The Gujarat Ministers' Salaries and Allowances Act, 1960 1 of 7
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
GUJARAT ACT No. VI OF 1960
The Gujarat Ministers' Salaries and Allowances Act, 1960 ( As modified upto the 31 St August, 2007.)
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THE GUJARAT MINISTERS' SALARIES AND ALLOWANCES ACT, 1960
CONTENTS.
PREAMBLE.
SECTIONS PAGE NO.
1. Short title and commencement.
2. Definitions.
3. Salaries of Ministers and Ministers of State. 3A. Consolidated Allowance to Ministers. 3B. Dearness Allowance to Ministers.
4. Residences of Ministers.
5. Conveyances for Ministers.
6. Salaries of Deputy Ministers. 6A. Consolidated Allowance to Deputy Ministers. 6B. Dearness Allowance to Deputy Minister.
7. Residences of Deputy Ministers.
8. Conveyances for Deputy Ministers.
9. Travelling and daily allowances and residential accommodation at places other than head-quarters.
9A. Travelling allowances on assumption of office by Ministers and on ceasing to be Ministers.
9AA. Free transit by railway.
9AB. Free transit by air.
9B. Telephone facilities to Ministers.
10. Medical attendance.
11. Sumptuary allowance to Chief Minister.
12. Ministers and Deputy Ministers not entitled to salaries and allowances as members of State Legislature.
13. Ministers of State and Deputy Ministers not disqualified.
14. Power of State Government to make rules and orders.
15. Repeal of Gujarat Ordinance No. VI of 1960.
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GUJARAT ACT NO. VI OF 19601
[THE GUJARAT MINISTERS' SALARIES AND ALLOWANCES ACT, 1960.] [ 22nd September, 1960 ]
Amended by Guj. 3 of 1972.
Amended by Guj. 20 of 1973.
Amended by Guj. 21 of 1980.
Amended by Guj. 19 of 1981.
Amended by Guj. 18 of 1982.
Amended by Guj. 29 of 1986.
Amended by Guj. 12 of 1988.
Amended by Guj. 6 of 1992.
Amended by Guj. 20 of 1998
Amended by Guj. 23 of 2005.
An Act to provide for the salaries and allowances of the Minister of the Government of Gujarat and certain other matters.
WHEREAS it is expedient to provide for the determination of the salaries and allowances of the Ministers of the Government of Gujarat and other matters hereinafter appearing; It is hereby enacted in the Eleventh Year of Republic of India as follows: —
1. (1) This Act may be called the Gujarat Ministers' Salaries and Allowances Act, 1960.
(2) It shall be deemed to have come into force on the 1st day of May, 1960.
2. In this Act, unless there is anything repugnant in the subject or context :—
(a) "Maintenance" in relation to a residence includes the payment of rates and taxes due to Government or any local authority and the provisions of electricity, gas and water :
(b) "Minister" and "Deputy Minister" mean respectively a Minister and a Deputy Minister of the Government of Gujarat, and 2 ["Minister" includes—
(i) The Chief Minister,
(ii) The Deputy Chief Minister, and
(iii) Minister of State;]
(c) "Residence" includes the staff quarters and other buildings appurtenant thereto, and the gardens thereof ;
(d) "Rules" and "orders" means rules or orders respectively made under this Act.
3. There shall be paid to each Minister a salary of Rs.3[10,000] per month4[and to each Minister of State a salary of Rs.5[10,000] per month]:
6 [Provided that where the salary of the Members of the Assembly increases by virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960, the salary to be paid to the Minister shall be increased in proportion to the increased in the salary of the Member of the Assembly.]
7 [3A. There shall be paid to each Minister during the Whole of his term of office per month a sum of Rs8[7000] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.]
Short title and
commencement .
Definitions,
Salaries of
Ministers5[and Mi-
nisters of State].
Guj. II of 1960.
Consolidated
Allowance to
Ministers.
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10 [3B. There shall be paid to each Minister during the whole of his term of office per month the dearness allowance on the aggregate amount of the salary, consolidated allowance and the conveyance allowance referred to in sections 3, 3A and subsection
(2) of section 5 respectively, at the rate of dearness allowance applicable to the employees of the State Government.
