Uttar Pradesh act 8 of 1997 : The UTTAR PRADESH MINISTERS AND STATE LEGISLATURE OFFICERS AND MEMBERS AMENITIES LAWS (AMENDMENT) ACT1997

Department
  • Department of Parliamentary Affairs
Enforcement Date

8 May 2018

aivt 4'41 vElltlitsi iThZ, 5;11Ta*, 1997 •

No. 1117 (2)/XVIIV-1--1(KA)-16-1997 Dated LuckribW; August 2, 1997

pursuanceIs of the _provisions Of clause (3) of Article )48. Of. the Constitution of India, the Cc-Verner is pie 2s-eo to Order th0pu hlicatie401- t he folloWing- English translation of the Uttar Pradesh mantriAur Rajya Vidharr-Mandal.Adhikari Aur Sadasya Sukh-Stividha Vidhi (Sanshodhan) Adhiniyam, 1997 (Uttar Pradesh Ad hi niyam Sankhya 8 of 1997) as passed by the Uttar Pradesh Legislature and assented to by the Governor on August 2, 1997 :

THE UTTAR PRADESH MINISTERS AND. STATE LEGISLATURE OFFICERS AND MEMBERS-AMENITIES LAWS •

(AMENDMENT) ACT, -1997 ' (U. P.' Aor --No. 8 .0E - 1997).7

passed by the Uttar Pradesh Legillaturel AN "

ACT further to amend the Uttar Pradesh Ministers (Salaries, Allowances

and Miscellaneous Provisions) Act, 1981, the Uttar Pradesh State Legis- lature (Members' Emoluments and Pension) Act, 1980 -and the CL P. State Legislature (Officers' Salaries and Allowances) Act, 1952.

[As

Short title.

Insertion of New section 4-A In Act No. 14 of 1911.

WEFFEAs_.the..Uttar Pradesh Ministers (Salaries, Allowances, and Miscellaneous provisions) Act, 1981 inter alia provides that each- Minister Including Chief Minister and Deputy Minister, shall be entitled without payment of any rent to the use throughout the term of his office and for a period of fifteen days thereafter of a reSidence at Lucknow which shall be furnished and maintained at public expence at the prescribed scale;

AND, WHEREAS ' the Uttar Pradesh State Legislature (Member's Emolu-

ments and Pension) Act,1980 inter alia provides that every member inclu- ding parlimentry Secretary shall be entitled without payment of rent to the use of such accommodation at Lucknow as may be provided to him for the duration of his membership and such further period as may be prescribed ;

AND, WHEREAS, the Uttar Pradesh State Legislature (Officers Sal dries and Allowances) Act, 1952 inter alia provides that the Speaker, the Chairman, the Deputy Speaker and the Deputy Chairman shall each be entitled to, throughout the term of his office a free furnished residence at Lucknow ;

AND, WFIFREAS, it is the duty of the State Government to provide resi- dences to Ministers, Legislators, Speaker and Deputy Speaker of the Legislative Assembly and Chairman and Deputy Chairman of the Uttar Pradesh Legislative Council;

AVD,• WHEREAS, to ensure timely availablity of residence to Minister, Speaker, Deputy Speaker, Chairman, Deputy Chairman and Legislators it has been considered expedient to -specify certain accommodations as Minister's residence, Speaker's residence, Chairman's residence, a Deputy Speaker's residence, Deputy Chairman's residence and Legislator's residence;

IT IS HEREBY enacted in the Forty-eighth Year of the republic of India as follows :-

This Act may be called the Uttar Pradesh Ministers and State Legislature Officers and Members Amenities Laws (Amendment) Act, 1997.

After section 4 of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, the following section shall be-inserted, -namely

"4-A (1) On and from the commencement of the Uttar Pradesh Ministers and State Legislature Officers and

Special Members Amenities Laws (Amendment) provisions Act, 1997, the state Government may, with regardieg a view to ensuring timely availability of resi- certain modations

anenra- dence to a Minister under sub- section (1) of section 4, by a notified order, specify any

