Tamil Nadu act 020 of 1951 : The TAMIL NADU PAYMENT OF SALARIES ACT, 1951

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THE TAMIL NADU PAYMENT OF SALARIES ACT, 1951

(TAMIL NADU ACT XX OF 1951)

(Received the assent of the Governor on the 10th September 1951, First published in the Fort St. George Gazette Extraordinary on 11th September 1951). An Act to provide for the salaries and allowances of Ministers, the Speaker and the Deputy Speaker, Parliamentary Secretaries,¹Leader of the Opposition, Chief Government Whip and Members of the Legislative Assembly.

WHEREAS it is expedient to provide by an Act of the Legislature for the salaries and allowances of Ministers, the Speaker and the Deputy Speaker, Parliamentary Secretaries,¹Leader of the Opposition, Chief Government Whip and Members of the Legislative Assembly.

It is hereby enacted as follows:—

1. This Act may be called the²Tamil Nadu Payment of Salaries Act, 1951.

2. In this Act— (1)³Omitted.

(2) "Speaker" and "Deputy Speaker" means the Speaker and Deputy Speaker respectively of the Legislative Assembly.

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3.³(1) There shall be paid to the Chief Minister,

5 Deputy Chief Minister and to each of the other Ministers who are members of the Governor's Council of Ministers, a salary of²Thirty thousand rupees per mensem¹and, subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fi x with reference to the prevailing rate of rent for the house the Minister occupies in the City of⁴Chennai; but the house rent shall not be paid to any Minister if he occupies a house provided by the State Government free of rent.

3 (2) There shall be paid to the Chief Minister,

5 Deputy Chief Minister and to each of the other ministers who are members of the Governor's Council of Ministers, a compensatory allowance of²Fifteen thousand rupees per mensem.

(3) There shall be paid to the Chief Minister,

5 Deputy Chief Minister and to each of the other Ministers who are Members of the Governor's Council of Ministers.-

(a) a contingency allowance of²Ten thousand rupees per mensem; and

(b) a constituency allowance of²Twenty fi ve thousand rupees per mensem.

4. (1) There shall be paid to the Speaker a salary of²Thirty thousand rupees per mensem¹and, subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Salaries

and

Allowances

of Ministers

Salaries and

Allowances

of Speaker

and Deputy

Speaker

1. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1986 (Tamil Nadu Act No.69 of 1986) (With eff ect from 4th June 1986)

2 . Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With eff ect from 1st July, 2017)

3. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act,

1 997 (Tamil Nadu Act No.52 of 1 997) (With eff ect from 1 st April, 1 997)

4. Vide Tamil Nadu Payment of Salaries (second Amendment) Act 2006, (TN Act No. 31 of 2006) (w.e.f. 1st September 2006)

5. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2009 (Tamil Nadu Act No.13 of 2009) (With eff ect from 29th May, 2009)

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Department of the State Government may, from time to time, fi x with reference to the prevailing rate of rent for the house the Speaker occupies in the City of Chennai; but the house rent shall not be paid to the Speaker if he occupies a house provided by the State Government free of rent.

1 (2) There shall be paid to the Deputy Speaker a salary of²Thirty thousand rupees per mensem³and, subject to such maximum limit as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fi x with reference to the prevailing rate of rent for the house the Deputy Speaker occupies in the City of Chennai; but the house rent shall not be paid to the Deputy Speaker if he occupies a house provided by the State Government free of rent. 4 (3) There shall be paid to the Speaker and Deputy Speaker, a compensatory allowance of²Fifteen thousand rupees per mensem.

2 (4)(a) There shall be paid to the Speaker,—

(i) a contingency allowance of²Ten thousand rupees per mensem; and

1. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act No. 24 of 1979) (With effect from 1st April 1978)

2 . Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With eff ect from 1st July, 2017)

3. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1986 Tamil Nadu Act No.69 of 1986) (With eff ect from 4th June 1986).

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act,1997 (Tamil Nadu Act No.52 of 1997) (With eff ect from 1st April,1997).

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(ii) a constituency allowance of⁶Twenty fi ve thousand rupees per mensem.

(b) There shall be paid to the Deputy Speaker:—

(i) a contingency allowance of⁶Seven thousand and fi ve hundred rupees per mensem; and

(ii) a constituency allowance of⁶Twenty fi ve thousand rupees per mensem.

5 . Omitted.⁵

1 6 (i) There shall be paid to each of the Parliamentary Secretaries a salary of²two thousand and seven hundred rupees per mensem. 3 (1-A) There shall be paid to each of the Parliamentary Secretaries⁴subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fi x with reference to the prevailing rate of rent for the house the Parliamentary Secretary occupies in the City of Chennai; but the house rent shall not be paid¹if he occupies a house provided by the State Government free of rent.

