MAHARASHTRA MINISTERS' SALARIES AND ALLOWANCES ACT, 1956 Complete Act - Bare Act

MAHARASHTRA MINISTERS' SALARIES AND ALLOWANCES ACT, 1956

48 of 1956

30th November, 1956

An Act to provide for salaries and allowances of the Ministers of 9[the Government of

Maharashtra] and certain other matters. WHEREAS, it is expedient to provide for the

determination of the salaries and allowances of the Ministers of 9[the Government of

Maharashtra] 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

10[(1) This Act may be called the Maharashtra Ministers 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, less there is anything repugnant in the subject or context,-

(a) "maintenance" in relation to a residence includes the payment of rates and taxes due to

Government of any local authority and the provisions of the electricity, gas and water;

(b)11["Minister", "Minister of State" and "Deputy Minister" means respectively a Minister, a Minister of State and a Deputy Minister] of the12[the Government of Maharashtra] and "Minister" includes the Chief Minister13[and the Deputy Chief Minister];

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

(d) "rules or orders" means rules or orders respectively made under this Act.

SECTION 03: SALARIES OF MINISTERS AND MINISTERS OF STATE

There shall be paid to each Minister a salary ofl4[Rs. 2,500] per month; and to each Minister of State a salary of15[2,300] per month.

SECTION 04: RESIDENCES OF MINISTERS AND MINISTERS OF STATE

16(1) Each l6[Minister and Minister of State] 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 Rs.250 per month.

(2) No charge shall fall on the17[Minister and Minister of State] personally in respect of the maintenance of any residence provided under this section.

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

SECTION 05: CONVEYANCES FOR MINISTERS *[AND MINISTERS OF STATE]

(1) The State Government may from time to time for the use of18[the Minister or Ministers of State], purchase and provide a motor car 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.l9[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 be paid to20[each Minister and Minister of State] a conveyance allowance at 2l [such rate per month as may be prescribed by rules made in that behalf.]

SECTION 06: SALARIES OF DEPUTY MINISTERS

There shall be paid to each Deputy Minister22[a salary of23[2,100 per month].

SECTION 07: RESIDENCES OF DEPUTY MINISTERS

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

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

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

SECTION 08: CONVEYANCES FOR DEPUTY MINISTERS

26(1) The State Government may from time to time for the use of Deputy Minister purchase and provide a motor car 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 27[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 be paid to each Deputy Minister, a conveyance allowance at28[such rate per month as may be prescribed by rules made in that behalf.]

SECTION 08A: SITTING ALLOWANCE TO MINISTERS

29Each Minister, Minister of State and Deputy Minister shall be entitled to a sitting allowance at the rate of Rs. 100 per day throughout his term of office as such Minister or Minister of State or Deputy Minister, as the case may be.]

SECTION 09: TRAVELLING AND DAILY ALLOWANCES AND RESIDENTIAL ACCOMMODATION AT PLACES OTHER THAN HEADQUARTERS

30Subject to any rules or orders made in this behalf by the State Government,3l[a Minister or Minister of State or Deputy Minister] 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 and suitable residential accommodation at places visited by him on such business.

Explanation

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

SECTION 10: MEDICAL ATTENDANCE

Subject to rules or orders made by the State Government,32[a Minister or Minister of State and a Deputy Minister] and the members of the family of33[the Minister, the Minister of State] or Deputy Minister] or the Deputy Minister, 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.

SECTION 10A: TELEPHONE FACILITIES TO MINISTERS

34(1) Every35[ Minister, Minister of State and Deputy Minister] shall during the term of his office also be entitled to have a telephone installed at Government cost at the place of residence or at anyplace 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 the36[Minister, Minister of State or Deputy Minister] 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).

(3) There shall also be paid to every37[ Minister, Minister of State and Deputy Minister] sum of38[Rs. 6,000] per month, from the month in which telephone facility has been provided under the section.

