Maharashtra Legislative Council (Chairman and Deputy Chairman) and Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1956 Complete Act - Bare Act

An Act to provide for the salaries and allowances of the Chairman and the Deputy Chairman of the Maharashtra Legislative Council) and the Speaker and the Deputy Speaker of 1[the Maharashtra Legislative Assembly and certain other matters. WHEREAS it is expedient to provide for determination of the salaries and allowances of the Chairman and the Deputy Chairman of the Maharashtra Legislative Council and the Speaker and the Deputy Speaker of the Maharashtra Legislative Assembly and certain other matters as hereinafter appearing; It is hereby enacted in the Seventh Year of the Republic of India as follows

(1) This Act may be called the Maharashtra Legislative Council (Chairman and Deputy Chairman) and the Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act.

(2) It shall be deemed to have come into force on the 1st day of November, 1956.

In this Act, unless there is anything repugnant in the subject or context,-

(a)"Assembly" means the5[Maharashtra Legislative Assembly];

(b)"Chairman" and "Deputy Chairman" means respectively the Chairman and Deputy Chairman of the Council;

(c)"Council" means the6[Maharashtra Legislative Council];

(d)"maintenance" in relation to a residence includes the payment of rates and taxes due to Government or any local authority and the provision of electricity, gas and water;

(e) "residence" includes the staff quarters and other buildings appurtenant thereto and the gardens thereof;

(f) "rules and orders" means the rules and orders respectively made under this Act;

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

There shall be paid to the Chairman and the Speaker each7[a salary of [Rs. 3,000] per month.

(1) The Chairman and the Speaker each shall be entitled, without payment of rent, to the use of a furnished residence in Bombay throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of8[Rs. 2,500 per month and in addition a sum equal to the electricity charges and water charges, if any, paid by him for his place of residence in Bombay being a place other than the place of residence provided under this Act by the State Government.

(2) No charge shall fall on the Chairman or the Speaker personally in respect of the maintenance of any residence provided under this section.

(3) The expenditure on furnishing residence provided under this section shall be on such scale as the State Government may by rules or orders determine.

9(4) Where a house allowance and other sum are payable under sub-section (1) to the Chairman or the Speaker then, save as otherwise provided by or under this Act, the State Government shall not incur any expenditure, or the Chairman or the Speaker shall not be entitled to any payment, for additions, alterations, maintenance, repairs or for doing anything whatsoever in respect of his place of residence.]

1011There shall be placed at the disposal of the Chairman] and the Speaker each a sumptuary allowance of12[one lakh rupees per annum].

(1) The State Government may, from time to time, for the use of the Chairman and the Speaker purchase and provide motor cars and other suitable conveyances, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders in this behalf.13[The State Government may also provide free of charge the services of a chauffeur for each motor car or conveyance so provided.]

(2) There shall also be paid to the Chairman and the Speaker each a conveyance allowance at the rate of14[such rate per month as may be prescribed by rules made in that behalf].

15Subject to any rules made in this behalf by the State Government, the Chairman or the Speaker shall be entitled to-

(a) travelling allowance 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 Bombay from his usual place of residence outside Bombay, for assuming office, and

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

(b) travelling and daily allowances in respect of tours on public business undertaken by him.

Explanation " The expression "Bombay" includes any other place appointed by the State Government for the purposes of this section.]

Chairman and the Speaker and the members of the family of the Chairman or the Speaker, as the case may be who are residing with and dependent on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment.

Explanation " For the purposes of this section, the expression "a member of the family" means the husband, wife, son, daughter, father, mother, brother or sister.

16(1) Every officer of the State Legislature shall during the term of his office be entitled also to have a telephone installed at Government cost at the place of residence or at any place in his constituency selected by him, (being a place other than the place of residence provided under this Act, by the State Government).

(2) No charge shall fall on the Officer of the State Legislature personally in respect of installation of, initial deposit for, rental charges for maintenance of, and official calls made from, the telephone installed under sub-section (1).

17[

(3) There shall also be paid to every Officer of the State Legislature a sum of18[2,500] per month, from the month in which telephone facility has been provided under the section.]

19[

(4) Where an Officer of the State Legislature has a telephone installed at any place referred to in sub-section (1) at his own cost, then -

(a) the rental charges in respect of such telephone shall be borne by the State Government, and shall be paid to him a sum of20[2,500] per month in respect of such telephone; and

(b) the charges in respect of official calls made from such telephone shall also be borne by the State Government, if such officer resides at such place at a residence and a separate telephone is not provided to him by or under the provisions of this Act by the State Government.]

Explanation " In this section21[and in Section 8,] 'Officer of the State Legislature1 means the Chairman and the Deputy Chairman and the Speaker and the Deputy Speaker.

