CHAPTER VI
15. 'THE PUNJAB LEGISLATIVE ASSEMBLY 2(SALARIES AND
ALLOWANCES OF MEMBERS] ACT, 1942
(ACT IV OF 1942)
An
ACT
10 provide for '[salaries and allowances] of the Speaker and certain Members of the Punjab Legislative Assembly. It is hereby enacted as follows:-
1. (1) This Act may be called the Punjab Legislative Assembly
"[Salary and Allowances of Members] Act, 1942.
(2) It shall come into force on such date as the State Government may, by notification, direct.
2. In this Act, unless there is anything repugnant in the subject or context-
Short Title and
Commencement
Definitions.
(a) "Assembly" means the Punjab Legislative Assembly;
(b) "Comrnittee'' means a Select Committee or other Committee ofthe A~sembly and includes a joint Committee of the Assembly and the Punjab Legislative Council and any Committee appointed by the State Government for a purpose connected with the business of the Government;
(bb) "Deputy Speaker" means the Deputy Speaker of the Assembly;
(c) "Member" means a Member of the Assembly other than a Minister 5[or the Leader of the Opposition as defined in the Salary and , Allowances of Leader of Opposition in Legislative Assembly Act, 1978]; or the Speaker or the Deputy Speaker;
'Received the assent of His Excellency, the Governor on 10th Match, 1942 and published in Government Gazette (Extraordinary), Punjab of the 16th March,
1942.
• 2Titleof the Act amended vide Punjab Act No.3 of2003-, vide No.6 Leg/2003, dt.
23.04.2003.
J Amendment of preamble vide Punjab Act No.3 of 2003-, vide No.6 Leg/2003, dt.
23.04.2003.
"Amended vide Punjab Act No. 3 of 2003-, vide No.6 Leg/2003, dt. 23.04.2003. 5lnserted, vide Act No. 12 of 1978 (Published in Extraordinary Gazette of 18th September, 1978)
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(d) "Meeting" means a meeting of the Assembly or of a committee thereof; -<,
'[(dd) 'new Member' means a Member who takes his seat. in the Assembly after the Commencement of the Punjab Legislative Assembly (Allowances of Members) Second Amendment Act, 1986, and includes a Member who is re-elected; ]
(e) "prescribed" means prescribed by rules made under this Act; and
(f) "Speaker" means the Speaker of the Assembly. r 2[2-A. There shall be paid to each Member a salary at the rate of 3 {Twenty-five Thousand rupees} per mensem in addition to the other allowances as admissible to him".]
3. (I) Subject to the conditions hereinafter contained, there shall be paid to each Member a compensatory allowance at the rate of "[five thousand rupees per mensem 1 during the whole of his term of office. Explanation.-In this sub-section, ~heexpression "term of office" means,-
(a) In relation to a person who is a Member at the commencement of the Punjab Legislative Assembly (Allowances of Members) Second Amendment Act, 1986, the period beginning with the 29th day of September, 1985 and ending with the date on which his seat becomes vacant;
(b) in relation to a new Member,-
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(i) where such new Member is a Member of the Assembly elected in general election held for the purpose of constituting a new Assembly, the period beginning with the date of publication of the notification of the Ele~tion Commission under Section 73 of the Representation oftte Peeple Act, \951; or
(ii) where such new Member is a Member of the Assembly elected in a bye-election to that Assembly, the period beginning with the date of his 'Inserted,-vide Punjab Act No. 20 of 1986 w.e.f. 29th
September, 1985. 2Inserted,-vide Punjab Act No. 3 of 2003, vide No.6, Leg/2003. dt. 23.04.2003 3Substituted,-vide Punjab Act No. 21 of 20 15-,vide No. 22-Leg!20 IS, dt. 15.05.20 IS. o "Words "five thousand rupees" were substituted for "two thousand and five hundred rupees" by Punjab Act No.3 of 2004 w.e.f. 23rd
April, 2004.
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Salaries of Memb~s
Compensatory Allowance.
