Jammu and Kashmir act 019 of 1960 : The SALARIES AND ALLOWANCES OF THE MEMBERS OF JAMMU AND KASHMIR STATE LEGISLATURE ACT, 1960. (Act No. XIX of 1960.)

Section 1.Short title and commencement.

(1) This Act may be called the Salaries and Allowances of Members of the Jammu and Kashmir State Legislature Act, 1960.

(2) It shall come into force on the 26th January, 1960.

Section 2.Definitions.

In this Act—

(a) “Committee” means a Committee of ¹[Legislative Assembly of the Union territory of Jammu and Kashmir], and includes a Joint Committee of ²[the Legislative Assembly] ³[or a Consultative Committee constituted by the ⁴[Government of the Union territory of Jammu and Kashmir] ;]

(b) “Member” means a member of [^{Legislative Assembly of the
Union territory of Jammu and Kashmir], but does not include
a Minister, a State Minister or a Deputy Minister ;

(c) “New Member” means a member who takes his seat in}1^{[Legislative Assembly of the Union territory of Jammu and
Kashmir] after the commencement of this Act and includes a
member who is re-elected or renominated ;

(d) “Period of residence on duty” means the period during which
a member resides at a place where a session of}5^{[Legislative
Assembly of the Union territory of Jammu and Kashmir] 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 attending such session or sitting or for the purpose
of attending to such other business and includes, in the case of
a session of}5^{[Legislative Assembly of the Union territory of
Jammu and Kashmir] or sitting of a Committee, a period of such
residence, not exceeding one day, immediately preceding the
commencement of the session or the sitting of a Committee, as
the case may be, and a period of such residence not exceeding
one day, immediately succeeding the end of the session or a
sitting of the Committee, as the case may be.}6^{[Exception.— ‘Period of residence on duty’ will however include—
(i) the period for which a member is prevented from leaving his
abode to attend the session of}5^{[Legislative Assembly of the
Union territory of Jammu and Kashmir] or any sitting thereof
or the sitting of any Committee, owing to the circumstances
beyond his control. Such a Member shall be entitled to daily
allowance for the period under this Act ;

(ii) the period for which a member is held up on the way to attend
such session or meeting owing to circumstance beyond his control,
such a member shall be entitled to travelling allowance and daily
allowance for this period under this Act :

Provided that the Speaker of the Legislative Assembly}7^{[x x x x] is
satisfied as to existence of these circumstances.]

Explanation.—A member who ordinarily resides at the place where a session
of}5^{[Legislative Assembly of the Union territory of Jammu
and Kashmir] or a sitting of Committee, is held, shall for the
duration of session or sitting}8^{[including one day immediately
preceding and one day immediately succeeding)] be deemed
to reside at such place for the purpose of attending such
session or sitting.}9^{[(e) Omitted.]

1. Substituted by S.O/ 3466(E) dated
05.10.2020. for “either House of the Jammu and Kashmir State Legislature”.

2. Substituted ibid for “both Houses”.

3. Inserted vide Act XVI of 1976.

4. Substituted for “Government” by S.O. 3466(E) dated 05.10.2020.

5. Substituted for certain words by S.O. 3466(E) dated 05.10.2020.

6. Substituted vide Act XIII of 1980 w.e.f. 1-4-1980.

7. Words “or the Chairman of Legislative Council, as the case may be” omitted by S.O. 3466(E)
dated 05.10.2020.

8. Substituted vide Act XXI of 1975 w.e.f. 1-7-1975.

9. Omitted by Act XXXVII of 1963 w.e.f. 26-1-1960.}

Section 3. Salaries and daily allowances.

(1) There shall be paid to each member of the ¹[Legislative Assembly of the Union territory of Jammu and Kashmir] a salary at the rate of ²[sixty thousand rupees] per mensum :

Provided that where a member fails to attend at least 90 per centum of the total number of the meetings held in any month or ³[if elected or nominated during the course of a month,] fails to attend at least 90 per centum of the total number of meetings held in that month subsequent to the date on which he takes his oath, he shall not be paid any salary for that month unless he satisfies the Speaker of the Legislative Assembly ⁴[x x x x] that he was prevented by reason of ill health or sufficient cause from attending the required number of the meetings.

⁵[(1-A] The salary referred to in sub-section (1) shall accrue to a member from the date on which he is declared duly elected ⁶[x x x x] 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 shall not be paid until the member has made and subscribed the oath of affirmation referred to in ⁷[section 24 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)] :]

⁸[Provided further that in case of a general election for the new Legislative Assembly if held during the term of old Legislative Assembly and the results whereof are declared before the expiration of the term of old Legislative Assembly, the members of the new Legislative Assembly shall get their salary from the date when the new Legislative Assembly is declared to have been constituted through a notification in the 9Official Gazette].