(1) Every Officer of the State Legislature shall23be provided with facilities, which shall entitle him at any time to travel singly24[by first class or, as the case may be, by air-conditioned two -tier] by any railway in any part of India, or by steamer in any part of Maharashtra, in such manner and subject to such conditions, as may by rules or orders be prescribed in that behalf:]

Provided that such travel by railway, in any part of India may be availed of by the Officer of the State Legislature, either singly or jointly with his spouse or with his minor children or jointly with his spouse and minor children, so, however, that the distance so travelled by the Officer and members of his family from the place of their residence or from any part of the State, in any year, does not in the aggregate exceed25[thirty thousand kilometres.

Explanation " For the purpose of calculating the number of kilometres travelled by an officer jointly with his spouse, the number of kilometres travelled by him outside the State of Maharashtra, and by his spouse from the place of residence of the spouse in the State, shall be counted separately.]26

(2) Notwithstanding anything contained in this section of other provisions of this Act, where the Officer, either singly or jointly with his spouse or with his minor children or jointly with his spouse and minor children, undertakes a journey by air, instead of by railway, he shall be entitled, subject to the aforesaid limit of27[thirty thousand kilometres.] to claim travelling allowance as if he or both or all of them, as the case may be had undertaken the journey by railway. In such cases, the differencebetween the fare for journey by air and the fare for journey by railway will have to be borne by the Officer.]

Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of the members of the State Legislature28 [the Chairman, the Deputy Chairman, the Speaker and the Deputy Speaker] shall not be entitled to receive any salary or allowances under such law, although 29[he] is a member of the Council or Assembly.

There shall be paid to the Deputy Chairman and the Deputy Speaker each30[a salary of31[Rs. 1,800-] per month]

32[The Chairman, Deputy Chairman, Speaker and Deputy Speaker each shall be entitled to sitting allowance at the rate of33[Rs. 150] per day throughout his term of* office as such Chairman. Deputy Chairman, Speaker or Deputy Speaker, as the case may be.]

34(1) The Deputy Chairman and the Deputy Speaker each shall be entitled, without payment of rent, to the use of a furnished residence in Bombay throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of 35[Rs. 2,500 per month and in addition a sum equal to the electricity charges and water charges, if any, paid by him for his place of residence in Bombay (being a place other than the place of residence provided under this Act by the State Government).

(2) No charge shall fall on the Deputy Chairman or the Deputy Speaker personally in respect of the maintenance of any residence provided under this section.

(3) The expenditure on furnishing residence provided under this section shall be on such scale as the State Government may by rules or orders determine.]

36(4) Where a house allowance and other sum are payable under sub-section (1) to the Deputy Chairman or the Deputy Speaker then, save as otherwise provided by or under this Act, the State Government shall not incur any expenditure, or the Deputy Chairman or the Deputy Speaker shall not be entitled to any payment, for additions, alterations, maintenance, repairs or for doing anything whatsoever in respect of his place of residence.

(1) The State Government may, from time to time, for the use of the Deputy Chairman and the Deputy Speaker purchase and provide motor cars and other suitable conveyances, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders made in this behalf.37[The State Government may also provide free of charge the services of a chauffeur for each motor car or conveyance so provided.]

(2) There shall also be paid to the Deputy Chairman and the Deputy Speaker each a conveyance allowance at38[such rate per month as may be prescribed by rules made in that behalf.

39 Subject40to any rules made in this behalf by the State Government, the Deputy Chairman or the Deputy Speaker shall be entitled to -

(a) travelling allowance 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 Bombay from his usual place of residence outside Bombay, for assuming office, and

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

(b) travelling and daily allowances in respect of tours on public- business undertaken by him.

Explanation " The expression "Bombay" includes any other place appointed by the State Government for the purposes of this section.

41 Subject to any rules or orders made by the State Government, Deputy Chairman and the Deputy Speaker and the members of the family of the Deputy Chairman or the Deputy Speaker, as the case may be, who are residing with and dependent on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment.

Explanation " For the purposes of this section, the expression "a member of the family" means the husband, wife, son, daughter, father. mother, brother or sister.

42The Chairman, the Speaker, the Deputy Chairman and the Deputy Speaker shall be entitled, free of charge, to the services of a personal assistant. For this purpose, the Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker, as the case may be, may appoint any person, possessing such qualifications as may be prescribed by rules or orders made under Section 13, as his personal assistant. Subject to such rules or orders as may be made in this behalf, the assistant so appointed shall receive a fixed salary of43[ 1,500] per month from the State Government.

44(1) The State Government may, in consultation with the Chairman and the Speaker, make rules or orders for carrying out the purposes of this Act.(1A) All rules or orders made under this Act shall be laid before both Houses of State Legislature as soon as may be after they are made.]

(2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1st day of November. 1956.

(3) Rules or orders made under this section shall have effect as if enacted in this Act.

The Bombay Legislative Council (Chairman and Deputy Chairman) and the Bombay Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1952 (Bom. VIII of 1952) (in this section referred to as "the said Act") and any law corresponding to the provisions of this Act in force immediately before the 1st day of November, 1956 in or in relation to any territories which after that date form part of the new 45State of Bombay shall stand repealed:

Provided that notwithstanding such repeal any rules or orders made under the said Act shall, so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any rules or orders made under this Act.