Delhi act 008 of 1995 : The Ministers of the Government of the National Capital Territory of Delhi (Salaries and Allowances) Act, 1994

19 Dec 1995
Department
  • Law, Justice and Legislative Affairs Department

The Ministers Of The Government Of The National Capital Territory Of Delhi (Salaries And Allowances) Act, 1994

THE MINISTERS OF THE GOVERNMENT OF THE

NATIONAL CAPITAL TERRITORY OF DELHI

(SALARIES AND ALLOWANCES) ACT, 1994

(ACT NO. 8 OF 1995)

[19thDecember, 1995]

AN

ACT

to provide for the salaries and allowances, etc. of Ministers of the Government of the National Capital Territory of Delhi. Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty-Fifth Year of the Republic of India as follows:--

1. Short title, and commencement.-- (1) This Act may be called the Ministe- rs of the Government of the National Capital Territory of Delhi (Salaries and Allowances) Act, 1994.

(2) It shall come into force on such date1as the Lt. Governor may, by notification in the Official Gazette, appoint.

2. Definitions.-- In this Act, unless the context otherwise requires:--

(a) "Government" means the Government of the National Capital Territory of Delhi;

(b) "Member" means a Member of the Legislative Assembly, not being a Minister;

(c) "Minister" means a Minister appointed under Article 239AA of the Constitution of India and includes the Chief Minister. 2 ["3. Salary Daily Allowances etc. of Ministers.--(1) There shall be paid a salary to each Minister at the rate of3[twenty] thousand rupees per mensum.

(2) Every Minister shall be entitled to receive a daily allowance for each day during the whole of his term at the rate of4[one thousand] rupees.

(3) Every Minister shall be entitled to receive a constituency allowance at the rate of5[eighteen] thousand rupees per mensum.

(4) Every Minister shall be entitled to the reimbursement of actual expenditure annually up to a maximum of6[fifty] thousand rupees on travel within India for self and members of the family.

7 [(5)* * * * * * * * *]

8 [* * * * * * * * *]

9 ["4. Sumpturay Allowance to Ministers.—There shall be paid a sumptuary allowance to each Minister at the rate of four thousand rupees per mensem."]

5. Residence of Minister.-- Each Minister shall be entitled to have a rent free furnished residence throughout his term of office and for a period of fifteen days immediately thereafter, and no charge shall fall on the Minister personally in respect of the maintenance of such residence, and so long as such residence is not provided or he opts to reside in his own accommodation, to every such Mini-

1 1 4 th March, 1 996, see Notification No. F.1 3(8)!95-L.A. Delhi Gazette extraordinary, Part IV page 4dated 14thMarch, 1996. 2 Subs. by sec. 2 of Delhi Act 4 of 2002.

3 Subs. by sec. 2 (d) of Delhi Act 11 of 2011 for the word "ten".

4 Subs. by sec. 2 (e) of Delhi Act 11 of 2011 for the ward " five hundred. "

5 Subs. by sec. 2 (f) of Delhi Act 11 of 2011 for the word eight.

6 Subs. by sec. 2 (g) of Delhi Act 11 of 2011 for the word "thirty five". 7 Sub Section 5 omitted by sec. 3 of Delhi Act 2 of 2007. 8 Proviso omitted by sec. 2 (h) of Delhi Act 11 of 2011. 9 Subs. by sec. 3 of Delhi Act 2 of 2007.

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ster there shall be paid a compensatory allowance of rupees1["twenty thousand"] per mensem or rateable value of his own house or the rent paid by him, whichever is the least, in lieu thereof.

2 ["Explanation.-- For the purpose of this section, "residence" includes the staff quarters, residential offices and other buildings appurtenant thereto and the garden thereof, and "maintenance" in relation to a residence shall include-

(a) providing electricity at the residential offices, staff quarters and the garden of each Minister at the government expense;

(b) provision of water at the government expense;

(c) providing electricity at the residence of the Chief Minister (excluding residential offices, staff quarters and the garden) to the extent of five thousand units consumed per mensem and those of the other Ministers (excluding residential offices, staff quarters and the garden) to the extent of three thousand units consumed per mensem;

(d) payment of local rates and taxes to each Minister."]