(2) There shall also be paid to each member of the ¹[Legislature of the Union territory of Jammu and Kashmir] a daily allowance at the rate of ¹⁰[two thousand] rupees for attending session of the ¹¹[Legislative Assembly of the Union territory of Jammu and Kashmir] or meetings of the committees :

Provided that he attends all meetings and in case of absence from any meeting he has explained such absence to the satisfaction of the Speaker of the Legislative Assembly ¹²[or the Chairman of the Legislative Council, as the case may be] :

Provided further that where such absence has been explained to the satisfaction of the Speaker ¹²[or the Chairman, as the case may be], the daily allowance shall be drawn at the following rates :—

(a) for the first six days of absence in a session ... Full Rate.

(b) for a further twelve days of absence in ... Half rate. a session

(3) Notwithstanding anything hereinbefore contained salary shall be paid to a member in respect of any period during which he remains in detention under any law for the time being in force.

1. Substituted for “State Legislature” by S.O. 3466(E) dated 05.10.2020.
2. Substituted by Act V of 2016, s. 2 for “thirty-five thousand rupees” For earlier amendments see Act XVII of 2006 and X of 2011.
3. Substituted vide Act XXXVII of 1963.
4. Words omitted by S.O. 3466(E) dated 05.10.2020.
5. Inserted vide Act XXXVII of 1963 w.e.f. 26-10-1960.
6. Certain words omitted by S.O. 3466(E) dated 05.10.2020.
7. Substituted ibid for “section 64 of the Constitution of Jammu and Kashmir”.
8. Inserted vide Act XVI of 1976.
9. Substituted by S.O. 3466(E) dated 05.10.2020 for “Government Gazette”.
10. Substituted for “one thousand” by Act IV of 2018, s. 2. For earlier amendments see Act XVII of 2006 and IX of 2013.
11. Substituted for “Legislature” by S.O. 3466(E) dated 05.10.2020.
12. Words within brackets being obsolete need to be omitted.

Section 4.Travelling allowance.

(1) A member of the ¹[Legislature of the Union territory of Jammu and Kashmir] shall be entitled to the following rates of travelling allowance and daily allowance in respect of a journey to attend a session of ²[Legislative Assembly of the Union territory of Jammu and Kashmir] or a sitting of a Committee or for transacting any other business connected with the duties as such member :—

(a) Journey by Road.—³[Road mileage by the shortest route at the rate of ⁴[Nine rupees per kilometer, unless the expenses on the propulsion of vehicle are met by the ⁵[Government of the Union territory of Jammu and Kashmir]] per Km. between the usual place of residence of a member and the place where a session of ²[Legislative Assembly of the Union territory of Jammu and Kashmir] or a meeting of a committee is held or such other business is conducted provided the journey is not within the radius of eight miles of the place where ²[Legislative Assembly of the Union territory of Jammu and Kashmir] meets or such other business is transacted.

(b) Journey by Air.—A member who performs the journey by air—

⁶[(i) from one place to another place in the ⁷[Union territory of Jammu and Kashmir] excepting from and to Frontier District through a neighbouring State shall be entitled to draw travelling allowance at one and one half times the standard fare for such air journey ;]

(ii) from any place within the ⁷[Union territory of Jammu and Kashmir] from where he is deputed to any place outside the ⁷[Union territory of Jammu and Kashmir] shall be entitled to draw travelling allowance equivalent to one and one fourth of the standard air fare ;

(iii) ⁶[from Frontier District to any other part of the ⁷[Union territory of Jammu and Kashmir] through neighbouring State or vice versa, shall be entitled to draw Traveling Allowance at the standard fare plus Rs. 150/- as incidental charges for such air journey plus mileage for the part journey by road.

Explanation.—The rate for such air journey shall also be applicable to air journey from Pathankot to Nobra and vice versa.

(c) ⁸[Journey by Rail.—A member who performs the journey by rail shall be entitled to draw the railway fare of one and one-half of the Ist class or actual fare of the Ist class air conditioned railway coach.]

⁹[(d) Journey by road between places connected by rail.—A member who performs a journey by road between the places connected by rail, either wholly or in part may draw the road mileage referred to in clause (a) in place of the Travelling Allowance which would have been admissible to him had he travelled by rail :

Provided that the total amount of the Traveling Allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him had he performed such journey by rail.]