Salaries,

allowances

of Parlia-

mentary

Secretary.

1. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1989 (Tamil Nadu Act No.11 of 1989) (With eff ect from 1st April

1986)

2 . Vide Tamil Nadu Payment of Salaries (Third Amendment) Act, 1995 (Tamil Nadu Act No. 40 of 1995) (With eff ect from 1st April

1995)

3. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1981 Tamil Nadu Act No.38 of 1981) (With eff ect from 9th June 1980).

4. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1986 (Tamil Nadu Act No.69 of 1986) (With eff ect from

4 th June, 1986).

5. Vide Tamil Nadu Adaptation of Laws Order, 1987 (With eff ect from 1st November, 1986).

6. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With effect from

1 st July 201 7)

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1 (2) Deleted. 2 6-A. (1) There shall be paid to the Leader of the Opposition in the Legislative Assembly a salary of

3 Thirty thousand rupees per mensem 4 and subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fi x with reference to the prevailing rate of rent for the house the Leader of Opposition in the Legislative Assembly occupies in the City of Chennai; but the house rent shall not be paid to the Leader of the Opposition in the Legislative Assembly⁵if he occupies a house provided by the State Government free of rent.

Provided that clause (a) of sub-section (1) of Section 12 shall not apply to the holder of the offi ce mentioned in this sub-section.

(2) There shall be paid to the Chief Government Whip in the Legislative Assembly a salary of

3 Thirty thousand rupees per mensem 4 and, subject to such maximum limit,as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fi x with reference to the prevailing rate of rent for the house the Chief Government Whip in the Legislative Assembly occupies in the city of Chennai; but the House rent shall not be paid to the

1. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1989 (Tamil Nadu Act No.11 of 1989) (With eff ect from 1st April 1986)

2. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act No.24 of 1979) (With eff ect from 1st April 1978)

3. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With effect from 1st July 2017)

4. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1986 (Tamil Nadu Act No. 69 of 1986) (With eff ect from 4th June 1986)

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Chief Government Whip in the Legislative Assembly 1 if he occupies a house provided by the State Government free of rent.

2 Provided that clause (a) of sub-section (1) of Section 12 shall not apply to the holder of the offi ce mentioned in this sub-section.

3 (3) There shall be paid to the Leader of the Opposition and Chief Government Whip in the Legislative Assembly, a compensatory allowance of

4 Fifteen thousand rupees per mensem. ⁶(4) There shall be paid to the Leader of the Opposition and Chief Government Whip in the Legislative Assembly:—

(i) a contingency allowance of⁴Seven thousand and fi ve hundred rupees per mensem; and

(ii) a constituency allowance of⁴Twenty fi ve thousand rupees per mensem. 6-B. (1) Where a Minister,⁵the Speaker, the Deputy Speaker, a Parliamentary Secretary, the Leader of the Opposition in the Legislative Assembly¹or the Chief Government Whip in the Legislative Assembly occupies any house provided by the State Government free of rent, such house shall, at the cost of the State Government, be furnished and maintained and be provided with such amenities as may be prescribed. Houses to

be furnished

and

maintained

at the

cost of

Government

in certain

cases

1. Vide Tamil Nadu Adaptation of Laws Order, 1987 (with eff ect from 1st November, 1986)

2. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1995 (Tamil Nadu Act No.40 of 1995) (With eff ect from 1st April 1995)

3. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1997 (Tamil Nadu Act No.52 of 1997) (With eff ect from 1st April 1997)

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With effect from

1 st July 201 7).

5. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1979 (Tamil Nadu Act No. 24 of 1979) (With eff ect from 1st April 1978)

6. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 2005 (Tamil Nadu Act No. 5 of 2005) (With eff ect from 1st April 2005)

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Explanation.—For the purpose of this sub-section

"maintained" in relation to a house includes paying local rates and taxes and providing electricity and water.

(2) Where a Minister, the Speaker, the Deputy Speaker, a Parliamentary Secretary, the Leader of Opposition in the Legislative Assembly¹or the Chief Government Whip in the Legislative Assembly¹is paid a house rent under Sections¹3,4,6 or 6-A, as the case may be, the house which he occupies in the City of Chennai shall, at the cost of State Government be²furnished and maintained and be provided with such 'amenities' as may be prescribed. Explanation.—For the purpose of this sub-section

"maintained" in relation to a house does not include paying local rates and taxes but includes providing electricity and water:

Provided that such cost shall not exceed such limits as may be prescribed.

