The Haryana Legislative Assembly (Salary, Allowances and Pension of Members) Act, 1975 Complete Act - Bare Act

1975

2

THE HARYANA LEGISLATIVE ASSEMBLY

Substituted for the word "Allowances" by Haryana Act 6 of 1977 further substituted by Haryana Act 6 of 2011 w.e.f.7-9.2010. [SALARY, ALLOWANCES AND PENSION OF MEMBERS] ACT, 1975

Amended by Haryana Act 23 of 1975 For Statement of Objected and Reasons, see Haryana Government Gazette (Extraordinary), dated the 7^th August, 1975, page 1042.

Amended by Haryana Act 24 of 1975 For Statement of Objected and Reasons, see Haryana Government Gazette (Extraordinary), dated the 9^th August, 1975, page 1052.

Amended by Haryana Act 22 of 1976 For Statement of Objected and Reasons, see Haryana Government Gazette (Extraordinary), dated the 1^st July, 1976, page 1206.

Amended by Haryana Act 22 of 1976 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 25^th March, 1977, page 475.

1975

Contd.

2

Amended by Haryana Act 19 of 1977 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 4^th July, 1977, page, 1202.

Amended by Haryana Act 20 of 1978 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 24^th August, 1978, page 1155.

1975 Amended by Haryana Act Contd. 13 of 1979 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 10^th March, 1979, page 524.

Amended by Haryana Act 16 of 1980 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 11^th March, 1980, page 500.

Amended by Haryana Act 17 of 1980 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 11^th March, 1980, page 462.

Amended by Haryana Act 18 of 1980 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 17^th March, 1980, page 566.

Amended by Haryana Act 31 of 1980 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 5^th July, 1980, page 1280.

Amended by Haryana Act 37 of 1980 For State of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 15^th December, 1980, page 2235.

Amended by Haryana Act 8 of 1984 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 27^th March, 1984, page 518.

1975

Contd.

Amended by Haryana Act 9 of 1984 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 27^th March, 1984, page, 550.

Amended by Haryana Act 7 of 1985 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 28^th March, 1985, page 481.

Amended by Haryana Act 11 of 1985 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 26^th September, 1985, page 1630.

Amended by Haryana Act 5 of 1986 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 27^th February, 1986, page 373.

Amended by Haryana Act 20 of 1986 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 25^th November, 1986, page 1379.

Amended by Haryana Act 16 of 1988 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 25^th March, 1988, page 420.

Amended by Haryana Act 8 of 1989 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 13^th March, 1989, page 617.

Amended by Haryana Act 8 of 1990 For State of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 28^th March, 1990, page 549.

Amended by Haryana Act 12 of 1990 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 3^rd September, 1990, page 1632.

1975

Contd.

Amended by Haryana Act 6 of 1991 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 14^th March, 1991, page, 645.

Amended by Haryana Act 2 of 1993 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 22^nd December, 1992, page 2622.

Amended by Haryana Act 5 of 1995 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 20^th February, 1995, page 254.

Amended by Haryana Act 7 of 1997 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 20^th March, 1997, page 729.

Amended by Haryana Act 16 of 1997 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 22^nd July, 1997, page 1761.

Amended by Haryana Act 16 of 1998 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 25^th July, 1998, page 1245.

Amended by Haryana Act 9 of 2002 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 20^th March, 2002, page 593.

1975

Contd.

Amended by Haryana Act 8 of 2005 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 17^th June, 2005, page 2699.

Amended by Haryana Act 6 of 2006 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 13^th December, 2005, page 4651.

Amended by Haryana Act 13 of 2006 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 12^th January, 2006, page 87.

Amended by Haryana Act 30 of 2006 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 14^th September, 2006, page 2857.

Amended by Haryana Act 10 of 2007 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 16^th March, 2007, page 1106.

Amended by Haryana Act 5 of 2008 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 28^th February, 2008, page 725.

Amended by Haryana Act 13 of 2008 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 26^th March, 2008, page 1541.

Amended by Haryana Act 14 of 2008 For State of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 27^th March, 2008, page 1716.

Amended by Haryana Act 6 of 2011 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 24^th February, 2011, page 738.

Amended by Haryana Act 13 of 2011 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 12^th August, 2011, page 2719.

This Act may be called the Haryana Legislative Assembly Substituted by Haryana Act 6 of 1977 further substituted by Haryana Act 6 of 2011.

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

(a) "Assembly" means the Haryana Legislative Assembly;

(b) "Committee" means a select committee or other committee of the Assembly and includes any committee appointed by the State Government for a purpose connected with the business of the Government;

(c) "Deputy Speaker" means the Deputy Speaker of the Assembly;

(d) "Leader of the Opposition" means the member of the Assembly who is for the time being recongized as such by the Speaker of the Assembly;

(e) "member" means a member of the Assembly other than a Minister, or the Speaker, or the Deputy Speaker;

(f) "meeting" means a meeting of the Assembly or of a committee thereof;

(g) "prescribed" means prescribed by rules made under this Act; and

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

Inserted by Haryana Act 6 of 2011 w.e.f.7.9.2010. There shall be paid to each member a salary of Substituted vide Haryana Act 13 of 2011 w.e.f. 1.4.2011.(twenty thousand rupees) per mensem.

