Uttar Pradesh act 19 of 1978 : The UTTAR PRADESH LEGISLATIVE CHAMBERS (MEMBERS' EMOLUMENTS AND PENSION) (AMENDMENT) ACT. 1978

Department
  • Department of Vidhai Anubhag - 1
Ministry
  • Ministry of Vidhai

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No. 1539/XVII-V-1-48-78

Dated Lucknow, May 29, 1978

IN pursuance of the:provisions of clause (3) of Article 348 of the Constitution of India. the Governor is pleased to order the publication of the following English translation of the Uttar Pradesh Vidhan Mandal (Sadasyon Ki Uplabdhiyon Ka) (Sanshodhan) Adhiniyam, 1978 (Uttar Pradesh Adhiniyam Sankhya 19 of 1978)as passed by the Uttar Pradesh Legislature and assented to by the Governor on May 28, 1978.

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387 ;It! trifiSitTur 1TVe, 29 Tit, 1978

THE UTTAR PRADESH LEGISLATIVE CHAMBERS (MEMBERS' EMOLUMENTS AND PENSION) (AMENDMENT) ACT. 1978

[U. P. Mr No. 19 OF 1978] (As passed by the Uttar Pradesh Legislature)

AN ACT

further to amend the Uttar Pradesh Legislative Chambers (Members' Emoluments and Pension) Act, 1952

IT IS HEREBY enacted in the Twenty-ninth Year of the Republic of India as follows:—

Short title.

1. This Act may be called the Uttar Pradesh Legislative Chambers (Mem- bers' Emoluments and Pension) (Amendment) Act, 1978.

Amendm

x ent of 2. In section 2 of the Uttar Pradesh Legislative Chambers (Members'

Actsection 2 of U.P. Emoluments and Pension) Act, 1952, hereinafter referred to as the principal no. n of 1952. Act, for sub-sections (1), (1-A) and (2), the following sub-sections shall be

substituted, namely:—

"0) Each member of the Uttar Pradesh Legislative Assembly or the Uttar- Pradesh Legislative Council, who does not hold the office of Minister, Speaker, Chairman, Deputy Minister, Deputy Speaker, Deputy Chairman or Parliamen- tary Secretary, shall be provided, in the manner and from the date to be pres- cribed by rules—

(a) with free non-transferable rail travel money value coupons entitl- ing him to travel in first class within Uttar Pradesh, at any time and by any railway ;

(b) with free non-transferable rail travel money value coupons of such value as may entitle him to travel in first class outside Uttar Pradesh at any time and by any railway to a maximum limit of 15,000 Kilometres per year, as the State Government may, from time to time, determine in consultation with the Railway Board :

Provided that such member may in such manner as may be prescribed by rules, use the said coupons, for journey by rail also for taking with himself one companion in the following cases—

for each session of the Legislative Assembly or the Legislative Council, as the case may be, not more than twice, for coming to Lucknow from the railway station nearest to the place of his residence and going back from Lucknow to such railway station ;

in the case of a woman member, for such journey, as if performed by her for her attendance required in connection with her duties and functions as such member and for return, after such attendance, to her place of residence :

Provided further that such member may, in such manner as may be prescribed, use the said coupons, for taking with him other members of his family also in journeys by rail within or outside Uttar Pradesh, so, however, that the cost of journeys in aggregate, including the cost of journeys made by him outside Uttar Pradesh and by the members of his family whether within or outside Uttar Pradesh, shall be subject to the maximum limit as may be determined in accordance with clause (b):

Provided also that where the value of the coupons determined under clause (b) is not a multiple of one hundred rupees, the same shall be rounded off to nearest multiple of one hundred rupees, that is to say a part of hundred rupees which is less than rupees fifty shall be ignored and any other part shall be counted as one hundred rupees

(c) with free non-transferable pass entitling him to travel within the State of Uttar Pradesh at any time by the Uttar Pradesh State Road Transport Corporation bus, in the highest class, if any, without payment of passenger tax due under any law for the time being in force.