2
election referred to in Section 67-A of the said Act, and ending, with the date on which his seat becomes vacant.
(2) . If a Member-
. (a) fails to attend at least ninety per centum of the total number of meetings held in any month; or
(b) elected during the course of a month fails to attend at least ninety 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 for that month be paid .any compensatory allowance other than an allowance at the rate of twenty rupees for every meeting actually attended by him as such Member unless he satisfies the Secretary of the Assembly that he was prevented by reason of ill-health or any other sufficient cause from attending the required number of meetings:
Provided that no Member who draws the compensatory
allowance prescribed in this sub-section shall receive a sum greater than ninety per centum of the amount that would be due to him in anyone month under sub-section (I) had he attended the requisite number of meetings.
(3) Where, in any month there have been no meetings, the Member shall be paid the full compensatory allowance for such month. 1[(4)Notwithstanding anything hereinbefore contained, a Member detained under any law for the time being in force shall be 'paid full compensatory allowance in respect of the period during which he is so detained.] ,
---- .. - -
I Substituted for sub-section (4 ),-vide Act No.4 of 1977 w.e. f. 17 th March, 1977.
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Constituency, Secretarial & Postal Facilities Allowance
I[3-A (I) There shall also be paid to each Member-
(a) a Constituency, Secretarial and Postal Facilities Allowance at the rate of 2{twenty five thousand rupees} per mensem;
(b) an office allowance at the rate of 3{ten thousand rupees} per mensem]; and
(c) a sumptuary allowance at the rate of three thousand rupees per mensem.
(2) A Member shall be entitled to Secretariat allowance at the rate of 4 {ten thousand rupees} per mensem, which shall be payable by the Punjab Vidhan Sabha Secretariat to the person, to be intimated by the Member· to the said Secretariat to work with him as his Secretary.] 5[(3-AA) The salaries and allowance payable to the Members under this Act, shall be exclusive of the income tax, payable in respect thereof under any law relating to income tax for the time being in force, and such tax shall be paid by the State Government.]
°[3-8. If any person to whom any amount is admissible under this Act, has not paid to the State Government any amount payable by him on account of any residential accommodation or any other facility of
. whatever nature provided to him by the State Government in his capacity as a Minister, Leader of the Opposition as defined in the Salary and Allowances of 7 {Leader of Opposition in Legislative Assembly Act, 1978}, . . Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or Member, the amount so due from him, may be recovered from the amount admissible to him under this Act and Jno amount is admissible or the amount so admissible is insufficient, in that case, the amount so due, shall be recovered as arrears ofland revenue.]
4. (I) Subject to such conditions and limitations as may be imposed by Other rules made under this Act, there shall be paid:- Allowances IInserted,-videPunjabActNo. 13of 2010w.e.f27.1O.201O. 2Inserted,-videPunjabActNo.21 of 2015, videNo.22-Leg'/2015,dt. 15.05.20IS. 'Inserred-vide PunjabActNo.21 of 2015, videNo.22-Leg'/20IS, dt. 15.05.20IS.
"Inserted-vide PunjabActNo.21 of 2015, videNo.22-Leg'/2015,dt. 15.05.2015. 5Inserted,-videPunjabActNo. I of 2004, w.e.f.25th
March,2004. 6Inserted,:videPunjabActNo. 5 of 1993, w.e.f.6th
April, 1993.
"Inserted-vide ActNo. 14of 1981, w.e.f. 19'"March, 1981.