(1) Subject to the conditions herein contained there shall be paid to each member from the date of which he takes oath a compensatory allowance Substituted by Haryana Act 16 of 1997. [at such rates as may be prescribed].

(2) If a member-

(a) fails to attend at least ninety per centum of the total number of meetings held in any month; or

(b) elected during the course of a month fails to attend at least ninety per centum of the total number of meetings held in that month subsequent to the date on which he takes his oath, he shall not for that month paid any compensatory allowance other than an allowance Substituted by Haryana Act 16 of 1997.[at such rates as may be prescribed] for every meeting actually attended by him as such member unless he satisfies the Secretary of the Assembly that he was prevented by reason of ill-health or any other sufficient cause from attending the required number of meetings:

Provided that no member who draws the compensatory allowance prescribed in this sub-section shall receive a sum greater than ninety per centum of the amount that would be due to him in any one month under sub-section (1) had he attended the requisite number of meetings.

Substituted by Haryana Act 16 of 1997.[(3) Wherein any month there have been no meetings or no meeting is held after the election of member during the course of a month, the member shall be paid full compensatory allowance for such month].

(4) Notwithstanding anything hereinbefore contained, no compensatory allowance shall be paid to any member in respect of any period during which he was under legal detention Substituted by Haryana Act 19 of 1977 and shall be deemed to have been substituted w.e.f. 1-6-1975.[under any law other than the Maintenance of Internal Security Act, 1971] for the time being in force.

Inserted by Haryana Act 5 of 1999, dated 8-3-99.[Explanation.- For the purposes of this section, the term "member" shall not include the Leader of Opposition, Chief Parliamentary Secretary or Parliamentary Secretary.]

Substituted by Haryana Act 17 of 1980 w.e.f. 1-4-80 and further substituted by Haryana Act 7 of 1985 and further substituted by Haryana Act 16 of 1988 w.e.f. 1-4-88 and further substituted by Haryana Act 8 of 1989 w.e.f. 1-3-89 and further substituted by Haryana Act 8 of 1990 w.e.f 1-4-90 and further substituted by Haryana Act 2 of 1993 and further substituted by Haryana Act 16 of 1997 and further substituted by Haryana Act 9 of 2002 and further substituted by Haryana Act 14 of 2008 and further substituted by Haryana Act 6 of 2011 w.e.f. 7.9.2010.[
3A. Notwithstanding anything contained in any other law for the time being in force, there shall be paid to each member a constituency allowance Substituted by Haryana Act 17 of 1980 w.e.f. 1-4-80 and further substituted by Haryana Act 7 of 1985 and further substituted by Haryana Act 16 of 1988 w.e.f. 1-4-88 and further substituted by Haryana Act 8 of 1989 w.e.f 1-3-89 and further substituted by Haryana Act 8 of 1990 w.e.f. 1-4-90 and further substituted by Haryana Act 2 of 1993 and further substituted by Haryana Act 16 of 1997 and further substituted by Haryana Act 9 of 2002 and further substituted by Haryana Act 14 of 2008 and further substituted by Haryana Act 6 of 2011 w.e.f. 7.9.2010.(of twenty thousand rupees per mensem or as may be prescribed).

Explanation.- For the purpose of this section a member shall include the Chief Minister, a Minister, a Minister of State, a Deputy Minister, the Speaker, the Deputy Speaker, the Chief Parliamentary Secretary and a Parliamentary Secretary.]

Inserted by Haryana Act 16 of 1998. [
3B. There shall be paid to each member a sumptuary allowance of Substituted by Haryana Act 14 of 2008 further substituted by Haryana Act 6 of 2011 w.e.f. 7.9.2010.(five thousand rupees) per mensem or as may be prescribed from time to time.

There shall be paid to each member an office allowance of Substituted by Haryana Act 6 of 2011 w.e.f. 7-9-2010.(five thousand rupees) per mensem or as may be prescribed:

Provided that an office allowance to maintain office in his Constituency/District shall be paid to the Leader of Opposition at such rate as it admissible to a minister under the Haryana Salaries and Allowances of Ministers Act, 1970.

Inserted by Haryana Act 8 of 2005.[
3D.] A member shall be entitled to secretarial allowance at the rate of Rs. 10,000/- Substituted by Haryana Act 6 of 2011 w.e.f. 7-9-2010. (Ten thousand rupees) per mensem which the Haryana Vidhan Sabha Secretariat may pay to the person to be notified by the members to the Secretariat to work as his Secretary:

Provided that the person so notified by the member shall render assistance to the member at the pleasure:

Provided further than no member who has been holding office of Chief Minister/Deputy Chief Minister/ Minister/ Deputy Minister/ Speaker/Deputy Speaker/Chief Parliamentary Secretary/Parliamentary Secretary and retains Special Assistant (Personal) shall draw such allowance.