Explanation.- For the purpose of this section, 'dearness allowance' means the dearness allowance as may be increased by the State Government from time to time after the 1st April, 2005 but does not include dearness allowance already declared prior to the said date.]
4. (1) Each Minister shall be entitled, without payment of rent, to the use of a furnished residence11[in Gandhinagar] throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of Rs. 250 per month.
(2) No charge shall fall on the Minister personally in respect of the maintenance of any residence provided under this section.
(3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders.
5. (1) The State Government may, from time to time, for the use of the Ministers purchase and provide motor cars and other suitable conveyances upto such conditions as regards their maintenance and repairs as may be determined by rules or orders.
12 [(1A) Where, under sub-section (1), the State Government has provided for the use of the Ministers motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.]
(2) There shall also be paid to each Minister a conveyance allowance at the rate of Rs.13[4000] per month.
6. There shall be paid to each Deputy Minister a salary, of Rs.14[10,000] per month.:
15 [Provided that where the salary of the Members of the Assembly increases by virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative Assembly Members Salaries and Allowances Act, 1960, the salary to be paid to the Deputy Minister shall be increased in proportion to the increase in the salary of the Member of the Assembly.]
16 [6A. There shall be paid to each Deputy Minister during the whole of his term of office per month a sum of Rs17[7000] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.] 18 [6B. There shall be paid to the Deputy Minister during the whole of his term of office per month the dearness allowance on the aggregate amount of the salary, consolidated allowance and the conveyance allowance referred to in sections 6, 6A and sub-section (2) of section 8 respectively, at the rate of dearness allowance applicable to the employees of the State Government.
Explanation.- For the purpose of this Section, 'dearness allowance' means the dearness allowance as may be increased by the State Government from time to time after the 1st April, 2005 but does not include dearness allowance already declared prior to the said date"]
7. (1) Each Deputy Minister shall be entitled, without payment of rent, to the use of a furnished residence11[in Gandhinagar] throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of Rs. 150 per month.
(2) No charge shall fall on the Deputy Minister personally in respect of the maintenance of any residence provided under this section.
10 Dearness allowance to Ministers.
Residences of Ministers. Conveyances for Ministers.
Salaries of Deputy Ministers.
Guj. II of 1960. Consolidated
Allowance to
Deputy Ministers. Dearness
Allowance to
Deputy Minister. Residences of Deputy Ministers.
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(3) The expenditure on furnishing the residence provided under this. section shall be on such scale as may be determined by rules or orders.
8. (1) The State Government may, from time to time, for the use of the Deputy Ministers purchase and piovide motor cars and other suitable conveyances, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders.
19 [(1A) Where, under sub-section (1), the State Government has provided for the use of the Deputy Ministers motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.]
(2) There shall also be paid to each Deputy Minister a conveyance allowance at the rate of Rs.20[4000] per month.
9. The Ministers and Deputy Ministers shall be entitled to travelling and daily allowances while touring on public business and suitable residential accommodation at places visited by them on such business, at such rates and upon such conditions as may be determined by the rules or orders.
21 [9A. Subject to any rules or orders made in this behalf by the State Government,
(a) a Minister and a Deputy Minister shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family's effects in respect of the journey to Gandhinagar from his usual place of residence outside Gandhinagar for assuming office;
(b) a Minister or Deputy Minister and members of his family shall be entitled to travelling allowance for himself or themselves and for the transport of effects of the Minister, Deputy Minister or, as the case may be, his family in respect of the journey from Gandhinagar to his usual place of residence outside Gandhinagar on the Minister or the Deputy Minister ceasing to hold his office,
Explanation For the purposes of this section the expression "a member of the family" shall have the same meaning as assigned to it in section 10 and the "family" shall be construed accordingly. 22 [9AA. Every Minister and Deputy Minister shall be provided with facilities which shall entitle them at any time to travel by first class or by second class air conditioned by railway in any part of India in such manner and subject to such conditions as may by rules or orders be presecribed in that behalf:
Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by a Minister or, as the case may be, a Deputy Minister singly or jointly with his spouse and two other members of his family residing with and dependent on him, so however, that the total distance so travelled by the Min- ister or, as the case may be, the Deputy Minister singly in any year does not exceed 10,000 kilometres and the total distance so travelled jointly by the Minister or, as the ease may be, the Deputy Minister and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometres.