type-VI accommodation or an accommodation in which a Minister

IR pursuance. ofthe provisions of c em sen nmuiifii'wera,"‘2'nrree, 19'91 No. 1117 (2)]XVII-V-l—1(KA)—16—1997 ‘ Dated Luck w, August 2, 1997 ' ' ' ' 15(3) of Article 348 or the Constitution of India, the Governor isp'leas'en to order the pu blication oi the following English translahon of the Uttal' Prad esh Mantri-Aur Rajya Vidhan‘ Mand‘dl =Adhikari Aur Sadasya Sukh-Suvidha vidhi (Sanshodhan) Adhiniyam, 1997 (Utter PradeSh Ad 111 niyam Sankhya 8 of 1997) as passed by the Utter Pradesh Legislature and assented to bythe Governor on August 2,1997 . Short title. memoir of New section 4-A In Act vNo. __l4_ o_1"_ H. __ ._____.. $0,198.: 1. THE UTTAR PRADESH MINISTERS 'AND' STATE LEGISLATURE OFFICERS AND MEMBERS AMENITIES LAWS (AMENDMENT) ACT, 1997 ' (U. P.' Acr N0. 8- or1997) [As passed by the Uttar Pradesh Legislature] AN ACT further to amend the Uttar Pradesh Ministers(SaIaries, Ailowance: and Miscellaneous Provisions) Act, 1981, the Uttar Pradesh State Legis- lature (Members' Emoluments and Pension) Act, 198011111117 the U. P State Legislature (OfficerS’ Salaries and Allowances) Act, 1952. WHEREAS the Uttar .Pradesh Ministers (Salaries, Allowances, and Miscellaneous Provisions) Act 1981 inter alia provides that each Minister including ChiefMinister and Deputy Minister shall be entitled Without payment gof any rent to the use throughout the 1ern1 of his oflice and for a period of fifteen days thereafter of a residence at Lucknow which shall be furnished and maintained at public expence at the prescribed scale; AND, WHEREAS, the Uttar Pradesh State Legislature (Member’ 5 131110111- ments and Pension) Act, 1980 inter alia provides that every member inclu- ding Parlimentry Secretary shall be entitled without payment of rent to the use of such accommodation at Lucknowas may be provided to him for the duration of his membership and such further period as may be prescribed; . . AND, WHEREAS, the Uttar Prad ash State Legislature (ofiicer-s Salaries and Allowances) Act, 1952 inter alia provides that the Speaker the Chairman the Deputy Speaker and the Deputy Chairman shall each be entitled to, throughout the term of his office a free furnished residence at Lucknow“ , AND, WHEREAS, it is the duty of the State Government to provide resi- denocs to Ministers, Legislators, Speaker and Deputy Speaker of the Legislative Assembly and Chairman and Dcputy Chairman of the Uttar Pradesh Legislative Council; AND, WHEREAS, to ensure timely availablity of residence to Minister, Speaker, Dcpntv Speaker, Chairman, Deputy Chairman and Legislators it -has been considered exp edient to specify certain accommodations as Minister’s residence, Speaker' 5 residence, Chairman’ 5 residence, a Deputy .Spcaker‘s residence. Deputy Chairman’s residche and Legislator’ s residence; _ 1 IT IS HEREBY enacted in the Forty-eighth Year of the republic of India as follows :— 1. This Act may be calledrthe Uttar Pradesh Ministers and State Legislature Oflicers and Members Amenities Laws (Amendment) Act, 1997. 2. After section 4 of the Uttar Pradesh Ministers (Salaries, Allowances and MiSCellaneous Provisions) Act, 1981, the following section shall be inserted namely- w. 1-—-—Ak—~e~ , “4- A (1) On and from the Commencement of the Uttar Pradesh Ministers and State Legislature Ofl'iccrs and Special Members Amenities Laws (Amendment) . Pron;!°“5 Act, 1997, the state Government may, with - “g"- mg a view to ensuring timely availability of resi- certam accom- modatlans dence toa Minister under sub- section (1) of . section4, by a notified order, specify any type- -VI accommodatiOn or an accommodation in whicha Minister .i

79T WWI WITEtrtuI TM; 2 WITU, 1997 5

• was in occupation at any time, under the control and Management of the Estate Department of the State Government, as Ministers residence and an accommodation so specified shall be allotted to a Minister only and not to any other person.

(2) The State Govetnment, or an officer authorised by it in this behalf may, if a person other than a Minister referred to in sub- section (I-A) of section 4 is in occupation of an accommodation specified as Minister's residence under sub-section (1) on the basis of any allotment order or otherwise, cancel • the allotment order of such person, if any, and by notice in writing require such person to vacate the , said ;accommodation within fifteen days from the date of service upon him of such notice, and if such person fails to vacate the said accoinmodati on within the said period, an officer authorised by the State Government in this behalf may take possession of the accommodation and may for the purpose use such force as May be necessary in the circumstances".

