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The East Punjab Ministers Salaries Act, 1947 Complete Act - Bare Act

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THE EAST PUNJAB MINISTERS SALARIES ACT, 1947

THE EAST PUNJAB MINISTERS SALARIES ACT, 1947

[Act No. 6 of 1947]

[1st December, 1947.]

PREAMBLE
An Act to provide for the salaries of Ministers of the East Punjab Government.
It is hereby enacted as follows :-

Section 1 - Short title and commencement
(1) This Act may be called the East Punjab Ministers' Salaries Act, 1947.
(2) It shall come into force at once.

Section 1-A - Definitions
1
[(a) "House" includes the staff quarters and other buildings appurtenant thereto.
(b) "Maintenance" in relation to a house shall include the payment of local rate and taxes, and charges for electricity and water.
1. Inserted by Punjab Act 3 of 1952, Section 2. It was deemed to be Inserted w.e.f. 17th April, 1952.

Section 2 - SECTION
1
[(1) There shall be paid to each Minister a salary at the rate of fifteen hundred rupees per menses, 2[and in addition thereto a sumptuary allowance in the case of Chief Minister at the rate of two thousand and five hundred rupees per manse and in the case of a Minister one thousand and five hundred rupees per menses.]
(2) Each Minister shall be provided with a free furnished house, the maintenance charges of which shall be borne by the State Government: or, in lieu of such house, shall be paid an allowance not exceeding three hundred rupees per manse, as the Government may in each case fix. 3The State Government may also allow him to continue in free occupation of the house provided to him for a period not exceeding fifteen days from the date of his ceasing to be a Minister.
(3) Each Minister shall also be paid conveyance allowance at the rate of three hundred rupees per manse or, in lieu thereof, a State car, the expenses on the maintenance and propulsion of which shall be borne by the State Government.
4
Provided that the maintenance and propulsion expenses of the State car in use by the Minister shall not be subject to the limit of three hundred rupees.
5
[4(a) Each Minister shall be entitled to have a telephone installed at any place within his Constituency or at Chandigarh and all charge, in respect of installation and security deposit shall be paid by the Minister himself and the amount so paid shall be reimbursed to the Minister, by the Government on production of receipts obtained from the Posts and Telegraph Department.
4(b) The charges in respect of rental, local and outside calls made by a Minister from one or more telephones installed in his name within the State of Punjab and the Union Territory of Chandigarh shall be paid initially by the Minister himself and the amount so paid shall also be reimbursed to the Minister by the Government on production of receipts from the Posts and Telegraph Department.
Provided that the reimbursement of charges referred to in subs- sections (a) and (b) shall not exceed 6[fourty eight thousand rupees] per annum.]
1. Substituted by Act 15 of 1953.
2. Substituted vide Act 5 of 1992.
3. Inserted by Punjab Act 35 of 1953, Section 2. These words shall be deemed always to have been so Inserted.
4. Proviso Inserted by Punjab Act 33 of 1957, Schedule.
5. Substituted vide Punjab Act No. 20 of 1995.
6. Substituted vide Act No. 21 of 1998.

Section 2-A - Power to make or adopt rules
1
[(1) The traveling allowance of the Ministers, including the Chief Minister, shall be regulated in accordance with such 2rules as may be framed or adopted by the State Government from time to time :
Provided that no mileage or traveling allowance shall be chargeable in respect of journey performed in a State car.
(2) Any expenditure incurred in relation to the traveling allowance of Ministers before the commencement of this Act shall be deemed to have been incurred in accordance with such rules as if the said rules were framed and adopted under this Act.
1. Section 2-A Inserted by Punjab Act 3 of 1952, Section 4.
2. For rules framed under this Act see Punjab Govt. Notification No. 4436 P. 53/32824, dated 1st June, 1953, and page 61 of this publication.

Section 2-B - Ministers not to draw salary or allowance as member of the State Legislature
1
[No person in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of the funds provided by the State Legislature by way of salary or allowance in respect of his membership of the State Legislature.
1. Section 2-B inserted by Punjab Act 33 of 1957, Schedule.

Section 2-BB - Travelling concessions
1
[(1) Every Minister along with his spouse and his dependent children accompanying either of them and an attendant accompanying him to look after and assist him shall, during the course of a financial year, be entitled to travel by any railway in India or within or out side India by an air- conditioned coach or by air and an amount equivalent to the expenses incurred on such journey shall be reimbursed to him :
Provided that where a Minister travels by his own motor car and furnishes a cash receipt from a licensed dealer indicating the name of the Minister, quantity of petrol or diesel purchased by him for propulsion of his motor car, the date on which it was purchased, the cost thereof and the registration number of his motor-car, the expenses so incurred shall be reimbursed to him :
Provided further that the total expenses incurred for the facilities specified in this section shall not exceed the amount of 2[fifty thousand rupees] in a financial year.]
1. Substituted vide Punjab Act 5 of 1992.
1. Substituted vide Punjab Act No. 20 of 1995.

Section 2-BBB - Constituency, Secretarial and Postal Facilities Allowance
1
[There shall be paid to the Minister consistency, secretarial and postal facilities allowance at the rate of 2[five thousand rupees per manse.]
1. Inserted vide Punjab Act No. 5 of 1992.
2. Substituted vide Punjab Act No. 21 of 1998.

Section 2-C - Salary, allowances and perquisites to be exclusive of income tax
1
[The salary and allowance payable to a Minister, and for furnished house and other perquisites admissible to him, under this Act, shall be exclusive of the income tax which shall be payable by the State Government.
1. See Punjab Act 9 of 1982.

Section 2-D - Grant of loan
1
[(1) Subject to such conditions and limitations as may be prescribed by rules, there may be paid to each Minister by way of a repayable advance-
(a) a sum of money not exceeding 2[six lac rupees] for building or purchasing a house; and
3
(b) a sum of money not exceeding 2[three lacs rupees] or the anticipated price, whichever be less, for purchase of a Motor-car or a Jeep or for conversion of a petrol driven Motor-car or a Jeep to a diesel driven vehicle, or a sum of money not exceeding ten thousand rupees or the anticipated price, whichever be less, for purchase of a Motor- cycle or a Scooter.
(2) On the acceptance of an application for an advance, the Minister shall execute a deed in the form prescribed by rules, undertaking to use the advance for the purpose for Which, and to fulfil the conditions on which, the advance is sanctioned, rendering himself and such property as may have been specified in the deed as security, including the house purchased or built with the aid of the advance liable for the repayment of the loan and interest due thereon :
Provided that no advance for building the house shall be sanctioned unless the plot or land on which the house to be built, is exclusively owned and possessed by the Minister applying there for, and is free from all encumbrances.
(3) No transfer, assignment or charge made or created after the execution of the deed under sub-section (2), in relation to the property specified therein or the house purchased or built with the aid of the advance, shall be valid against the State Government, unless it has been made or created with its previous consent in writing.
(4) The State Government may make rules for carrying out the purposes of this section.
1. Substituted by Punjab Act 11 of 1979.
2. Substituted vide Act No. 21 of 1998.
3. See Punjab Act 16 of 1983.

Section 2-DD - SECTION
1
[ A Minister may be paid second repayable advance for the purchase of a motor-car if he has repaid the entire previous advance subject to the conditions specified in section 2-D.]
1. Inserted vide Punjab Act No. 21 of 1998

Section 3 - Repeal of Punjab Act II of 1937 and Ordinance No. XI of 1947
The Punjab Ministers' Salary Act, 1937, and the East Punjab Ministers' Salaries Ordinance, 1947, are hereby repealed.
Punjab State Acts


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