7. (1) The State Government may from time to time, provide suitable conveyances for the use of the Ministers, the Speaker, the Deputy Speaker,³the Parliamentary Secretary, the Leader of Opposition in the Legislative Assembly¹and the Chief Government Whip in the Legislative Assembly subject to the provisions of sub-section (2) and⁴to such rules as may be made by the State Government regarding the maintenance and repair of and the supply of petrol, for such conveyances.

Conveyance

to be

provided for

Ministers

the

Speaker,

the Deputy

Speaker,

etc.

1 . Vide Tamil Nadu Adaptation of Laws Order, 1 987 (with eff ect from 1st November, 1986)

2 . Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1981 (Tamil Nadu Act No.38 of 1981) (With eff ect from 9th June,

1980).

3 . Vide Tamil Nadu Payment of Salaries (Amendment) Act,

1 989 (Tamil Nadu Act No.1 1 of 1 989) (With eff ect from 1 1 th February,1989).

4 . Vide Tamil Nadu Payment of Salaries ( Second Amendment) Act, 1973 (Tamil Nadu Act No.40 of 1973) (With eff ect from 19th December, 1973).

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¹(2) The State Government shall meet-

(i) any liability arising with eff ect on and from the 3rd December 1953 out of the use of any conveyance provided under sub-section (1) incurred to third parties by²a Minister or the Speaker as the case may be or any person in his employment;

(ii) any liability arising with eff ect on and from the 1st June 1970 out of the use of any conveyance provided under sub-section (1) incurred to third parties by the Deputy Speaker,²or Leader of the Opposition in the Legislative Assembly or the Chief Government Whip in the Legislative Assembly as the case may be or any person in his employment; and ³(iii) any liability arising with effect on and from the 11th day of February 1989 out of the use of any conveyance provided under sub-section

(1) incurred to third parties by the Parliamentary Secretary or any person in his employment.

8. A Minister, the Speaker or a Parliamentary Secretary shall-

(a) in respect of the journey for assuming offi ce to the City of Chennai from his usual place of residence in the State, if it is outside the City; and

(b) in respect of the journey on relinquishing offi ce from the City of Chennai to his usual place of residence in the State before he assumed offi ce, if such place is outside the City, be entitled to travelling allowances for himself and the members of his family and for the transport of his personal eff ects, at such rates and upon such conditions as may be determined by rules made by the State Government; and until Travelling

Allowance

of Ministers

etc., for

assuming

and

relinquishing

offi ce.

1. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1970 (Tamil Nadu Act No. 23 of 1970) (With eff ect from 1st June 1970).

2 . Vide Tamil Nadu Adaptation of Laws Order, 1987 (with eff ect from 1st November, 1986)

3 . Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1989 (Tamil Nadu Act No.11 of 1989) (With eff ect from 11th February,

1989).

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such rules are made at such rates, and upon such conditions as were applicable to them immediately before the commencement of this Act.

9. (1) The holders of the offi ces referred to in section¹3, 4, and 6 shall, in respect of their tours, be entitled to travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government; and until such rules are made at such rates and upon such conditions as were applicable to them immediately before the commencement of this Act.

2 (2) The holders of the offi ce referred to in Section 6-A shall be entitled to travelling and daily allowances for attending the functions organised by the State Government or by any offi cer of any department of that Government in the performance of his functions as an offi cer of such department, at such rates and upon such conditions as may be determined by rules made by the State Government.

(3) Without prejudice to the provisions contained in section 14, the State Government may make rules under sub-section (2) so as to have retrospective eff ect on and from a date not earlier than the 19th January 1984.

9-A. Notwithstanding anything contained in this Act, while the offi ce of the Speaker is vacant and the duties of the offi ce are performed by the Deputy Speaker or a Member of the Legislative Assembly as provided in clause (1) of Article 180 of the Constitution, the Deputy Speaker or the Member shall, during the Travelling

and Daily

Allowance

of Ministers,

etc.

Salaries and

Allowances

of Deputy

Speaker or

Member of

Legislative

Assembly

while

performing

duties of

Speaker.

1. Vide Tamil Nadu Adaptation of Laws Order, 1987 (with eff ect from 1st November, 1986)

2. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1984 (Tamil Nadu Act No.11 of 1984) (With eff ect from 19th January,

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period he so performs such duties, be paid salary and allowances and be entitled to the use of a house free of rent and a suitable conveyance and to free accommodation in hospitals and free medical treatment in the same manner, to the same extent and subject to the same conditions as the Speaker is paid or entitled to under sections 4,¹6-B, 7, 8, 9 and 10 and the rules made under section-9. Provided that, during the period aforesaid, the Deputy Speaker or the Member shall not be entitled to the salary and allowances including free accommodation in hospitals and medical treatment attached to the Offi ce of Deputy Speaker or Member of the Legislative Assembly, as the case may be. 2 9-B Omitted.

