The Travancorecohin Payment of Salaries and Allowances Act. Complete Act - Bare Act

ACT XIV OF 1951

THE TRAVANCORE-COHIN PAYMENT OF SALARIES

AND ALLOWANCES ACT.

An Act to provide for the salaries and allowances of Ministers, the Speaker and Deputy Speaker and members of the Legislative Assembly.

Preamble.-Whereas, pursuant to the provisions of Article 164, clause (5), Article 186 and Article 195 of the Constitution of India read with Article, 238 thereof, it is necessary to provide by an Act of the Legislature for the Salaries and allowances of Ministers, of the Speaker and Deputy Speaker of the Legislative Assembly and of the members of the Legislative Assembly.

It is hereby enacted as follows:-

1. Short title and Commencement."(1) This Act may be called the Travancore-Cochin Payment of Salaries and Allowances Act, 1951

(2). Sections 2,3,4,5 and 6 of this Act shall be deemed to have come into force on the 26 th day of January 1950 and the rest of this Act shall come into force at once.

2. Definitions.- In this Act,--

(a). "residence" includes the staff-quarters and other buildings appurtenant thereto, and the gardens thereof, and;

(b). "maintenance" in relation to a residence includes the payment of local rates and taxes and the provision of electricity and wa

3. Salaries, and allowances of Ministers.-There shall be paid to each Minister a salary of seven hundred rupees per mensem and dearness allowances at such rates as officers of Government drawing a salary of seven hundred rupees per mensem shall be entitled to from time to time.

4. Salaries and allowances of the Speaker and Deputy Speaker of the Legislative Assembly.-(1) There shall be paid to the Speaker of the Legislative Assembly a salary of seven hundred rupees per mensem and dearness allowance at such rates as officers of Government drawing a salary of seven hundred rupees per mensem shall be entitled to from time to time.

2. There shall be paid to the Deputy Speaker of the Legislative Assembly a salary of three hundred and fifty rupees per mensem and dearness allowances at such rates as officers of Government drawing a salary of three hundred and fifty rupees per mensem shall be entitled to from time to time.

5. Residence of Ministers and the Speaker.-Each Minister and the Speaker of the Legislative Assembly shall be entitled, without payment of rent, to the use of a fully furnished residence in the City of Trivandrum throughout their terms of office and for a period of fifteen days immediately thereafter and no charge shall fall upon the Minister or Speaker personally in respect of the maintenance of the residence, or, in lieu of the use of such furnished residence and its maintenance, to a house-rent allowance of one hundred and fifty rupees per mensem.

6. Conveyance for the Ministers and the Speaker.-The Government shall, from time to time, provide suitable conveyances for the use of the Ministers and the Speaker subject to such rules as regards their maintenance and repair as may be made by the Government. The Ministers and the Speaker shall be paid a consolidated sum of one hundred and seventy five rupees per mensem in lie of the cost of petrol and oil for the conveyances.

Travelling allowances of Ministers etc."(1) Each Minister shall be entitled, while touring on public business, to traveling and daily allowances at the rates specified in the Schedule and upon such conditions as may be specified by rules made by the Government.

7. Travelling allowances of the Speaker and the Deputy Speaker.- (2) The Speaker and the Deputy Speaker shall be entitled to travelling and daily allowances at the rates specified in the Schedule and upon such conditions as may be specified by rules made by the Government.

8. Allowances of members of the Legislative Assembly.-(1) Every member of the Legislative Assembly who does not hold any of the offices referred to in Sections 3 and 4 shall be entitled to receive at his option:-

(a). a consolidated allowance of one hundred and twenty rupees per mensem; o

(b). in lieu of such consolidated allowance, travelling and daily allowances for attending the meetings of the Assembly or of any committee thereof at the rates specified in the Schedule and subject to such rules as may be made by the Government.

(2). A member shall be entitled to the allowance referred to in sub-section (1) 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 such allowance shall not be paid until the member has made and subscribed the oath or affirmation prescribed by Article 188 read with Article 238 of the Constitution of India.

9.Travelling allowance of members.-The members of the Legislative Assembly shall be entitled to travelling and daily allowances at the rates specified in the Schedule and upon such conditions as may be specified by rules made by the Government.

Provided that nothing in this Section shall authorize a member who receives a consolidated allowance under Section 8 to draw travelling and daily allowances for attending meetings of the Legislative Assembly or of any committee thereof.

10. Rules"(1) All rules made under this Act shall be published in the Gazette.

(2). All rules made under this Act shall be laid for not less than seven days before the Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid.

SCHEDULE

I. Ministers and the Speaker.

The Ministers and the Speaker shall be given daily and traveling allowances at the following rates for journeys performed by them:-

(1). Inside the State of Travencore-Cochin"a daily allowance of fifteen rupees when traveling by car, and actual plane fare and daily allowance of fifteen rupees when traveling by air;

(2). Outside the State of Travancore Cochin"when traveling by train, cost of one and a half first class railway fare, when traveling by road, a mileage of one rupees, when traveling by air, actual plane fare plus half first class railway fare and a daily allowance of thirty rupees except in Delhi, Calcutta and Bombay where the rate of daily allowance will be forty-five rupees.

II. The Deputy Speaker.-The Deputy Speaker shall, for journeys performed by him, be paid travelling allowance at the same rates as in the case of first class officers of Government, the rate of daily allowance, being however fifteen rupees:

Provided that the Deputy Speaker shall not be entitled to any daily allowance for attending the meetings of the Legislative Assembly or of any committee thereof.

III. Members of the Legislative Assembly who have opted to receive daily allowance and travelling allowance in lieu of a consolidated, allowance for attending the meetings of the Legislative Assembly.

IV. Members of the Legislative Assembly touring on public business shall be given daily allowance and travelling allowance at the rates specified in Paragraph III above.