⁸[(1-a) If a member or any delegation of members required under orders of the Speaker of the Legislative Assembly ¹⁰[x x x x] to visit a place or ³[places outside the Union territory] in the discharge of his duties as a member of committee of a delegation, he shall be entitled to Travelling Allowance in accordance with sub-section (1) of this section and for halts at such place or places Daily Allowance at the rate specified in sub-section (2) of section 3 :

Provided that for halts at ¹¹[places outside the State] he shall be entitled to 75 increase over the Daily Allowance rate admissible under section 3.]

(2) In calculating allowance for journeys by road fraction of a kilometer shall be omitted from the total of a bill for any one journey but not from the various items which make up the bill.

1. Substituted for “State Legislature” by S.O. 3466(E) dated 05.10.2020.
. Substituted for “either House of the State Legislature” by S.O. 3466(E) dated 05.10.2020.
3. Substituted vide Act XVI of 1976.
4. Substituted vide Act IX of 2001.
5. Substituted for “Government” by S.O. 3466(E) dated 05.10.2020.
6. Substituted vide Act XVI of 1976.
7. Substituted for “State” by S.O. 3466(E) dated 05.10.2020.
8. Substituted vide Act XIII of 1980 w.e.f. 1-4-1980.
9. Substituted by vide Act XVI of 1976.
10. Certain words omitted by S.O. 3466(E) dated 05.10.2020.
11. Substituted ibid for “places outside the State”.

Section 4-A.Conveyance Allowances.

¹[4-A. Conveyance, telephone and medical allowance.–– Every member shall be paid—

(a) constituency conveyance allowance at the rate of ²[sixty thousand rupees] per month ;

(b) telephone allowance at the rate of ³[thirty thousand rupees] per month ; and

⁵[Provided that every member and or any member of his/her family, wholly dependant upon him/her shall also be entitled to such medical facilities including the reimbursement of the expenditure incurred in connection with his/her medical treatment within or ⁶[outside the Union territory] in Government/Private recognised medical institutions as may be prescribed by rules by the ⁷[Lieutenant Governor].

Explanation.–– For purpose of the section, family shall include spouse, sons, unmarried daughters and parents wholly dependant on the Member].

1. Substituted vide Act VII of 1985.
2. Substituted for “thirty thousand rupees” by Act V of 2016, s. 3. For earlier amendment see Act X of 2011.
3. Substituted ibid for “fourteen thousand rupees”.
4. Substituted ibid for “one thousand rupees”.
5. Substituted vide Act VII of 2005.
6. Substituted for “outside the State” by S.O. 3466(E) dated 05.10.2020.
7. Substituted ibid for “Governor”.

Section 4-AA.Entitlement for travelling.

¹[4-AA. Entitlement for travelling.–– Every member and/or any other member of his/her family, shall be entitled to travel at any time by such mode of transport and up to such distance in a financial year, as may be prescribed by the ²[Government of the Union territory of Jammu and Kashmir] from time to time].

1. Substituted vide Act XI of 1998.
2. Substituted for “Government” by S.O. 3466(E) dated 05.10.2020.

Section 5.Daily allowance, etc. for intervals.

¹[5. Daily Allowance etc. for intervals. ––(1) Notwithstanding anything contained in sub-section (2) of section 3, a member shall be entitled to draw daily allowance for—

(i) the period of adjournment intervening the continuous sitting of ²[a session of the Legislative Assembly] when such an adjournment is not of more than 7 days :

Provided that where such a member return to his usual place of residence or his constituency during such adjournment, he shall be entitled to draw Daily Allowance or Travelling Allowance for going to and coming back from that place, whichever is less ;

(ii) the period of adjournment of not more than 7 days intervening the continuous sitting of a meeting of the Committee :

Provided that where such member returns to his usual place of residence or his constituency during such adjournment he shall be entitled to draw Daily Allowance or Travelling Allowance for going to and coming back from that place, whichever is less ;

(iii) the date fixed for the commencement of a session or sitting of a committee, which is declared a public holiday and the meeting takes place on the next working day :

Provided that such a member has not received a communication of such postponement or has not been informed about it otherwise and has presented himself at the place of meeting on such day.

(2) When there is an interval of not more than a week between or the termination of the meetings of the session and the commencement of those of another session at the same place which a member is required to attend and when such member remains at the place during the interval he shall be entitled to draw daily allowance for such period of residence on duty or draw travelling allowance for going to and coming back from his usual place of residence, whichever is less.

