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SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT ACT

Ministry of Law and Justice

Act nº 20 of 1953


  • Amending Acts
  • Act nº 20 of 1953

Preamble

THE SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT ACT, 1953

[Act, No. 20 of 1953]

[16th May, 1953]

PREAMBLE

An Act to provide for the salaries and allowances of certain Officers of Parliament.

BE it enacted by Parliament as follows:--

Section 1. Short title and commencement

(1) This Act may be called The Salaries and Allowances of Officers of Parliament Act, 1953.

(2) It shall be deemed to have come into force on the first day of May, 1953.

Section 2. Definitions

In this Act "Officer of Parliament" means any of the following officers, namely, the Chairman and Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People.

Section 3. Salaries, etc. of officers of Parliament

1[3. Salaries, etc. of officers of Parliament

2 [(1) There shall be paid to the chairman of the Council of States a salary of 4[one lakh twenty-five thouands rupees] per mensem] 3 [and an allowance for each day during the whole of his term as the Chairman at the same rate as is specified in section 3 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954) with respect to members of Parliament]

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

(3) Each officer of Parliament, other than the Chairman of the council of States, 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]

1. Substituted by Salaries and Allowances of Officers of Parliament (Amendment) Act (75 of 1985), section 2 (26-12-1985).

2. Substituted by the Salaries and Allowances of officers of Parliament (Amdt) Act, 1998 w.e.f. 01-01-1996. Prior to Substitution it read as under:--

"(1) There shall be paid to the Chairman of the Council of States a salary of severn thousand five hundred rupees per mensem; and an allowance for each day during the whole of his team as the Chairman at the same rate as is specified in section 3 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 with respect of members of Parliment"

3. Inserted by Salaries and Allowances of Officers of Parliament (Amendment) Act, 1990. (17 of 1990) w.r.e.f. 01.04.1998

4. Substituted by Salaries and Allowances of Officers of Parliament (Amendment) Act, 2008 Previous text was

" forty thousand rupees "


Section 4. Residence for Officers of Parliament

1[(1)] Each Officers of Parliament shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of2[one month] immediately thereafter, and no charge shall fall on the officer personally in respect of the maintenance of such residence.

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

(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 Officer of Parliament 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 under section 11 and also charges in respect of electricity and water consumed in that residence during such further period.]

Explanation.-- For the purposes of this section, "residence" includes the staff quarters and other buildings appurtenant thereto and the garden thereof, and "maintenance" in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water.

1. Original section re-numbered as sub-section (1) thereof by the Salaries and Allowances of Officers of Parliament (Amendment) Act, 1970 (49 of 1970), section 2 (w.r.e.f. 1-11-1969).

2. Substituted for 'fifteen days', by the Salaries and Allowances of Officers of Parliament (Amendment) Act, 1970 (49 of 1970), section 2 (w.r.e.f. 1-11-1969).

3. Sub-section (2) inserted, by the Salaries and Allowances of Officers of Parliament (Amendment) Act, 1970 (49 of 1970), section 2 (w.r.e.f. 1-11-1969).


Section 5. Sumptuary allowance

1[5. Sumptuary allowance.--

There shall be paid to2[***] the Speaker of the House of the People a sumptuary allowance of one thousand rupees per mensem and to the Deputy Chairman and the Deputy Speaker a sumptuary allowance of five hundred rupees per mensem.]

3["Provided that on and from the 17th day of September, 2001, the sumptuary allowance shall be paid to--

(a) the Speaker of the House of the People at the same rate at which the sumptuary allowance is payable, under section 5 of the Salaries and Allowances of Ministers Act, 1952 (58 to 1952), to every other Minister who is a member of the Cabinet;

(b) the Deputy Chairman and the Deputy Speaker at the same rate at which the sumptuary allowance is payable, under section 5 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), to a Minister of State,".]

1. Inserted by the Salaries and Allowances of Officers of Parliament (Amendment) Act (75 of 1985), section 3.

2. Words "the chairman of the Council of States and" omitted by the Salaries and Allowances of officers of Parliment (Amendment) Act, 1998 w.e.f. 10-01-1996

3.Inserted by the Salaries and allowances of officers of Parliament and leaders of opposition in Parliament (Amendment) Act.2002 w.e.f. 17-09-2001


Section 6. Travelling and daily allowances to Officers of Parliament

(1) subject to any rules made in this behalf under section 11, an Officer of Parliament shall be entitled to--

(a) travelling 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 on relinquishing office; and

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

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

1[(1A) On and from the commencement of the Salaries and Allowances of Officers of Parliament and Leaders of Opposition in Parliament (Second Amendment) Act, 2002, an officer of Parliament and his family whether travelling together or separately, shall be entitled to travelling allowance at the same rates and for the same number of return journeys as admissible to a Minister and his family under sub-section (1A) of section 6 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952).]