Explanation.—For the purpose of calculating the number of kilometres travelled by a Minister or, as the case may be, a Deputy Minister jointly with his spouse and two other members of his family residing with and dependent on him, outside the State of Gujarat, the number of kilometres travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately.
9AB. Every Minister and the Deputy Minister may undertake or perform journey alongwith co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occassions in each year:
Conveyances for
Deputy Ministers.
Travelling and daily
allowances and
residential
accommodation at
place other than
head-quarters.
Travelling
Allowances on
assumption of
office by Ministers
and on ceasing to
be Ministers.
Free transit by
railway.
Free transit by air.
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Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the Minister or, as the case may be, the Deputy Minister."] 9B. (1) Every Minister and Deputy Minister shall during the term of his office be entitled to have23[telephone facilities] at Government cost at the place of residence at Gandhinagar.
(2) No charge shall fall on the Minister and the Deputy Minister personally in respect of, installation of, initial deposit for, rental charges for maintenance of, and calls made from the24[telephone facilities provided.] under sub- section (1).]
10. Subject to rules or orders, a Minister and a Deputy Minister and the members of the family of the Minister or the Deputy Minister as the case may be, who are residing with and dependent on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment.
Explanation.—For the purposes of this section "a member of the family"
means the husband, wife, son, daughter, father, mother, brother or sister.
11. There shall be placed at the disposal of the Chief Minister a sum of Rs. 25 [1,50,000] per year as sumptuary allowance.
12. Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of members of the State Legislature, a Minister or a Deputy Minister shall not be entitled to receive any salary or allowances under such law, although he is a member of the Gujarat Legislative Assembly.
13. For the avoidance of doubt, it is hereby declared that a person shall not be disqualified for being chosen as, or for being a member of the Gujarat Legislative Assembly merely by reason of the fact that he holds the26[office of Minister of State or of a Deputy Minister ].
14.28[(1) The State Government may, by notification in the Official Gazette make rules or orders for carrying out the purposes of this Act.]
(2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1st May, 1960.
(3) Rules or orders made under this section shall have effect as if enacted in this Act.
29 [(4) All rules and orders made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.
(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.]
15. The Gujarat Ministers' Salaries and Allowances Ordinance, 1960 is hereby repealed and the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904 shall apply to such repeal as if that Ordinance were an enactment. -----------------
Telephone facilities
to Ministers.
Medical attendance.
Sumptuary
allowance to Chief
Minister.
Ministers and
Deputy Ministers'
not entitled to
salaries and allowa-
nces as members of
State Legislature.
27 [Ministers of State
and Deputy
Ministers] not dis-
qualified.
Power of State
Government to
make rules and
orders.
Bom. I of 1904.
Repeal of Guj. Ord.
No. VI of 1960.
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1 For Statement of Objects and Reasons, See Gujarat Government Gazette, Extraordinary, Part V, dated the 25th July, 1960, .p. 24.
2 This portion was substituted for the words "Minister" includes the "Chief Minister" " by Guj. 20 of 1973, s. 2.
3 These figures were substituted for the figures "4500" by Guj 23 of 2005, s. 2, Sch., Sr, No 3 (1).
4 These words, letters and figures were added by Guj. 20 of 1973, s. 3(1).
5 These words were added by Guj.20 of 1973, s.3(2).
6 This was added by Guj 23 of 2005,s 2,Sch., Sr.No. 3,1(2).
7 Section 3A was inserted by Guj. 6 of 1992, s. 2, Sch., Sr. No. 3.
8 These figures were substituted for the figures "3500", by Guj, 23 of 2005, s.2 Sr. 3 (2).
10 Section 3B was inserted by Guj. 23 of 2005, s.3.
11 These words were substituted for the words "in Ahmedabad " by Guj. 3 of 1972, s.2.
12 Sub-section(1A) was inserted by Guj. 3 of 1972, s. 3(1).
13 These figures were substituted for the figures "3000" by Guj. 23 of 2005, s. 2, Sch. Sr No. 3(4).
14 These figures were substituted for the figures "45,00" by Guj. 23 of 2005, s.2, Sch. Sr No. 5(1).