Maharashtra Legislature Members Salaries and Allowances Act, 1956 Complete Act - Bare Act

MAHARASHTRA LEGISLATURE MEMBERS SALARIES AND ALLOWANCES ACT, 1956

49 of 1956

20th February, 1984

An Act to provide for the salaries and allowances of Members of [the Maharashtra Legislature] and certain other matters.

WHEREAS it is expedient to provide for the salaries and allowances of Members of the Maharashtra Legislature] and certain other matters as hereinafter appearing; It is hereby enacted in the Seventh Year of the Republic of India as follows

SECTION 01: SHORT TITLE AND COMMENCEMENT

(1) This Act may be called the Maharashtra Legislature Members' Salaries and Allowances Act.

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

SECTION 02: DEFINITIONS.

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

(a) "Assembly" means the Maharashtra Legislative Assembly

(b) "Chairman" means the Chairman of the Council:

(c) "Committee" means a committee of the Assembly or the Council or a joint committee of both, as the case may be;

(d) "Council" means the Maharashtra Legislative Council];

(e) "Member" means a Member of the Assembly or the Council, as the case may be,

(f)"Minister", "Minister of State" and "Deputy Minister" means respectively a Minister, a Minister of State and a Deputy Minister of the Government of Maharashtra] and "Minister" includes the Chief Minister and the Deputy Chief Minister];(ff) "new Member" means Member who is elected or nominated to the Assembly or Council after the commencement of the Bombay Legislature Members' Salaries and Allowances (Amendment) Act, 1969, and includes a Member who is re-elected or renominated]:

(g) "Parliamentary Secretary" means a Parliamentary Secretary to a Minister;

(h) "Speaker" means the Speaker of the Assembly;

(i) "term of office" means -

(a) in relation to a new Member, the period beginning with the date when such Member takes his seat in the Assembly, or, as the case may be, in the Council or such other earlier date as the State Government may by order specify in this behalf, if he is not likely to take his seat as aforesaid within fifteen days of the date of occurrence of the vacancy or the date of the notification of his election or nomination, whichever is later], and ending with the date on which his seat becomes vacant;

(b) in relation to any other Member, the period at whichever date begun, before the commencement of the Bombay Legislature Members' Salaries and Allowances (Amendment) Act, 1969] and ending with the date on which his seat becomes vacant,

SECTION 03: SALARIES TO BE PAID TO MEMBERS AND CONSOLIDATED ALLOWANCES.

(1) There shall be paid to each Member17[dunng the whole of his term of office] a salary at the rate of18[Rs. 2,000] per month.

(2) There shall be paid to each Member during the whole of his term of office per month a sum of 20[Rs 500] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.

SECTION 03A: SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION

Deleted by Mah. 8 of 1978, Section 14 (a).

SECTION 04: DAILY ALLOWANCE TO BE PAID TO MEMBERS.

There shall be paid, subject to such rules or orders as may be made under Section 8 in this behalf, to each Member a daily allowance at the rate of Rs. 400 for each day of the period of residence for the purpose of attending the session of the Assembly or Council or the meeting of a Committee, as the case may be, at the place where such session or meeting is held24[or for each day of the period of residence at any place where any business connected with the Member's duties as Chairman of a Committee is transacted25[or where any other business connected with his duties as Member is transacted.]

Provided that

in the case of a Member, who ordinarily resides or carries on business at the place where such session or meeting is held26[or where such business is transacted], there shall be paid to such Member subject to the rules or orders as aforesaid daily allowance26[at the rate of26[Rs.lOO] for each day on which he attends such session or meeting 26[or transacts such business]; but a break of not more than three days between two successive meetings [or days on which such business is transacted] shall be deemed to be days of attendance26[or of the transaction of such business] for such Member who does leave the place of session or meeting26[or of the transaction of such business] during such break.

Explanation

:- For the purposes of this section and Section 5, attendance of a Member, with the approval of the Speaker or the Chairman, as the case may be. at any place for participating in any refresher course in parliamentary practice and procedure, or for being present at any seminar, conference or meeting of any Parliamentary- Association. University or other recognised body on matters connected with any parliamentary affairs, shall be deemed to be attendance of the Member at that place for transacting a business connected with his duties as a Member.]

SECTION 05: TRAVELLING ALLOWANCE TO BE PAID TO MEMBERS

(1) There shall be paid to each Member a travelling allowance for a journey undertaken for the purpose of attending the session of the Assembly or Council or a meeting of a Committee to the place where such session or meeting is held28[, or for the purpose of transacting any business connected with his duties as Chairman of a Committee29[or of attending to any other business connected with his duties as Member], to the place where such business is to be transacted,] and for the return journey from such place -30

(i) at the rate of one and one-half of the first class fare for a journey by railway or steamer, irrespective of the class in which the Member actually travels, and]

(ii) at such rate per mile for a journey by road, sea or river in addition to the journey by railway or steamer, as may likewise be prescribed31,

Provided that

nothing in this sub -section shall entitle a Member to travelling allowance, if such Member ordinarily resides or carries on business at the place where such session or meeting is held 32[or such business is transacted

]:33

Provided further that

, if a Member ordinarily resides or carries on business at any place outside the State of Maharashtra, he shall be entitled to travelling allowance under this section only for that part of his journey which is performed within the limits of the State

Provided also that

where a Member travels36[by railway or steamer] in accordance with the facilities provided under Section SAC, or travels on a free pass under Section 5A, he shall be entitled only to a travelling allowance of an amount equal to one first class fare for the distance travelled as if such journey had been performed by railway.