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

1. Substituted by The Salaries And Allowances Of Officers Of Parliament And Leaders Of Opposition In Parliament (Second Amendment) Act, 2002 (56 of 2002) w.e.f. 17.09.2001. Prior to substitution it read as under:

"[(1A) An officer to Parliament and anyone member of his family accompanying him shall be entitled to travelling allowances in respect of not more than six return journeys performed, during each year, within India, at the same rates at which travelling allowances are payable to such officer under clause (b) of sub-section (1) in respect of tours referred to in that clause.

Explanation.-- For the purposes of this sub-section, "return journey" means a journey from one place to another place and the return journey from such other place to the first mentioned place.]"


Section 7. Medical facilities to officers of Parliament

Subject to any "rules made in this behalf under section 11, an Officer of Parliament 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 7A. Family pension, etc., to spouse of Speaker dying on office

1[7A. Family pension, etc., to spouse of Speaker dying on office

(1) With effect from the commencement of the Salaries and Allowances of Officers of Parliament (Second Amendment) Act, 2002, there shall be paid a family pension, to the spouse of the, Speaker of the House of the People who dies while holding such office at the rate of fifty per cent, of the salary last drawn by him for the remainder of life of such spouse from the date of death of the Speaker:

Provided that the spouse of such Speaker shall not be entitled to receive pension available to the spouse of any member of Parliament who dies during his term of office as such member for a period of five years from the date of death of the member under sub-section (1A) of section 8A of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954).

(2) Without prejudice to the provisions of clause (a) of sub-section (2) of section 4 and subject to any rules made in this behalf under section 11, such spouse shall be entitled to the use of unfurnished residence 'without payment of licence fee for the remainder of the her life.

(3) Subject to any rules made in this behalf under section 11,--

(a) such spouse, for the remainder of her life; and

(b) the minor children of such Speaker, shall be entitled to medical attendance and treatment, free of charge,]

1. Inserted by the Salaries and allowances of officers of Parliament (second Amendment) Act, 2002 w.e.f. 03-03-2002


Section 8. Advances of Officers of Parliament for purchase of motor-cars

There may be paid to any Officer of Parliament by way of a repayable advance such sum of money as may be determined by rulesa made in this behalf under section 11 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. Officers of Parliament not to draw salary or allowances as Members of Parliament

No Officer of Parliament 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 Officers of Parliament to be conclusive evidence thereof

The date on which any person became or ceased to be an Officer of Parliament 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 an Officer of Parliament on that date for all the purposes of this Act.

Section 10A. Exemption from liability to pay income-tax on daily allowance received by the Chairman and certain perquisites received by an officer of Parliament

1[10A. Exemption from liability to pay income-tax on daily allowance received by the Chairman and certain perquisites received by an officer of Parliament

Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961),--

(a) in computing the total income of a previous year of the Chairman of the Council of States, any income by way of an allowance referred to in sub-section (1) of section 3 shall not be included;

(b) the value of rent free furnished residence (including maintenance thereof) provided to an officer of Parliament under sub-section (1) of section 4 shall not be included in the computa­tion of his income chargeable under the head "Salaries" under section 15 of the Income-tax Act, 1961.]

1. Substituted by Salaries and Allowances ofOfficers of Parliament (Amendment) Act, 1990. (17 of 1990) w.r.e.f. 01.04.1998. Prior to substitution it read as under:

"10A. Exemption from liability to pay income-tax on daily allowance received by the Chairman and certain perquisites received by an officer of Parliament.--

Notwithstanding anything contained in the Income Tax Act, 1961,--

"(a) in computing the total income of a previous year of the Chairman of the Council of States, any income by way of an allowance referred to in sub-section (1) of section 3 shall not be included :

(b) the value of rent free furnished residence (including maintenance thereof) provided to an officer of Parliament under sub-section (1) of section 4 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, in Consultation with the Chairman and the Speaker, make rulesa for carrying out the purposes of this Act.

(2) All rules made under this Act shall be laid before both Houses of Parliament as soon as may be after they are made.

Amending Acts