39[(4) Where a Minister, Minister of State or Deputy Minister] 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 there shall be paid to such Minister, Minister of State or Deputy Minister, as the case may be a sum of40[Rs. 6,000] for 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 Minister, Minister of State or Deputy Minister, as the case may be, resides at such as a residence and a separate telephone is not provided to him by or under the provisions of this Act by the State Government.]

SECTION 10B: FREE TRANSIT BY RAILWAY AND STEAMER

41Every Minister or Minister of State or Deputy Minister shall,42[* * *] be provided with facilities, which shall entitle him at any time to travel singly by43[first class or, as the case may be, by air-conditioned two-tier] 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 Minister, Minister of State or Deputy Minister, as the case may be 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 him outside the State, and by the members of his family, whether within or outside the State, in any financial year, does not in the aggregate exceed44[thirty thousand kilometres.]

Explanation

" For the purpose of calculating the maximum limit of4I [thirty thousand kilometres.] for travelling the number of kilometres travelled by the Minister, Minister of State or Deputy Minister, as the case may be, outside the State, and the number of kilometres travelled by the members of his family from the place of their residence, whether within or outside the State, shall be counted separately.

(2) (a) Notwithstanding anything contained in this Act, where a Minister or Minister of State or Deputy Minister, 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 41[thirty thousand kilometres.] for travelling, 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 difference between the fare for journey by air and the fare for journey by railway will have to be borne by the Minister, Minister of State or Deputy Minister, as the case may be.

(b) Where a Minister, Minister of State or Deputy Minister, 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 41 [thirty thousand kilometres.] for travelling, to claim the fare for journey by steamer or road transport if it is less than the fare for journey by railway for the same distance or, if the fare for journey by steamer.or road transport is more 44 These words were substituted for the words "twenty thousand kilometres" by Mah. 24 of 1987, Section 6. than the fare for45[journey by first class by railway] for the same distance, to claim the fare for 45[journey by first class by railway] for the same distance, and he shall have to bear the difference between the two fares.

SECTION 10C: FACILITY OF A PERSONAL ASSISTANT

46Every Minister, Minister of State and Deputy Minister shall be entitled, free of charge, to the services of a personal assistant. For this purpose, the Minister, Minister of State or Deputy Minister, as the case may be, may appoint any person, possessing such qualifications as may be prescribed by rules or orders made under Section 14, 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 of47[Rs. 2,500 per month from the State Government.]

SECTION 11: SUMPTUARY ALLOWANCE TO CHIEF MINISTER

There shall be placed at the disposal of the Chief Minister a sum of48[Rs. 6,00,000] per year as sumptuary allowance.

SECTION 12: MINISTER, MINISTER OF STATE AND DEPUTY MINISTER NOT ENTITLED TO SALARIES AND ALLOWANCES AS MEMBERS OF STATE LEGISLATURE

Notwithstanding anything contained in any law for the time being in force, determining the salaries and allowances of the members of the State Legislature49[a Minister or a Minister of State or a Deputy Minister] shall not be entitled to receive any salary or allowances under such law although he is member of the50[Maharashtra Legislative Assembly] or the51[Maharashtra Legislative Council].

SECTION 13: MINISTERS OF STATE AND DEPUTY MINISTERS NOT DISQUALIFIED

For the avoidance of doubt, it is hereby declared that a person shall not be disqualified for being chosen as, or for being, a member of the52[Maharashtra Legislative Assembly] or the53[Maharashtra Legislative Council merely by reason of the fact that he holds the54[office of a Minister of State] or of a55[Deputy Minister].

SECTION 14: POWER OF STATE GOVERNMENT TO MAKE RULES AND ORDERS

(1) The State Government may make any rules or orders for carrying out the purposes of this Act.

(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 the Act.

SECTION 15: REPEAL

The Bombay Ministers' Salaries and Allowances Act, 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 new56State 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.