.

19. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Seventh Amendment) Act, 1989, w.e.f. 1.4.1983.

20. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Twelfth Amendment) Act, 1998, w.e.f. 1.8.1998.

21. Inserted ibid.

22. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Thirteenth Amendment) Act, 1999, w.e.f. 1.1.1999.

23. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

24. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Twelfth Amendment) Act, 1998, w.e.f. 1.8.1998.

25. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

26. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Fifteenth Amendment) Act, 2000, w.e.f. 4.11.2000.

27. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly Amendment Act, (9 of 1975) w.e.f. 2.1.1976.

28. Inserted, ibid.

29. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly Amendment Act, 2000, w.e.f. 25.8.2000.

30. Inserted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Seventh Amendment) Act, 1989, w.e.f. 1.4.1988.

31. Inserted ibid.

32. Inserted ibid.

33. Inserted by Thu Salaries, Allowances and Pension of Members of the Legislative Assembly (Twelfth Amendment) Act, 1998, w.e.f. 1.8.1998.

34. Inserted ibid.

35. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Sixteenth Amendment) Act, 2001, w.e.f. 11.4.2001.

36. Substituted by The Salaries, Allowances and Pension of Members of the Legislative Assembly (Seventh Amendment) Act, 1989, w.e.f. 1988.

37. Substituted ibid.

38. Strike out if not applicable.