(2) For journeys other than those required in connection with public busi- ness, each member of the Uttar Pradesh Legislative Assembly or the Uttar Pradesh Legislative Council who holds any of the offices mentioned in sub• - section (1) shall be provided with free non-transferable rail travel money value coupons mentioned in clauses (a) and (b) of sub-section (1) and shall be entitled

4 .1 ' mwéwnmamm, 29 17%, 1973 ___§____. THE UTTAR PRADESH LEGISLATIVE CHAMBERS (MEMBERS’ » EMOLUMBNTS AND PENSION) (AMENDMENT) ACT. 1978 ‘ [U. P. ACT No. 19 OF 1978] A - (As passed by the Uttar Pradesh Legislature) AN ACT further to amend the Uttar Pradesh Legislative Chambers (Members’ Emaluments and Pension) Act, 1952 f 11 IT IS HEREBY enacted in the Twenty-ninth Year of the Republic of India as o ows:—- - Short title. 1. This Act may be called the Uttar Pradesh Legislative Chambers (Mem- > bers’ Emoluments and Pension) (Amendment) Act, 1978. Amendzment of 2. In section20f the Uttar Pradesh Legislative Chambers (Members' iegigg §§1U“§§ Emoluments and Pension) Act, 1952, hereinafter referred to as the principal ”52. ' Act, for sub-sections (l), (l-A) and (2), the following sub-sections shall be substituted, namely :— "(1) Each member of the Uttar Pradesh Legislative Assembly or the Uttar Pradesh Legislative Council, who does not hold the office of Minister, Speaker, Chairman, Deputy Minister, Deputy Speaker, Deputy Chairman or Parliamen- tary Secretary, shall be provided, in the manner and from the date to be pres- cribed by rules— ' (a) with free non-transferable rail travel money value coupons entitl- ing him to travel in first class within Uttar Pradesh, at any time and by any railway ; (b) with free non-transferable rail travel money value cou ons of such value as may entitle him to travel in first class outside tar Pradesh at any time and by any railway to a maximum limit of 15,000 Kilometres per year, as the State Government may, from time to time, determine in consultation with the Railway Board : .- Provided that such member may in suchmanner as may be prescribed by rules, use the said coupons, for journey by rail also for taking With himself one companion in the following cases—— (i) for each session of the Legislative Assembly or the Legislative Council, as the case may be, not more than twrce, for coming to Lucknow from the railway station nearest to the place of his reSidence and going back from Lucknow to such railway station ; (ii) in the case of a woman member, for such journey, as if performed by her for her attendance required in connection With her duties and functions as such member and for return, after such attendance, to her place of residence : Provided further that such member may,in such manner as may be prescribed, use the said coupons,for taking with .him other members of his family also in journeys by rail within or outside Uttar Pradesh, so, . however, that the cost of journeys in aggregate, including the cost of journeys made by him outside Uttar Pradesh and by the members of his family whether within or outside Uttar Pradesh, shall be subject to the maximum limit as may be determined in accordance With clause (b) : - Provided also that where the value of the coupons determined under clause (b) is not a multiple of one hundred rupees, the same shall be rounded ofi‘ to nearest multiple of one hundred rupees, that 15 to say a part of hundred rupees which is less than rupees fifty shall be ignored . and any other part shall be counted as one hundred rupees ; ' (c) with free non-transferable pass entitling him to travel within the , State of Uttar Pradesh at any time by the Uttar Pradesh State Road . Transport Corporation bus, in the highest class, if any, without payment of passenger tax due under any law for the time being in force. (2) For journeys other than those required in connection with public busi- - ness, each member of the Uttar Pradesh Legislative Assembly or the Uttar Pradesh Legislative Council who holds any of the offices mentioned in sub- '- section (1) shall be provided with free non-transferable rail travel money value '- coupons mentioned in clauses (a) andv(b) of sub-section (1) and shall be entitled ,

7977,171 1•7'477,11-743:t 2 9 lit, 1978

to use, in such manner as may be prescribed, the said coupons for taking with him other members of his family also in journeys by rail within or outside Uttar Pradesh, so, however, that such distance in aggregate, including the distance of journeys made by him outside Uttar Pradesh and by the members of his family whether within or outside Uttar Pradesh, shall be, subject to the aforesaid maxi- mum limit of 15,000 Kilometres per year.