6. Conveyance.-- (1) Every Minister shall be entitled to-

(a) free use of a motor car;

(b) the services of a chauffeur; and 3 ["(c) the petrol for the car upto a maximum of 4 [two thousand] litres per mensem at the Government cost:

Provided that the Central Government may, for good and sufficient reasons relax the provisions of this clause in any case subject to such conditions as it may consider necessary"]

(2) The entire expenditure in regard to the maintenance and propulsion of the motor car provided to a Minister under sub-section (1), (other than any expenditure on petrol in excess of the maximum quantity mentioned therein) shall be borne by the Government.

(3) A Minister may opt to use his own motor car in lieu of the motor car to which he is entitled under sub-section (1), above.

(4) A Minister who uses his own motor car, shall be paid a conveyance allowance of rupees one thousand per mensem and in such a case he shall not be entitled to the free use of motor car and other facilities specified in sub- section (1).

7. Travelling and daily allowance.-- (1) Every Minister shall be entitled to travelling and daily allowance in respect of journeys performed by him outside Delhi in the discharge of his official duties at the maximum rates applicable to Group 'A' officers5[of the highest grade] of the Government :

Provided that a Minister shall be entitled to draw only one half of the travelling allowance admissible to him under this section in respect of journeys performed by him in a free official transport.

(2) A Minister may, in the public interest, perform any journey in an aircraft owned by any public air transport undertaking.

(3) Where, due to any official reason, the journey to be performed by a Minister by air is cancelled, the Minister shall be entitled to the reimbursement by Government any deduction made by the air transport undertaking when refunding the fare on account of cancellation of air passage.

1 Subs. by sec. 3 of Delhi Act 1 1 of 201 1 for the word "ten thousand". 2 Subs. by sec. 4 of Delhi Act 2 of 2007. 3 Subs. by sec. 3 of Delhi Act 4 of 1996. 4 Subs. by sec. 4 of Delhi Act 11 of 2011 for the word "one thousand".

5 Ins. by sec. 5 of Delhi Act 2 of 2007.

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(4) A Minister who does not utilize the free transport provided by the air transport undertaking between the air booking centre and the airport, shall also be entitled to be paid the actual travelling expenses or road mileage as for journey on duty by road, in respect of the journey to and from the airport.

(5) A Minister shall be entitled to an advance in respect of the journeys performed by him in the discharge of his official duties outside the territory of Delhi.

1 ["8. Medical Facilities.-- A Minister and members of his family shall be entitled to free medical treatment and or reimbursement and free accommodation for the Minister and members of his family, in hospitals run by the Government and all other panel or referral hospitals empanelled or declared as such by the Government, in accordance with the Medical Attendance Rules and the Delhi Government Employees Health Scheme as amended from time to time on priority basis as available to Group 'A' officers of the highest grade of the Government:

Provided that a compulsory monthly contribution shall be levied from every Minister at the same rate as would be payable by a Group-A officer of the highest grade of the Government and such contribution shall be recoverable from the Monthly Salary Bill of the Minister."]

2 ["9. Telephone Facilities.-- Each Minister shall be provided with such number of telephones, with such ceilings on calls made from the telephones installed at the office and the residence of the Ministers as may be determined by the Lieutenant Governor from time to time."]

10. Ministers not to draw salary and allowances as Member.-- No Minister in receipt of a salary or allowance under this Act shall be entitled to receive any sum by way of salary or allowances in respect of his membership of the Legislative Assembly except what is specifically provided for by and under this Act.

11. Notification respecting appointment of a Minister to be conclusive evidence.-- The date on which any person became, or ceased to be a Minister, shall be published in the official Gazette and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Minister on that date for purposes to this Act.

12. Repeal.-- The Minister of the Government of National Capital Territory of Delhi (Salaries and Allowances) Order, 1993 and the Ministers of the Government of National Capital Territory of Delhi (Salaries and Allowances) (Amendment) Order, 1994 shall cease to have effect as from the date of the enforcement of this Act.

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1 Subs. by sec. 5 of Delhi Act 11 of 2011.

2 Subs. by sec. 2 of Delhi Act 4 of 2003.

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