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(a) to the Speaker and the Deputy Speaker, such travelling and ~alting allowances as may be prescribed; and
(b)· to each Member -
(i) such travelling allowance as may be prescribed;
(ii) a halting allowance at the rate of I[one thousand and five hundred rupees] .per day for each day of attendance at a meeting of the Assembly or the Committee 2[and for each day of journey undertaken by him from the usual place of his residence for attending such a - meeting and for return journey' and for journeys undertakerrto attend s.uchmeetings as per tour programme approved by the Speaker and for journeys undertaken under the orders of the Speaker for any other business connected with his duties asa Member]:
Provided that a Member who does not wish t9 draw the halting allowance at the above rate may draw it at the rate admissible immediately before the first day of April, 1970:
Provided further that if a Member hasbeen ordered to absent himself from a meeting or meetings of the Assembly under the Rules of Procedure and Conduct of Business in the Punjab Legislative Assembly for the time being in force, he shall not be en'titled to get allowance for such period of absence:
Provided that where a Member while on tour outside the State of
. Punjab and Union Territory ofChandigarh has to stay in a hotel or,tourist bungalow run on commercial lines, he shall be reimbursed the actual hotel or tourist bungalow expenses subject to the maximum of 3[as admissible to a Class-I Officer.]
4[(iii) ... ]
Explanation.- A break of 5[less than four days] between two successive meetings of the Assembly or Committee shall be deemed to be a day or days of attendance for a Member who does not leave the place of the meeting during such break:
IInserted-vide Punjab Act No. 21 of 2015, vide No. 22-Leg./2015, dt.-15.05.2015. 2Inserted,-vide Act No. 140f 1981, w.e.f.19thMarch, 1981. 3A~ended,-vide Punjab Act No. 3 of 2003, w.e.f. 23rd
April 2003.
"Omitted-vide Punjab Act No. 14of 1981, w.e.f. 19th
March, 1981.
. 5Substituted for the words "not more than two days.t'-vide Punjab Act No. 28 ofI959w.e.f.2IstJuly,1959.
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\ . Provided that nothing in this section shall entitle the Speaker or Deputy Speaker to any travelling or halting allowance or any Member to travelling or halting allowance if such person ordinarily resides or carries on business at any place within five miles of the place at which his attendance is required in connection with his duties as Speaker or Deputy Speaker or as Member as the case may be.
1[(2) Nothing in sub-section (1) shall debar a Member from claiming halting allowance under that sub-section for the day of the -meetihg merely on the ground that the meeting was adjourned for want of quorum or the meeting was cancelled for any reason whatsoever and- the Member came to know of such cancellation after arriving at the place of the meeting].
2[4-A. (I) A Member .shall be entitled to such residential accommodation on concessional rates at the place of sitting of the Assembly as may be prescribed by rule under Section 5]. 3[(2)Every Member shall be entitled to have a telephone installed at any place within his Constituency or at his place of residence or at Chandigarh and all charges in respect of installation and security deposit shall be paid by the Memb~r himself and the amount so paid shall be reimbursed to the Member, by the Government on production of receipts obtained from the Posts and Telegraph Department;]
4[(3) Every Member shall be paid Telephone Allowance at the rate of 5{fifteen Thousand rupees}' per mensem.]
6[4-8. (I) Every Member along with. his spouse and his
dependent children accompanying either of them and an attendant accompanying him to look after and assist him shall, during the coursf of a financial year, be entitled to travel by any railway in India or within or r.
outside India by an air-conditioned coach or by air or by private taxi or by his own motorcar and an amount equivalent to the expenses incurred on suchjourney, shall be reimbursed to the Member:
Provided that a Member furnishes a certificate in respect of the journey undertaken and the sum of money spent thereupon:]. 'Inserted,-vide Punjab Act No. 30 of 1976, w.e.f. 27th
September, 1976~ 2Section 4-A( I) was inserted-vide Punjab Act 6 of 1970 w.e.f. II th August. 1970. 3Subst.-vide Punjab Act No. 20 ofl995 (w.e.f. 14.11.1995)
"lnserted-vide Punjab Act No. 13of 20 I0, vide No.-Leg./20 I0 dt. 27.10.20 IO. IS-ubs.-vide Punjab Act No. 21 of20 15. vide No. 22-Leg.l20 15,dt. 15.05.2015. 6Subs.-videActNo. 290f2011, videNotification No.42-Legl2011 dated 16.11.2011.
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Telephone Facility
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Provided further that the total expenses incurred for the facilities specified in this section shall not exceed the amount of '[three lac rupees] in a financial y~ar.