3. After section 16 of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, the following section shall be inserted, namely:—

"16— A (1) On and from the commencement of the Uttar Pradesh Ministers, and State Legislatures, Officers, and

Special provisions Members Amenities Laws (Amendment) regarding certain mmodations Act, 1997, the State Government may, acco

with a view to ensuring timely availability of accommodation to a member under sub-section (1) of section 16 by a notified order, specify any accommodation in the colony or building named as Vidhayak Niwas No. 1, A-Block Darulshafa, Vidhayak Niwas No. 2, B-Block Darulshafa, Vidhayak Niwas No. 3, 0. C. R., Vidhayak Niwas No. 4, RoYal hotel, Vidhayak Niwas No. 5, Mirabai Marg, Vidhayak Niwas No. 6, Park Road under the control and management of the Estate Department of the state Government, as Leoislatures' residence and an accommodation so specified shall be allotted to a member only and not to any other person;

(2) The State Government, or an officer authorised by it in this behalf may, if a person other than a member referred to in sub-section (1—A) of section 16 is in occupation of an accommodation specified as Members' residence under sub-section (1) on the basis of any allotment order or otherwise, cancel the allotment order of such person if any, and by notice in writing require such person to vacate the said accommodation within fifteen days from-the date of service upon him of such notice, and if such person fails to vacate the said ,accommod- ation within the said period, an officer authorised by the State Govern- meat in thic behalf may take possession of the said accommodation and may for the purpose use such force as may be necessary in the circumstances".

4. After section 4 of the U. P. State Legislature (Officers Salaries and Allowances) Act, 1952, the following section shall be inserted, namely

"4-A—(1) On and from the commencement of the Uttar Pradesh Special provi- Ministers and State Legislature Officers, and sions regarding Members Amenities Laws (Amendment) certain accom- Act, 1997, the State Government may, ,with. modations - a view 'to ensuring timely availability of

residence to a person referred to in sub-section (1) of section 4, by a notified order specify any type-VI accommodation or an accommoda- tion in which a Speaker or a Chairman or a Deputy Speaker or a Deputy Chairman was in occupation atany time under the control and Management of the Estate Department of the State Government as Speaker's residence, Chairman's residence, Deputy Speaker's residence or Deputy Chairman's residence and an accommodation so specified shall be alloted to a person as the case may be, referred to in sub-seo- tion (1) of section 4 only, and not to any other person.

Insertion Sr New section 16-A in U P. Act No. 23 of 1980.

Insertion of new section 4-A, in U. P. Act No. 11 of 1952.

'vensshwammm attemlsw , . 5 was in occupation at anytime, under the control and Management of the .Estate . Department of the state Government, as Ministers residence and an accommodation so specified Shall be allotted to a Minister only and not to any other person. . (2) The State Government, or an officer authorised by it in this behalf may, if a person other than a Minister referred to in sub- section(I-A) of section 4 is in occupation of an accommodation specified as Minister's residence under sub-sectiOn (1) on the basis of . any allotment order or otherwise, cancelvthe allotment order of such person, if any, and by notice in writing require such person .to vacate the ,Said ;accommodation within fifteen days» from the date of service upon him of such notice, and/if such person fails to vacate the said accommodation within the said period, an ofiicer authorised by the State Government in this behalf may take pOSSession of the accommodation and may for the pul'pOSe use such “ force ”as may be necessary in the circumstances”. 3. After section 16 of the Uttar Fradesh State Legislature (Members’ Insertion of Emolnments and Pension) Act, 1980, the following section shall be {‘le section IG-A Md uamflw- - l eras-mes: ' “16—A (1) 0n and from the commencement of the Uttar Pradesh . _ , , Ministers, and State Legislatures, Ofiicers, and Spec‘fl Pig‘s?” Members Amenities Laws (Amendment) Eigcihhidatiéaif Act, 1997, the State Government may, with a view to ensuring timely availability of accommodation to a member under sub-section (1) of section 16 by a notified order, specify any accommodation in the colony or building named as Vidhayak Niwas No. 1, A-Block Darulshafa, Vidhayale Niwas No. 2, 13-31001: Darulshut‘n, Vidhayak Niwas No. 3, O. C. R., Vidhayak Niwas No. 4, Royal Hotel, Vidhayalc Niwas N0. 5. Mirabai Marg, Vidhayak Niwns No. 6, Park Road under the control and management of the Estate Department of the State Government. as Legislatures’ residence and an accommodation so specified shall be allotted to a member only and not to any other person ; (2) The State Government, or an officer authoriSed by it in this behalf may, ifa person other than a member referred to in sub-section (l—A) of section 16 is in occupation of an accommodation specified as Members' residence under sub-section (1) on the basis of any allotment order or otherwise, cancel the allotment order of such person if any, and by notice in writing require such person to vacate the said accommodation within fifteen days fronrthe date of service upon him of such notiCe, and ifsuch person fails to vacate the saidvaccommod. ation within the said period, an oflicer authorised by the State Govern- mentin this behalf may take possession of the said accommodation and may for the purpose use such force as may be neCessary in the circumsta nees ". ‘ 4. After section 4 of the U. P. State Legislature (Ofi‘icers Salaries and insertion of new Allowances) Act, l952,the following section shall be inserted, namely :__ . $0913? lii! . . C 0. . . of 1952. “4-A—(1) on and from the commencement of the Uttar Pradesh Special provi- Ministers and State Legislature Ofiicers, and sinus regarding Members Amenities, Laws (Amendment) certain aceom- Act, 1997, the State Government may, with ,wmodaiions , - a View ’to ensuring timely 'ayailability of ‘ residence to a person referred to in sub-section (1) of section 4, by a. notified order specify any type—VI accommodation or an accommoda. tion in which a Speaker or a Chairman or a, Deputy Speaker or a _ Deputy Chairman was in occupation at_any-t1_me"un'der the control and ‘ Management of the Estate Depa tment of the State Government as Speaker’s residence, Chairman’s residence, Deputy Speaker's residence or Deputy Chairman's residence and an accommodation so specified _ shall be alloted to a person as the case may be, referred to in Sub-sec— . tion (1) of section 4 only, and not to any other person.