10. Subject to such conditions as may be determined by rules made by the State Government, a Minister, the Speaker, the Deputy Speaker or the Parliamentary Secretary shall for himself and the members of his family be entitled free of charge to accommodation in hospitals maintained by the State Government and also to medical treatment. 11.³Omitted.

Ministers,

Speaker

or Deputy

Speaker

and his

family be

entitled

to free

accommo-

dation

in State

hospitals

and to free

medical

treatment.

1. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1970 (Tamil Nadu Act No. 23 of 1970) (With eff ect from 3rd October,

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12. (1) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in sections 3, 4, 6 and 6-A shall be entitled to receive—

(a) a salary of⁴Thirty thousand rupees per mensem.

(b) travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government, and until such rules are made at such rates and upon such conditions as were applicable to the Members of the Legislative Assembly immediately before the commencement of this Act.

2 (1-A) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in sections 3, 4, 6 and 6-A shall be entitled to receive Compensatory allowance of⁴Ten thousand rupees per mensem.

3 (1-AA) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in sections 3, 4, 6 and 6-A shall be entitled to receive a Constituency allowance of⁴Twenty fi ve thousand rupees per mensem and a postal allowance of¹Two thousand and fi ve hundred rupees per mensem. Salaries and

allowances

of Members

of

Legislative

Assembly .

1. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 2008 (Tamil Nadu Act No.47 of 2008) (With effect from 1st April, 2008).

2. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1971 (Tamil Nadu Act No.45 of 1971) (With effect from 1st October, 1971).

3. Vide Tamil Nadu Payment of Salaries (Amendment) Act,

1 992 (Tamil Nadu Act No.33 of 1 992)

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With eff ect from 1st July, 2017).

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⁵(2) The salary referred to in clause (a) of sub-section (1) the¹compensatory allowance referred to in sub-section(1-A),²the constituency allowance³and the postal allowance referred to in sub-section (1-AA) and the telephone allowance referred to in sub-section (4-B) shall accrue to a Member from the date on which he is declared duly elected, or if such declaration is made before the vacancy occurs, from the date of occurrence of the vacancy;

Provided that the salary, the¹compensatory allowance²the constituency allowance,³the postal allowance and the telephone allowance shall not be paid until the Member has made and subscribed the oath or affi rmation referred to in Article 188 of the Constitution.

(2-A) 4 Omitted

1 Vide Tamil Nadu Payment of Salaries (Amendment) Act,1975 (Tamil Nadu Act No.35 of 1975) (With eff ect from 1st April,

1 975).

2 Vide Tamil Nadu Payment of Salaries (Amendment) Act,1992 (Tamil Nadu Act No.33 of 1992)

3 . Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1994 (Tamil Nadu Act No.35 of1994) (With eff ect from 1st April, 1993).

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2021 (Tamil Ndu Act No.19 of 2021) (with eff ect from 27th September,

2021).

5. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2022 (Tamil Ndu Act No.32 of 2022) (with eff ect from 13th June, 2022).

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1 (2-AA) Where any Member of the Legislative Assembly dies before the expiry of the term of his offi ce, his family shall be paid a lump-sum allowance of³Five lakh rupees.

(2-B)³The lump-sum allowance payable under sub-section (2-AA) shall be paid to the members of the family in equal shares.

Explanation:—The expression, "family" means the wife or husband of the deceased Member and his or her minor sons, unmarried daughters and parents.

²(3) Every Member referred to in sub-section (1), shall subject to such conditions as may be determined by rules made by the State Government, be entitled to allotment of an Apartment on payment of rent of Rupees two hundred and f i f ty per mensem.

1 Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1990 (Tamil Nadu Act No.4 of 1990) (With effect from 27th January 1989).

2 Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2020 (Tamil Nadu Act No.36 of 2020) (With effect from 27th May 2018).

3 Vide Tamil Nadu Payment of Salaries (Amendment) Act,

2 02 1 (Tamil Nadu Act No.19 of 2 02 1) (With effect from 1st April 2020).

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1 (3-A) Every Member of the Legislative Assembly including any such Member who holds any of the offi ces referred to in sections 3, 4, 6 and 6-A, who on prior intimation to the State Government, undergoes surgery relating to—

(a) heart;

(b) kidney; or

(c) any other part of the body which the State Government may consider to be a major surgery; in any hospital maintained by the Central Government, any State Government or any Union Territory Administration, or in any private hospital situated in the territory of India, shall be entitled to fi nancial assistance subject to such conditions as may be prescribed.

1 Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1990 (Tamil Nadu Act No.37 of 1990) (With eff ect from 1st May 1990).