2[(I-A) A Member may get an advance for performing the journey abroad
. by air.] 3[4-8B. Every Member shall be paid water and electricity allowances at the rate of one thousand rupees per mensem.]
4-C 4[( 1)Subject to such conditions and limitations, as may be prescribed, there may be paid to each Member by way of repayable advance:-
(i) A sum of money not exceeding fifty lac rupees for building or purchasing a house/ flat:
Provided that a Member, who had drawn repayable advance for buildin~ or purchasing a house/ flat and on the repayment thereof along with interest thereon, he may draw second repayable advance not exceeding thirty one lac rupees for the said purpose;
(ii) a sum of money not exceeding three lac rupees for repairs of the house; and
(iii) a sum of money not exceeding rupees fifteen lac or anticipated price, whichever is less for purchase of a motorcar and on the repayment of this advance along with interest thereon, a Member may draw second repayable advance which may be for a period of five years or less depending on the tenure of the Vidhan Sabha; and]
(2r On the acceptance of an application for an advance, the Member shall execute a deed in the prescribed form, undertaking to _use the advance for the purpose for which, and to fulfil the conditions on which, the advance is sanctioned, rendering himself and such property as may have been specified in the deed as security, including the house purchased or built with the aid of the advance liable for the repayment of the loan and interest due thereon:
Provided that no advance for building the house shall be sanctioned unless the plot or land on which the house is to be built, is exclusively IInserted,-vide Punjab Act No. 21 of 2015, vide No. 22-Leg.I:!O 15, dt. 15.05.2015. 2Inserted,-vide Punjab Act No. 13 of 2010, vide No.-Leg.l20 10 dt. 27.10.2010.
"lnserted-vide Punjab Act No.3 of 2003, -vide No.6. Leg/2003, dt. 23.04.2003. 4Sub!'.-vide PunjabAct No. 29 of 20 11,Notification No.42-Legl20 11dated 16.11.201 I.
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owned and possessed by the Member applying therefor, and is free frora all encumbrances.· '
(3) No transfer, assignment or charge made or created after the execution of the deed under sub-section (2), in relation to the property specified therein or the house purchased or built with the aid of the advance, shall be valid against the State Government, unless it has been made or created with its previous consent in writing.
I[(3-A) Where a Member having obtained an advance under 2{sub- section (I)} dies during his term as such Member, the amount of such advance or any part thereof which would have accrued after the date of his death in accordance with the terms and conditions of the grant of the advance along with injerest thereon shall be,written off with the sanction of the prescribed authority.]
(4) The State Government may make rules for carrying out the purposes of this section.
5. (1) The 3[Speaker] may make rules for carrying out the purp'lses of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Speaker may make rules in respect of the following matters, namely:-
(a) Any matter which is required by this Act to be prescribed;
(b) The rates on and circumstances under which travelling and haIting allowances may be drawn and the circumstances under which such allowances may be withheld;
(c) The manner in which distance between any two places should be calculated for the purposes of travelling allowance;
(d) The shortest availabie route by which a journey can be ' performed;
(e) The form in which claims may be presented. the method of scrutiny of claims and the authorities by and the manner in which such claims may be certified and paid;
(f) Provision for residential accommodation of Members mentioned in section 4-A; and
'Inserted-vide Punjab Act No. 11 of 1983, (with effect from 9th May, 1983). 2Subsivide Punjab Act No. 29 of 20 11,Notification No.42-Leg/20 11 dt. 16.112011. 3Substituted for the words "State Government". -vide Punjab Act 23 of 1956 (with effect from 19dt
September, 1956).
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(g). Any other matter connected with or incidental to matters aforesaid.
(3) Until such rules come into force, all matters of detail not covered by this Act shall be governed by the rules hitherto in force for the payment of, allowances to Members, so far as they are applicable. '
6. If any question arises as to the interpretation of this Act or of the rules made thereunder, the matter shall be referred to die Speaker whose decision shall be final.
7. The Punjab Legislative Assembly (Allowances of Members ) Act, 1937 is hereby repealed. "'" " . r
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