TM:A kn. innErgq?.nsAtrc-2941Th'3, I 09 7

, (2) heiState GOvernment,00ri: ,art:',FotheenaittlierisedHb yl:itin; this r a-liall;:may-,df a Tperstin otha thartatparSonitafored to. idstibstetiOn (2.) t. of -sereticei 4isinioeeitpation:bfraii-*aUaOta:naodatiou spdcifidd'aS;Sliaker's

residence, Chairman'slresidenU4DepttySPetker's• residence, 'et:Deputy . Chairman's residence_ under sub-section (I) on the 'basis of any al ot-

Ordet '01;othoriyiae, ficaricertlianalleitthentibtd6r: of Such person, if any,iand by notice in writing:1-04okt nieli:p'ersOn to, Weate•lhe said , accommodation within withitififteeti crays.,:frenn.LtIk date of,'serviOo•eon him of suthinotice,f.and)if -shOtapettowfal*-fol•;.'taeitetliiia.niel'ade8Minoda- tion within thesaid 'pariod, an offie6t,a-Litlieitigedi by ilfeegfge.,GbYern- :

bdthisr-behalimay•. take,,-.poSS6gsioik7oflithetisaid/atdoinnYedafion and-may ,for{ the, 'purpoSeMsd:•sidela]4orde-As'itigY2tlie:• hecessarY in. the circumstances"si • •

By, order, R. a MA:n:113R, Prainuich Sac/iii,.

rit o7 o lot 047.orft6.113 TritM (AO) —19.9 5 97r:(Tbff 0). r

W, x H u-m.-fl,u g» V - - ' ra-fifizefiaamnmnaz,z2ma, 1997 V 1'1hezstate:deernmeut,»::or aflmfiieerxzafithbri‘sé .b t'in'th‘s ehal , may ifla ersdu ofhé‘r— tha' 'n 0114 I5 air-ed te-m‘ ' ,. of-sébtim’i 4, ‘3 Joc'cilpationofi‘zyi-acco mod’atidnsp‘ccifie‘ ‘ ’s residence, chauman’sweside‘p’ce; DeputyL‘Sfie’zi k‘er’s téside‘nca‘ Deputy chairman’s r§sidencelpuder sub—section (1) on the ‘basis of any a'lot- ' ‘éqtldrdetfbriotherwi‘s’e, I'c'afiéeli He 1mm ‘rde‘ri of‘ ‘s-uch person_ if any,Lan‘d-by notice ii] w’ritéiyagZ e'q‘ ' 's‘u _ .a-CCommo'datiofi himfifte" , hon Within the s d period, a} o'flic figment in'thisrrbehalif may: make 1595‘ ‘ - ,and may‘forfthe ‘pur-pose‘hse‘ suchI-«f0rc‘eras“ ‘ '5 circumstances”: -' ' ’ - ' i ' ~ _ 703'} 07313 ufifii (:flg.o=)-.:(9:7-8‘)~f 9.97+-j&$_97: €350): p ,... 3f ’ person tofi/aéaifvthe said.

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