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(4)⁴Subject to such conditions and during such period as may be determined by rules made by the State Government:—

(a) every Member referred to in sub-section (1) and members of his family;

(b) every person who had been a Member of the Legislative Assembly or of the Legislative council or of both, but ceased to be such Member at any time and members of his family; and

(c) the members of the family of the deceased Member of the Legislative Assembly or of the Legislative Council or of both;

shall be entitled free of charge to accommodation in the hospitals maintained by the State Government and also to medical treatment.

Proviso - Omitted.⁴

³(4-A) (a) Every Member referred to in sub-section (1) shall be provided with one free non- transferable pass which shall entitle him to travel 2 either singly or with his 1 or her spouse or with any other companion at any time in any part of the State of Tamil Nadu²by any bus run and operated 2 by any Transport Corporation owned by the State Government.

⁵Provided that in case of air conditioned sleeper buses, the spouse or companion of such member shall be provided seating facillity only.

1. Vide Tamil Nadu Payment of Salar ies (Amendment) Act,1980 (Tamil Nadu Act No.10 of 1980) (with eff ect from 5th March, 1980)

2 . Vide Tamil Nadu Payment of Salaries (Amendment) Act,1979 (Tamil Nadu Act No.24 of 1979) (with eff ect from 1st October, 1978)

3. Vide Tamil Nadu Payment of Salaries (Amendment) Act,1979 (Tamil Nadu Act No.28 of 1979) (with eff ect from 1st June, 1978)

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2010 (Tamil Nadu Act No.1 of 2010) (with eff ect from 1st April, 2009)

5 . Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2021 (Tamil Ndu Act No.19 of 2021) (with eff ect from 27th September

2021).

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(b) The pass referred to in clause (a) shall be issued by such authority and in such manner as may be prescribed and shall be valid for the term of his offi ce and on the expiration of such term, the pass shall be surrendered to the Secretary, Legislative Assembly Secretariat.³

Provided that where any such pass is issued to a new Member before he takes his seat in the Legislative Assembly, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.

(c) Nothing in this sub-section shall be construed as disentitling a Member of the Legislative Assembly to any travelling allowance to which he is otherwise entitled under the provisions of this Act. 1 (4-B) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in 2 sections 3,4,6 and 6A shall be entitled to receive telephone allowance of⁴Seven thousand and fi ve hundred rupees per mensem irrespective of the fact whether he has any telephone or not. ⁵(4-C) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in 2 sections 3,4,6 and 6A shall be entitled to have a telephone at his residence, the installation expenses of which shall be met with by the State Government.

1 Vide Tamil Nadu Payment of Salaries ( Second Amendment) Act, 1982 (Tamil Nadu Act No.24 of 1982) (With eff ect from 1st April 1982)

2 Vide Tamil Nadu Adaptation of Laws Order, 1987 (With eff ect from 1st November 1986)

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1. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2000 (Tamil Nadu Act No.36 of 2000) (With eff ect from 1st June 2000)

2. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act No.35 of 1975) (With eff ect from 1st April 1975)

3. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1992 (Tamil Nadu Act No.33 of 1992)

4 . Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1994 (Tamil Nadu Act No.35 of 1994) (With eff ect from 1st April 1993)

5 . Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2018 (Tamil Nadu Act No.1 of 2018) (With eff ect from 1st July, 2017)

6. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2010 (Tamil Nadu Act No.15 of 2010) (With eff ect from 1st April, 2010) 1 (4-D) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in section 3, 4, 6 and 6-A shall be entitled to receive a consolidated allowance of⁵Five thousand rupees per mensem towards the payment by such Member to an attendant who renders assistance to him. 6 (4-E) Every Member of the Legislative Assembly who does not hold any of the offi ces referred to in 2 sections 3,4,6 and 6A shall be entitled to receive a vehicle allowance of⁵Twenty fi ve thousand rupees per mensem.

(5) The salary referred to in clause (a) of sub-section (1),⁴the compensatory allowance referred to in sub-section (1-A),⁵the constituency allowance 6 and 3 the postal allowance referred to in sub-section (1-AA) and telephone allowance referred to in sub- section (4-B) and the consolidated allowance referred to in sub-section (4-D),and the vehicle allowance referred to in sub-section (4-E), shall not be taken into account for the purpose of calculating the total income of a member under any rule or order relating to medical treatment in hospitals maintained by the State Government or to the grant of educational concession of scholarship or to such other matters as may be prescribed.

(6) Removal of doubts.—For the removal of doubts it is hereby declared that no Member of the Legislative Assembly or of the Legislative Council referred to in section 12 of the principal Act, shall be entitled to claim a salary of two hundred and fi fty rupees per mensem under the principal Act as amended by this Act for any period prior to the 1st day of April 1964.