(3) Any member may stay on at the place of meeting after the close of the session if he is unable to return to his usual place of residence on account of conditions and circumstances beyond his control and where the speaker of the Legislative Assembly ³[x x x x] is satisfied that such a prolonged stay is justifiable the member shall be entitled to draw a daily allowance at the rate for thirty rupees for first three days of his stay only :

Provided that a member from the frontier district shall also be entitled to a daily allowance of forty rupees for the days of prolonged stay beyond the expiry of first three days.

Provided further that a member from the frontier district shall produce a certificate from the Ladakh Affairs Department that the prolonged stay was due to the blockade of road and non-availability of air seat.

1. Inserted by Act XVI of 1976.
2. Substituted by S.O. 3466(E) dated 05.10.2020 for “a session of the House”.
3. Certain words omitted by S.O. 3466(E) dated 05.10.2020.

Section 5-A.Daily allowance for the period of absence.

²[5-A. Daily Allowance for the period of absence.— If a member has been ordered to absent himself from a meeting or meetings of the Legislative Assembly ¹[x x x x] under the Rules of Procedure and Conduct of Business ³[of the Legislative Assembly of the union territory of Jammu and Kashmir], for the time being in force, he shall not be entitled to get Daily Allowance for such period of absence].

1. Certain words omitted by S.O. 3466(E) dated 05.10.2020.
2. Section 5-A substituted vide Act XVI of 1976 w. e. f. 1-4-1976.
3. Substituted for the words “of the respective Houses of the State Legislature” by S.O. 3466(E) dated 05.10.2020.

Section 6.Allowance for Non-members.

The Allowance for non-members elected or nominated to Committees set up by ¹[Legislative Assembly of the Union territory of Jammu and Kashmir] shall be the same as for the members of ¹[Legislative Assembly of the Union territory of Jammu and Kashmir].

1. Substituted for “either House of the State Legislature” by S.O. 3466(E) dated 05.10.2020.

Section 7.Certificate for T. A. and D. A.

A member who claims any travelling or daily allowance under this Act shall support his claim by recording a certificate on the concerned bill in the following form :—

“Certified that no amount has been claimed for this journey period in the bill drawn from any other source or previously.”

Section 8. Bill for a claim how to be prepared.

²[8. Bill for claim, how to be prepared. ––(1) A bill for a claim for Travelling and Daily Allowance under this Act, shall be prepared in duplicate on printed form as may be prescribed by the ³[Secretariat of the Legislative Assembly] to be obtained from the Office of the Secretary of ¹[Legislative Assembly of the Union territory of Jammu and Kashmir] and to be returned to him duly filled in and signed and receipted one copy whereof shall be kept for office record and reference. The dates of journey shall be entered in the prescribed columns of the bill. In case the claim for return journey is also made, a certificate to the effect that the journey as claimed for has actually been performed on such date be furnished to the Office of the Secretary of ⁴[Legislative Assembly of the Union territory of Jammu and Kashmir] for onward transmission to the audit office for purposes of adjustment.

(2) The bill, referred to in sub-section (1) shall be paid before audit after a preliminary check by the office of ¹[Legislative Assembly of the Union territory of Jammu and Kashmir] either in cash or through a cheque or by means of payment order endorsed in the name of officer of the Treasury at which the member desires to receive payment. The said bill, shall be counter-signed by the Speaker of the Legislative Assembly ⁴[x x x x], or during their absence from the Headquarters by the Deputy Speaker of the Legislative Assembly ⁵[x x x x], before payment.

(3) All the Travelling Allowance and Daily Allowance bills of the members shall be post audited immediately after payment thereof, objections if any, shall be intimated to the member by the audit office not later than three months from the date of the encashment of such a bill.]

1. Substituted for “either House of the State Legislature” by S.O. 3466(E) dated 05.10.2020.
2. Section 8 substituted by Act XVI of 1976 w.e.f. 1-4-1976.
3. Substituted by S.O. 3466(E) dated 05.10.2020 for “Legislature Secretariat”.
4. Words “or the Chairman of the Legislative Council, as the case may be” omitted ibid.
5. Words “or the Deputy Chairman of the Legislative Council, as the case may be” omitted ibid.

Section 9. Post audit of T. A. Bills.

¹9. Omitted.

1. Section 9 omitted by Act XVI of 1976.

Section 10.Amenities.

²[10. Amenities. —(1) A member shall be entitled to such facilities for housing as may be prescribed by rules by the ³[Lieutenant Governor] in this behalf.] ⁴(2) Omitted.

2. Inserted by Act II of 1964.
3. Substituted by S.O. 3466(E) dated 05.10.2020 for “Governor”.
4. Omitted vide Act VII of 1985.