Explanation—For the purposes of sub-sections (1) and (2) — (0 the distance between any two-railway stations within the limits of

Uttar Pradesh shall be excluded in computing the distance of journeys by rail outside Uttar Pradesh ;

(ii) the expression 'year' means a period of twelve months commenc- ing on the first day of June, and ending on the 31st day of May next following.

(3) Subject to such conditions and restrictions as may be prescrioed, each member referred to in sub-section (I) shall be entitled for his attendance required

p .trp 333S connected with his duties or functions as such member, to— : (a) incidental charges for journeys for the said purposes, namely, for

attendance in each session of the Legislative Assembly or Legislative Council, as the case may be, or at any sittings of any committee thereof, only for coming to the place of sitting and going back to his residence not more than twice in a calendar month ;

incidental charges for participating in a meeting called by the Speaker or the Chairman, as the case may be, for coming to the place of meeting and for going back to his residence;

incidental charges for journeys performed by him as Chairman of a Committee in connection with the work of the Committee, other than a meeting of the Committee, for coming to Lucknow and for going back to his residence not more than twice in a calendar month ; and

(d) daily allowance at the rate of rupees fifteen :

Provided that no daily allowance shall be payable to the Leader of the .70oposition.

Explanation—In this Act, the expression 'the Leader of the Opposition' c.ineans the member of the Uttar Pradesh Legislative Assembly who is for the , time being recognised as such by the Speaker of the Legislative Assembly."

3. In section 5 of the principal Act, sub-section (3) shall be omitted. AM *aft** at section 5.

By order, R. C. DEO SHARMA ,

Sachiv.

:07itr0ifit0--70t0 64 1110(f6410)-29-5-78--( 665)-1978-860 (4vo)

3577:1337 earl-trams 2 9 as”, 1978 IO use, in such manner as may be prescribed, the said coupons for taking with him other members of his family also in journeys by rail within or outside Uttar 3' Pradesh, so, however, that such distance in aggregate, including the distance of "£3: purposes connected with his duties or functions as such member, to— ‘ journeys made by him outside Uttar Pradesh and by the members of his family - whether Within 0r outside Uttar Pradesh, shall be, subject to the aforesaid maxi‘ v, mum limit of15,000 Kilometres per year. Explanation—For the purposes of sub-sections (I) and (2)— Uttar Pradesh shall be excluded in computing the distance of journeys by rail outside Uttar Pradesh F (ii) the expression ‘year' means a period of twelve months commeno ing on the first day of June, and ending on the 31st day of May next following. (3) Subject to such conditions and restrictions as may be prescribed, each member referred to in sub-section (1) shall be entitled for his attendance required (a) incidentalcharges for journeys for the said purposes, namely, for attendance in each session of the Legislative Assembly or Legislative Council, as the case may be, or at any sittings of any committee thereof, only for coming to the place of sitting and going back to his residence not more than twice in a calendar month ; (b) incidental charges for participating in a meeting called by the Speaker or the Chairman, as the case may be, for coming to the place of meeting and for going back to his residence; "(0) incidental charges for journeys performed by him as Chairman of 'a Committee in connection with the work of the Committee, other than a meeting of the Committee, for coming to Lucknow and for going back to his residence not more than t-Wioe in a calendar month ; and (:1) daily allowance at the rate of rupees fifteen : Provided that no daily allowance shall be payable to the Leader of the pposition. ‘ - EXplanation—In this Act, the expression ‘the Leader of the Opposition’ “cans the member of the Uttar Pradesh legislative Assemby who is for the time being recognised as such by the Speaker of the Legislative Assembly." 3. In section 5 of the principal Act, sub-section (3) shall be emitted. magnum a! , seceion . By order, R. C. DEO SHARMA, Sachr‘v. fi0¢eognfio--nofio' 64 ero(fwro)—-29—s—7s--(ses)——197a——aoo (two) I

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