(1A) Notwithstanding anything contained in sub-section (1), any member may. for the purpose of attending the session of the Assembly or Council, undertake or perform journey by air from the nearest airport from his residence to and fro only on one occasion during the entire period of the session

(2) Notwithstanding anything contained in Section 4 or in this section, if a session of the Assembly or the Council is adjourned for more than one day and if a member undertakes a journey from the place wherethe session is held to the place where he ordinarily resides or carries on business and the return journey, he shall be entitled to draw, at his option, either the daily allowance for the period of such journeys or the travelling allowance.

SECTION 05A: FREE TRANSIT BY ROAD TRANSPORT SERVICE

52Every member shall be provided with one free non- transferable pass53[together with a voucher book, for reservation of, seats without charge] which shall entitle him at any time54[to travel either] singly or jointly with his spouse by such road transport services, including those provided by the Maharashtra Tourism Development Corporation Limited, (in any part of the State of Maharashtra in which those services operate), such class of accommodation therein, and subject to such conditions as may by rules or orders be prescribed in that behalf].

SECTION 05AA: ALLOWANCES TO CHAIRMAN OR MEMBER OF COMMITTEE WHEN ON TOUR ON DUTY IN ANY PART OF INDIA

39There shall be paid to the Chairman or a member of Committee in respect of a journey performed by him in the course of a tour in any part of India, undertaken in the discharge of his duties as such Chairman or member,40[daily and travelling allowances] at the same rates as are provided for in Sections 4 and 5.

SECTION 05AB: CHAIRMAN OF COMMITTEES ENTITLED TO TRAVEL] [BY AIR-CONDITIONED COACH OR BY AIR]

Notwithstanding anything contained in Sections 5 and Appellate Authority,45any Member may, for the purpose of transacting any business connected with his duties as 46[Chairman of any Committee] undertake or perform the journey referred to in those sections47 [either by railway in an air-conditioned coach or by air] and in that case, he shall be entitled to receive traveling allowance of an amount equal to one and one-fourth48[ of the fare for the air-conditioned class, or as the case may be, of the air fare) for each such journey.]

SECTION 05AC: FREE TRANSIT BY RAILWAY AND STEAMER

49(1) Every member shall, with effect from the 1st day of April, 1981, be provided with facilities, which shall entitle him at any time to travel singly by first class by any railway in any part of India, or by steamer in any part of the State 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, whether within the State or outside the State, may be availed of by the member, 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 member outside the State and by the members of the family whether within or outside the State, in any financial year, does not in the aggregate exceed50[thirty thousand kilometres.]

Explanation

: - For the purpose of calculating the maximum limit of 51[twenty thousand kilometres] for travelling the number of kilometres

travelled by an officer jointly with his spouse, outside the State, and the number of kilometres travelled by the member of his family from the place of residence, whether within or outside the State, shall be counted separately.

(2)(a) Notwithstanding anything contained in this Act, where a member, 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, in any part of India, whether within or outside the State, instead of by railway, as provided in this section, he shall be entitled, subject to the maximum limit of 51[twenty thousand kilometres] for travelling, to claim ž 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 difference between the fare for journey by air and the fare for journey by railway will have to be borne by the member.

(b) Where a member, either singly or jointly with the members of his family as aforesaid undertakes a journey by steamer or road transport, in any part of India outside the State, he shall be entitled, subject to the maximum limit of 51[twenty thousand kilometres] for

travelling, to claim the fare for journey by steamer or road transport if it is less than the farefor journey by railway for the same distance or, if the fare for journey by steamer or road transport is more than the fare for journey by railways for the same distance, to claim the fare for journey by railway for the same distance, and he shall have to bear the difference between the two fares.

(3) In this section and in Section 5A, where facilities are given to a member to travel jointly with the spouse (with or without minor children), then in the case of a lady member, she shall be entitled to have these facilities to travel, from time to time, jointly with her spouse or, instead, with any other member of her family as defined in the Explanation below sub-section (2) of Section 6].

SECTION 05B: DAILY ALLOWANCE AND TRAVELLING ALLOWANCE TO MEMBERS ON VACATING SEATS

55Notwithstanding anything contained in this Act, a person on ceasing to be a member shall be entitled, and be deemed always to have been entitled-

(a) for the day next succeeding the day on which he ceased to be a member to daily allowance at the rate provided for in Section 4, and

(b) for the return journey, to travelling allowance at the rate provided for in Section 5 for such journey]

SECTION 05C: TELEPHONE FACILITIES TO MEMBERS

56(1) A Member shall be entitled to have a telephone installed at Government cost at the place where he ordinarily resides or at any other place in the State which is also used by him for residence. The amount of initial deposit, installation and rental charges shall be borne by the State Government.