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1 12-A (1) Every Member of the Legislative Assembly including any such Member who holds any of the offi ces referred to in sections 3,4, and 6 shall, for every fi nancial year, be entitled to receive in such manner and subject to such conditions, as may be prescribed, a sum of²twenty thousand rupees in two equal instalments payable in the month of April and October for the purpose of travelling either singly or with his or her spouse or any other relative in one or more journeys by any class by any railway in India.

3 Provided that transit by railway allowance under this sub-section shall not be paid to any member who is in receipt of free railway pass issued by the Central Government or by any other authority for having been a Member of Parliament.

(2) Nothing in this section shall be construed as disentitling a Member of the Legislative Assembly to any travelling allowance to which he is otherwise entitled under the provisions of this Act. 6 12-B Pension.— 7 (1) There shall be paid a pension of⁵Twenty fi ve thousand rupees per mensem to every person who after the⁴15th day of August 1947, had been or is a Member of the Legislative Assembly or of the Legislative Council or of both. Transit by

Railway

Allowance

1. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1986 (Tamil Nadu Act No.69 of 1986) (With eff ect from 1st April,

1987).

2. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 2007 (Tamil Nadu Act No.31 of 2007) (With eff ect from 1st April,2007).

3. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1995 (Tamil Nadu Act No.11 of 1995)

4 . Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1982 (Tamil Nadu Act No.10 of 1982) (With eff ect from 9th March, 1982).

5. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2021 (Tamil Ndu Act No.19 of 2021) (With eff ect from 1st April 2020).

6. Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1975 (Tamil Nadu Act No.52 of 1975) (With eff ect from 9th December, 1975).

7. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1980 (Tamil Ndu Act No.10 of 1980) (With eff ect from 13th March,

1980

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1. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1982 (Tamil Nadu Act No.10 of 1982) (With effect from 9th March, 1982).

2. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1980 (Tamil Nadu Act No.10 of 1980) (With effect from 13th March,1980).

3. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 2007 (Tamil Nadu Act No.31 of 2007) (With effect from 1st April, 2007).

4. Vide Tamil Nadu Payment of Salareis (Amendment) Act, 1998 (Tamil Nadu Act No.40 of 1998) ( With effect from 1st June, 1998)

5. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 2010 (Tamil Nadu Act No.1 of 2010) (With eff ect from 1st April, 2009).

1 Explanation.—For the purpose of this sub-section,

(a) a Member of the Legislative Assembly shall include a Member of the Legislative Assembly of the former State of Travancore - Cochin, representing any territory which after the 1st day of November 1956 forms part of the State of Tamil Nadu;

(b) a Member of the Legislative Assembly or of the Legislative Council shall include a Member of the Legislative Assembly or of the Legislative Council of the State of Andhra Pradesh, representing any territory which after the 1st day of April 1960 forms part of the State of Tamil Nadu;

2 Proviso - 3 Omitted

4 Proviso - 5 Omitted

20

Provided also that¹no pension under this sub- section shall be paid to any person,—

(a) who is in receipt of pension from any other State for having been a Member of the Legislative Assembly or of the Legislative Council of such State;

(b) who was a Member of the Legislative Assembly or of the Legislative Council of the former State of Madras representing any territory which ceased to form part of the State of Tamil Nadu. 2 (c) who ceases to be a citizen of India or who has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State.

³(1-A) Where any person entitled to pension under sub-section (1) is also entitled to pension for having been a Member of Parliament, such person shall be entitled to receive the pension under sub- section (1) in addition to such pension to which he is entitled for having been a Member of Parliament. 4 (2) (i) If any person who has been paid any pension under this Act as in force before the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act,1980 in the Tamil Nadu Government Gazette, becomes entitled to increase in the amount of pension so paid by virtue of the said Amendment Act, the increase shall be given eff ect only on and from the date of such publication and he shall not be entitled to any arrears of such increase.

1. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1982 (Tamil Nadu Act No.10 of 1982) (With eff ect from 13th March, 1980).

2. Vide Tamil Nadu Payment of Salaries ( Amendment) Act,

21

(ii) If any person becomes entitled to pension for the fi rst time by virtue of this section, he shall be paid such pension only with eff ect on and from the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act, 1980 in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension.

1 (2-A) If any person becomes entitled to pension for the fi rst time or to any increase in pension by virtue of this section, as amended by the Tamil Nadu Payment of Salaries (Amendment) Act, 1982 he shall be paid such pension or such increase in pension, as the case may be, only with eff ect on and from the date of publication of the said Act in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension.

²(2-B) (i)²where any person entitled to pension under this section dies or disappears leaving his family,⁴the family of such person shall be entitled to receive fi fty percent of such pension subject to such conditions as may be prescribed.

