Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

SALARIES AND ALLOWANCES OF MINISTERS ACT

Ministry of Law and Justice

Act nº 58 of 1952


  • Amending Acts
  • Act nº 58 of 1952

Preamble

SALARIES AND ALLOWANCES OF MINISTERS ACT, 1952

[Act, No. 58 of 1952]

[12th August, 1952]

PREAMBLE

An Act to provide for the salaries and allowances of Ministers.

BE it enacted by Parliament as follows:

Section 1. Short title

This Act may be called The Salaries and Allowances of Ministers Act, 1952.

Section 2. Definition

In this Act, "Minister" means a member of the Council of Ministers, by whatever name called, and includes a Deputy Minister.

Section 3. Salaries and daily and constituency allowances

(1) Each Minister shall be entitled to receive a salary per mensem, and an allowance for each day during the whole of his term as such Minister at the same rates as are specified in section 3 of the Salaries, Allowances and Pension of Members of Parliament Act, 1954 with respect to members of Parliament

(2) Each Minister shall be entitled to receive a constituency allowance at the same rate as is specified under section 8 of the said Act with respect to members of Parliament.

Section 4. Residence of Ministers

1 [(1)] Each Minister shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of 2 [one month] immediately thereafter, and no charge shall fall on the Minister personally in respect of the maintenance of such residence.

3 [(2) In the event of death of the Minister, his family shall be entitled to the use of the furnished residence occupied by the Minister-

(a) for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the Minister in respect of the maintenance of such residence, and

(b) for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf by the Central Government and also charges in respect of electricity and water consumed in that residence during such further period.]

1. The original section renumbered as sub-section (1) thereof by the Salaries and Allowances of Ministers (Amendment) Act, 1969 (Act 47 of 1969) w.r.e.f. 01.11.1966.

2. Substituted for "fifteen days" by the Salaries and Allowances of Ministers (Amendment) Act, 1969 (Act 47 of 1969) w.r.e.f. 01.11.1966.

3. Inserted by the Salaries and Allowances of Ministers (Amendment) Act, 1969 (Act 47 of 1969) w.r.e.f. 01.11.1966.


Section 5. Sumptuary allowance to Ministers

1[SECTION 5. Sumptuary allowance to Ministers

There shall be paid a sumptuary allowance to each Minister at the following rates, namely; --

(a) the Prime Minister

Rupees three thousand per mensem;

(b) every other Minister who is a member of the Cabinet

Rupees two thousand per mensem;

(c) a Minister of State

Rupees one thousand per mensem;

(d) a Deputy Minister

Rupees six hundred per mensem.".]

1.Substituted by The Salaries And Allowances Of Ministers (Amendment) Act, 2001 w.e.f. 17.09.2001. Prior to its substitution section 5 read as under: -

"Sumptuary allowance to Ministers:

There shall be paid a sumptuary allowance to each Minister at the following rates, namely: -

(a) The Prime Minister Rupees one thousand five hundred per mensem;

(b) Every other Minister who is a member of Rupees one thousand per mensem Cabinet;

(c) A Minister of State Rupees five hundred per mensem;

(d) a Deputy Minister Rupees three hundred per mensem.


Section 6. Travelling and daily allowances to Ministers

(1) Subject to any rules made in this behalf by the Central Government, a Minister shall be entitled to-

(a) traveling allowances for himself and the members of his family and for the transport of his and his family's effects-

(i) in respect of the journey to Delhi from his usual place of residence outside Delhi for assuming office, and

(ii) in respect of the journey from Delhi to his usual place of residence outside Delhi on relinquishing office; and

(b) traveling and daily allowances in respect of tours undertaken by him in the discharge of his official duties, whether by sea, land or air.

2[(1A) A Minister shall be entitled to an amount equal to the fare for a single journey performed by him, during each year, within India, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him, or any number of companions or relatives, at the same rates at which travelling allowance is payable to such Minister under clause (b) of sub-section (1) in respect of tours referred to in that clause, subject to a maximum of forty-eight such fares per year :

Provided that the spouse or legitimate or step children residing with and wholly dependent on the Minister, as the case may be, may undertake such journey alone.]

(2) Any traveling allowance under this section may be paid in cash or free official transport provided in lieu thereof.

1. Substituted by The Salaries And Allowances Of Ministers (Amendment) Act, 2001 w.e.f. 17.09.2001. Prior to its substitution sub-section (1A) read as under: -

"A Minister and any one member of his family accompanying him shall be entitled to traveling allowances in respect of not more than six return journeys performed, during each year, within India, at the same rates at which traveling allowances are payable to such Minister under clause (b) of sub-section (i) in respect of tours referred to in that clause."

2. Substituted by the Salaries and Allowances of Ministers (Amendment) Act, 2009 effective from 05.02.2010 vide Notification No. S.O.263 (E) dated 05.02.2010 previous text was : -

"1[(1A) A Minister shall be entitled to travelling allowance in respect of not more than twelve return journeys performed, during each year, within India, for himself and his family, whether travelling together or separately at the same rates at which travelling allowance is payable to such Minister under clause (b) of subsection (1) in respect of tours referred to in that clause, subject to the overall entitlement of forty eight single journeys in each year.]"


Section 7. Medical treatment, etc. to Ministers

Subject to any rules made in this behalf by the Central Government, a Minister and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment.

Section 8. Advances to Ministers for purchase of motor-cars

There may be paid to any Minister byway of a repayable advance such sum of money as may be determined by rules made in this behalf for the purchase of a motor-car in order that he may be able to discharge conveniently and efficiently the duties of his office.

Section 9. Ministers not to draw salary or allowances as Members of Parliament

No person in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by Parliament by way of salary or allowance in respect of his membership of either House of Parliament.

Section 10. Notification respecting appointment, etc. of Ministers to be conclusive evidence thereof

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 all the purposes of this Act.

Section 10A. Exemption from liability to pay income-tax on certain perquisites received by a Minister.

Notwithstanding anything contained in the Income-tax Act, 1961, the value of rent free furnished residence (including maintenance thereof) provided to a Minister under sub-section (1) of section 44 shall not be included in the computation of his income chargeable under the head "Salaries" under section 15 of the Income-tax Act, 1961.

Section 11. Power to make rules

(1) The Central Government may make rules to carry out the purposes of this Act.

(2) Every rule made under this Act after the commencement of the Salaries and Allowances of Ministers (Amendment) Act, 1977 shall be laid before each House of Parliament and no such rule shall come into force until it has been approved, whether with or without modifications by each House of Parliament and published by the Central Government in the Official Gazette.

Section 12. Regularisation of certain payments

All salaries paid or payable for the period commencing on the 14th day of May, 1952, and ending with the commencement of this Act to Ministers described as Ministers of Cabinet rank (but not Members of the Cabinet), all charges incurred before the commencement of this Act in respect of the accommodation provided in any hospital maintained by the Central Government for or on the medical treatment of any Minister or any member of his family and all payments made before such commencement by way of traveling or daily allowances to any Deputy Minister; shall be deemed to have been properly paid, payable or incurred or made.

Section 13. [Repealed of Act LIII of 1947]

[Repealed by the Repealing and Amending Act, 1957 (Act 36 of1957) w.e.f 07.09.1957.]