(2) Where a Member has a telephone installed at the place of his residence referred to in sub-section (1) at his own cost, then the rental charges in respect of such telephone shall be borne by the State Government.

(3)There shall be paid to every Member from the 1st day of January, 1975 a sum of57[Rs. 6,000] per month irrespective of the fact whether or not telephone facility has been provided under this section or whether the member has a telephone installed at his own cost].

SECTION 06: AMENITIES

58(1) A member shall be entitled to residential accommodation59[either without payment, of rent or on payment of such rent and] on such scale and on such conditions and to such other facilities as may be prescribed by rules or orders made under Section 8:

60Provided that, where any residential accommodation is provided to a member in any Hostel for the Members it shall be without payment or rent]

(2) Subject to rules or orders made under Section 8, a member shall be entitled for himself and for members of his family who are residing with, and dependent on him, 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.

(3)61A member 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 8, 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 of62[Rs. 3,000] per month from the State Government.

(4) (a)63A member elected to the Assembly shall be entitled to the use of a motor vehicle provided by the State Government, for 64[fifteen days] in a month, for the purpose of touring within the limits of his constituency. If the constituency of such member is situated within the limits of any City -for which a Municipal Corporation is constituted, he shall be entitled to this facility within the limits of that City.

(b) A member nominated to the Assembly and any member of the Council shall be entitled to use of a motor vehicle provided by the State Government, for65[fifteen days] in a month, for the purpose of touring, at his option, either within the limits of any Assembly constituency selected by him or within the limits of the taluka in which he ordinarily resides or carries on business. If any such member ordinarily resides or carries on business in a City for which a Municipal Corporation is constituted, he shall be entitled to this facility within the limits of that City.

(c) Where a member uses the motor vehicle provided under clause (a) or (b), the cost for the services of the chauffeur shall be borne by the State Government. The cost of fuel required for the vehicle shall subject to a maximum limit of distance or quantity as may be fixed by rules or orders made in this behalf, be borne by the State Government.

(d) Where a member does not make use of a motor vehicle provided under clause (a) or (b) for the purpose of his touring, throughout the period of any month, he shall be entitled to a mileage allowance for the tours undertaken by him in that month, at such rate and subject to such maximum limit of distance as may be fixed by rules or orders made in that behalf]

(5)66There shall be paid to every member a sum of67[Rs. 2000] per month for stationery and postage].

SECTION 06A: TRAVEL FACILITIES TO MEMBERS

Without prejudice to the other provisions of this Act, every member, who travels with his spouse shall once during every session Be Entitled to one first class railway fare or, as the case may be69[steamer fare] for his spouse from his usual place of residence to the place where the sesssion is held and for the return journey from such place.

SECTION 07: MINISTER, MINISTERS OF STATE. DEPUTY MINISTERS. SPEAKER, CHAIRMAN [LEADERS OF OPPOSITION] OR SALARIED PARLIAMENTARY SECRETARIES NOT ENTITLED TO SALARIES AND ALLOWANCES UNDER THIS ACT

Notwithstanding anything contained in this Act70[Minister, Minister of State or Deputy Ministers] the Speaker or Chairman,7l[or a Leader of the Opposition] or a salaried Parliamentary Secretary shall not be entitled to any salary, allowances, or provision for residential accommodation under this Act, by reason of the fact that72[Minister, Minister of State, Deputy Ministers] the Speaker, Chairman,74 [Leader of Opposition] or salaried Parliamentary Secretary is a member of the Assembly or Council.

SECTION 08: POWER TO MAKE RULES AND ORDERS

(1) (a) For the purpose of making rules or orders under this section, there shall be constituted a joint Committee of both Houses of the Legislature consisting of five members from the Council nominated by the Chairman and ten members from the Assembly nominated73 [by the Speaker and the Finance Minister shall be its ex-officio member and Chairman.]

(b)The Joint Committee constituted under clause (a)74shall have power to regulate its procedure.

(c) a member of the Joint Committee75[other than the Finance Minister] shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman or the Speaker, as the case may be.

(d) The Joint Committee constituted under clause (a) may, in consultation with the State Government, make rules or orders for carrying out the purposes of this Act.

(e) Any rules or orders made under clause (d) shall not take effect until they are approved and confirmed by the Chairman and the Speaker and are published in the Official Gazette; and such publication of the rules or orders shall be conclusive proof that they have been duly made.]

(2) Any rule or order 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.

SECTION 09: REPEAL

The Bombay Legislature Members' Salaries and Allowances Act, 1937 (Bom. III of 1937), the Bombay Legislature Members' Daily Allowance Act, 1950 (Bom. XXI of 1950) and the Bombay Legislature Members' Traveling Allowance Act, 1950 (Bom. XLV of 1950) (in this section referred to as the said Acts), 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 State 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 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.