(ii)³If there is any increase in pension by virtue of this section, the family referred to in clause (i) shall also be entitled to receive fi fty percent of such increase in pension with eff ect from the date from which such increase in pension under this section is given eff ect to.

Explanation:— For the purposes of this sub-section, in the case of person who is entitled to pension under this sub-section 'family' means-

(i) wife in the case of a male person or husband in the case of a female person;

1. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1980 (Tamil Nadu Act No.10 of 1982) ( With eff ect from 9th March, 1982).

2. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1999 (Tamil Nadu Act No.41 of 1999) (With eff ect from 1st April,1999).

3 . Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 2007 (Tamil Nadu Act No.31 of 2007) (With eff ect from 1st April,2007).

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2011 (Tamil Nadu Act No. 21 of 2011) (With eff ect from 25th April 2012)

22

(ii) son who has not attained the age of twenty one years and unmarried daughter who has not attained the age of twenty four years including such son and daughter adopted legally;

(iii) father and mother in the case of unmarried person;

1 (2-BB) - 2 Omitted

Explanation -²Omitted

1 (2-C) - 2 Omitted 3 (2-CC) (i) & (ii) 2 Omitted Explanation -²Omitted

(3) The State Government may make rules providing for the conditions and restrictions subject to which such pension may be granted:

Provided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than Travelling allowance either from any State or the Central Government or from any Company or statutory body owned or controlled by any State or the Central Government and if any such income was or is received the payment of pension shall be suspended for that period:

1 Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2007 (Tamil Nadu Act No.31 of 2007) (With eff ect from 1st April, 2007).

23

1 Provided further that— (a )no such pension shall be paid to any person for the period during which such person was or is in receipt of pension for having been a Member of 2 any other State Legislature, or honorarium either from any State or the Central Government or from any company or statutory body owned or controlled by any State or the Central Government and if the amount of such pension, or honorarium is equal to, or in excess of, the pension to which he is entitled under sub-section(1);

(b) where the amount of such pension or honorarium is less than the pension to which he is entitled under sub-section (1), such person shall be entitled to receive only the diff erence as pension under that sub-section.

3 Explanation I.— 5 Omitted. Explanation II.—⁴Omitted. Explanation III.—For purpose of this section, salary includes salary received under this Act and salary received as—

(i) a Member of the Parliament or any other State Legislature.

(ii) a Minister or Deputy Minister of the Government of India or any other State.

1 Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1982 (Tamil Nadu Act No.24 of 1982) (With eff ect from 9th March, 1982)

2 Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1985 (Tamil Nadu Act No. 22 of 1995) (With eff ect from 7th July, 1985) Vide G.O.Ms.No.1031, Public (Estt. I & Legislature), Dated: 3rd November, 1995.

3 Vide Tamil Nadu Payment of Salaries (Second Amendment) Act,1980 (Tamil Nadu Act No.10 of 1980) (With eff ect from 13th March, 1980).

24

(iii) The Chairman or Deputy Chairman of the Council of State of the Legislative Council of any other State.

(iv) The Speaker or Deputy Speaker of the House of the People or of the Legislative Assembly of any other State.

1 12-C (1) Every person, who had been a Member of the Legislative Assembly or the Legislative Council or both, but had ceased to be such Member shall be provided with one free non-transferable bus pass 2 which shall entitle him to travel either singly or with his or her spouse or with any other companion at any time within any part of the State of Tamil Nadu by any bus run and operated by any Transport Corporation owned by the State Government.

4 Provided that in case of air conditioned sleeper buses, the spouse or companion of such member shall be provided seating facility only. (2)The bus pass referred to in sub-section (1) shall be issued by such authority and in such manner as may be prescribed.

3 12-D Every person, who had been a Member of the Legislative Assembly or the Legislative Council, shall be eligible for railway fare for his journey in two-tier air-conditioned class from his usual place of residence to Chennai for participating in the Independence day and Republic day Celebrations and for his return journey, subject to such conditions as may be prescribed:

1. Vide Tamil Nadu Payment of Salaries (Third Amendment) Act, 1994 (Tamil Nadu Act No. 57 of 1994) (With eff ect from 1st April, 1994).

2. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1997 (Tamil Nadu Act No. 9 of 1997) (With eff ect from 28th August,

1996).

3. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2019 (Tamil Nadu Act No. 1 of 2019) (With effect from 13th August, 2018).

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2021 (Tamil Ndu Act No.19 of 2021) (with effect from 27th September 2021).

