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LEADERS OF CHIEF WHIPS OF RECOGNISED PARTIES AND GROUPS IN PARLIAMENT (FACILITIES) ACT, 1998

Ministry of Law and Justice

Act nº 5 of 1999


  • Act nº 5 of 1999

Preamble

LEADERS AND CHIEF WHIPS OF RECOGNISED PARTIES AND GROUPS IN PARLIAMENT (FACILITIES) ACT, 1998

[Act, No. 5 of 1999]

[7th, January 1999]

PREAMBLE

An Act to provide for facilities to Leaders and Chief Whips of recognised parties and groups in Parliament.

BE it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows: -

Section 1. Short title and commencement

(1) This Act may be called the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998.

1"(2) It shall be deemed to have come into force on the 5th day of February, 1999."

1. Substituted by the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Amendment Act, 2000 (Act 18 of 2000) w.e.f 07.06.2000. Prior to substitution clause (2) read as under:

"It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint."


Section 2. Definitions

1[In this Act, unless the context otherwise requires, -

(a) "recognised group" means,-

(i) in relation to the Council of States, every party which has a strength of not less than fifteen members and not more than twenty-four members in the Council;

(ii) in relation to the House of the People, every party which has a strength of not less than fifty-five members in the House;

(b) "recognised party" means,-

(i) in relation to the Council of States, every party which has a strength of not less than twenty-five members in the Council;

(ii) in relation to the House of People, every party which has a strength of not less than thirty members and not more than fifty-four members in the House;]

1. Substituted by the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Amendment Act, 2000 (Act 18 of 2000) w.e.f 07.06.2000. Prior to substitution section 2 read as under:

"In this Act, unless the context otherwise requires,- (a) "recognised group" means,- (i) in relation to the Council of States, every group of parties recognised for the purposes of this Act by the Chairman under the rules regulating the procedure of that House; (ii) in relation to the House of the People, every group of parties recognised for the purposes of this Act by the Speaker under the rules regulating the procedure of that House; (b) "recognised party" means,- (i) in relation to the Council of States, every party which is recognised for the purposes of this Act by the Chairman under the rules regulating the procedure of that House; (ii) in relation to the House of the People, every party which is recognised for the purposes of this Act by the Speaker under the rules regulating the procedure of that House."


Section 3. Facilities to the Leaders and Chief Whips of recognised groups and parties

1[Subject to any rules made in this behalf by the Central Government, each leader, deputy leader and each Chief Whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities:

PROVIDED that such facilities shall not be provided to such leader, deputy leader or Chief Whip, as the case may be, who-

(i) holds an office of Minister as defined in Section 2 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952);

(ii) holds an office of the Leader of the Opposition as defined in Section 2 of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977); or

(iii) is entitled to similar telephone and secretarial facilities by virtue of holding any office of, or representation in, a Parliamentary Committee or other Committee, Council, Board, Commission or other body set up by the Government; or

(iv) is entitled to similar telephone and secretarial facilities provided to him in any other capacity of the Government or a local authority or Corporation owned or controlled by the Government or any local authority."]

1. Substituted by the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Amendment Act, 2000 (Act 18 of 2000) w.e.f 07.06.2000. Prior to substitution section 3 read as under:

"Subject to any rules made in this behalf by the Central Government, each leader [other than the Leader of the Opposition as defined in Section 2 of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977)] and each Chief Whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities."


Section 4. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 5. Amendment of 3 of Act 10 of 1959

In the Parliament (Prevention of Disqualification) Act, 1959, in Section 3,

(i) after clause (ab), the following clause shall be inserted, namely :-

"(ac) the office of each leader of a recognised party and a recognised group in either House of Parliament;";

(ii) after Explanation 2, the following Explanation shall be inserted, namely :-

"Explanation 3. -In clause (ac), the expressions "recognised party" and "recognised group" shall have the meanings assigned to them in the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998".