Free

bus pass

to former

Members

Railway

fare for

former

Members

25

Provided that railway fare under this section shall not be paid to any former Member of the Legislative Assembly or the Legislative Council, who is in receipt of free railway pass issued by the Central Government or by any other authority for having been a Member of Parliament.

4 12-E Every person, who had been a Member of the Legislative Assembly or the Legislative Council shall , subject to such conditions as may be determined by the rules made by the State Government, be entitled to accommodation in the Tamil Nadu Ex-Legislators' Hostel, on payment of rent at such rates as may be prescribed in the rules:

Provided that for attending Independence day and Republic day celebrations in Chennai, the accommodation shall be free of cost.

1 13. (1) Any person entitled to any salary or allowance under this Act, may at any time during the term of his respective offi ce, relinquish the whole or any portion of such salary or allowance payable to him.

(2) Any relinquishment made by any person under sub-section (1) may be cancelled by him.

(3) Every relinquishment or cancellation made under sub-section (1) or sub-section (2) shall be made in writing and shall take eff ect on the date specifi ed therein.

2 13-A 3 Repealed.

14.(1) The State Government may make rules for carrying out the purposes of the Act.

Relinquish-

ment of

salaries and

Allowances

and

cancellation

thereof.

Power

of State

Government

to make

rules.

1. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1979 (Tamil Nadu Act No. 24 of 1979) (With effect from 5th May, 1979).

2. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1994 (Tamil Nadu Act No. 31 of 1994)

3. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1997 (Tamil Nadu Act No. 23 of 1997) (With eff ect from 4th May, 1997).

4. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 2020 (Tamil Nadu Act No. 36 of 2020) (With effect from 27th May, 2018).

Hostel

accommo-

dation

to former

Members.

26

(2) All rules made under this Act, shall be published, in the Tamil Nadu Government Gazettee and unless they are expressed to come into force on a particular date shall come into force on the day on which they are so published.

(3) Every rule made under this Act, shall, as soon as possible after it is made, be placed on the Table of¹the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session of the Legislative Assembly agrees in making any modifi cation in any such rule or³the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have eff ect only in such modifi ed form or be of no eff ect, as the case may be, so however, that any such modifi cation or annulment shall be without prejudice to the validity of anything previously done under that rule. 2 (4) A rule may be made under sub-section

(1) so as to have retrospective eff ect on and from a date not earlier than 1st November 1967. 3 (5) Notwithstanding anything contained in sub-section (4) the State Government may make rules in respect of payment of house rent under Sections 3,4,6 and 6-A, so as to have retrospective eff ect on and from the date not earlier than the 4th July 1986.

15. Nothing in this Act shall prevent a retired Government servant from drawing his pension in addition to any salary or allowance to which he may be entitled under this Act.

Saving

1. Vide Tamil Nadu Adapatation of Laws Order, 1987 (With eff ect from 1st November, 1986).

2. Vide Tamil Nadu Payment of Salaries ( Amendment) Act,

27

16.(1) All charges incurred up to the commencement of this Act (whether before or after the commencement of the Constitution) in respect of the accommodation provided in any hospital maintained by the State Government for, or on the medical treatment of, any Minister or any member of his family shall be deemed to have been properly incurred.

(2) All payments made on or after the 26th day of January 1950 and up to the commencement of this Act by way of Travelling or daily allowance to the Speaker and the Chairman shall be deemed to have been properly made.

17. The Tamil Nadu Payment of Salaries and Removal of Disqualifi cations Act, 1937 is hereby repealed.

1 (1) Notwithstanding anything contained in the principal Act amended by the Tamil Nadu Payment of Salaries (Amendment) Act, 1971, the compensatory allowance to a Member of Legislative Assembly or of the Legislative Council, who does not hold any of the offi ces referred to in Sections 3 to 6 and in sub-section (1) of Section 6-A of the principal Act on the date of the commencement of the Tamil Nadu Payment of Salaries (Amendment) Act, 1971 shall be paid on and from 1st October 1971.

2 (2) Notwithstanding anything contained in the principal Act as amended by the Tamil Nadu Payment of Salaries (Amendment) Act, 1975, the telephone allowance shall be paid on and from the 1st April 1975 to a Member of the Legislative Assembly or of the Legislative Council, who does not hold any of the offi ces referred to in Sections 3 to 6-A on the date of the commencement of the Tamil Nadu Payment of Salaries (Amendment) Act, 1975.

Regularisa-

tion of

certain

charges and

payments.

Repeal of

Tamil Nadu

Act IX

of 1937,

Special

provisions.

1. Vide Tamil Nadu Payment of Salaries ( Amendment) Act, 1971 (Tamil Nadu Act No. 45 of 1971) (With effect from 1st October, 1971).

2. Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act No.35 of 1975) (With eff ect from 1st April, 1975).