(1) In addition to the allowances payable under this Act, the Leader of the Opposition shall be entitled to receive Substituted by Haryana Act 16 of 1998 w.e.f.1.4.88 and further substituted by Haryana Act 2 of 1993 and further substituted by Haryana Act 16 of 1997.[a salary of Substituted by Haryana Act 16 of 1998 w.e.f. 1.4.88 and further substituted by Haryana Act 2 of 2006 and further substituted by Haryana Act 14 of 2008 and further substituted by Haryana Act 6 of 2011 w.e.f. 7.9.2010.(forty thousand rupees) per mensem and a sumptuary allowance and a constituency allowance at such rates as may be prescribed].

(2) He shall also be entitled without payment of rent to the use of a furnished residence at the headquarters of the State Government throughout his term of office and no charge shall fall on him personally in respect of the maintenance of such residence, or, in lieu of such residence shall be entitled to be paid such allowance not exceeding three hundred rupees per mensem as the State Government may determine.

Inserted by Haryana Act 37 of 1980 w.e.f. 1-7-1980.[2A-He shall also be entitled to a conveyance allowance at the rate of Substituted by Haryana Act 16 of 1997 and further Substituted by Haryana Act 16 of 1998.(ten thousand rupees) per mensem or in lieu thereof a State car, the expenses on the maintenance and propulsion of which shall be borne by the State Government subject to such restrictions as may be imposed by the State Government, from time to time, for the use of State cars by the Ministers:

Provided that the maintenance and propulsion expenses of the State car in use by him shall not be subject to the limit of Substituted by Haryana Act 16 of 1997 and further Substituted by Haryana Act 16 of 1998.(ten thousand rupees) per mensem.

2B- He shall further be provided with a telephone at his residence at the headquarters of the State Government, at the expense of the State Government, subject to such restrictions as may be imposed by the State Government, from time to time, for the use of residential telephones by the Ministers.]

Inserted by Haryana Act 8 of 1984.[2C
-He shall further be entitled to stationery and stamps or incur expenditure thereon upto the value of not more than two thousand and four hundred rupees per annum.

2D-He shall also be entitled, while on tour, to daily allowance, as admissible to a Minister.

2E- Notwithstanding anything to the contrary contained in this Act, the Leader of the Opposition shall not be entitled to daily allowance for attending meetings of the committees of the Haryana Legislative Assembly.]

(3) He shall further be provided with the following staff, namely:-

(i) a personal assistant ; and

(ii) a peon.

(4) The salary and allowance referred to in Omitted by Haryana Act 24 of 1975. [sub-sections (1), (2) and (2A)] respectively shall be exclusive of the tax payable in respect thereof under any law relating to income-tax for the time being in force and such tax shall be borne by the State Government.

For the purposes of this sub-section, the salary and allowance received by the Leader of the Opposition during any financial year shall be deemed to be his only income for that financial year.

Section 5 renumbered as sub-section (1) by Haryana Act 16 of 1980. [5. (1) Subject to such conditions and limitations as may be imposed by rules made under this Act, there shall be paid-

(a) to the Speaker and the Deputy Speaker such travelling and halting allowances Substituted by Haryana Act 9 of 2002. [as admissible to a Minister]; and

(b) to each member-

(i) such travelling allowances as may be prescribed;

(ii) a halting allowance Substituted by Haryana Act 24 of 1975 and further Substituted by Haryana Act 9 of 1984 and further substituted by Haryana Act 8 of 1989 w.e.f. 1-3-89 and further substituted by Haryana Act 2 of 1993 and further substituted by Haryana Act 7 of 1997 and further substituted by Haryana Act 16 of 1997 and further substituted by Haryana Act 9 of 2002 and further substituted by Haryana Act 2 of 2006 and further substituted by Haryana Act 13 of 2008 and further substituted by Haryana Act 6 of 2011 w.e.f. 7.9.2010.[at the rate of one thousand five hundred rupees per day or as may be prescribed] per day for each day of attendance at a meeting of the Assembly or committee or in respect of journeys undertaken under the orders of the Speaker for any other business anywhere connected with his duties as a member:

Omitted by Haryana Act 24 of 1975.[* * * * * *]

Provided further that if a member has been ordered to absent himself from a meeting or meetings of the Assembly under the Rules of Procedure and Conduct of Business in the Haryana Legislative Assembly for the time being in force, he shall not be entitled for such period of absence to the allowance:

Provided further that a member shall also be entitled to halting allowance,-

(1) Where he arrives for attending a meeting of the Assembly one or two days earlier to the date of such meeting, or departs from the place of such meeting one or two days immediately after the date on which the Assembly is adjourned since die, for such one or two days, as the case may be, of arrival and departure; and

(2) Where he arrives for attending a meeting of a committee one day earlier to the date of such meeting, or departs from the place of such meeting one day immediately after the conclusion of the business of the committee, for such one day of arrival and departure;

(3) an incidental allowance Substituted by Haryana Act 16 of 1997.[ at the rate as may be prescribed] for the day of departure from and incidental allowance Substituted by Haryana Act 16 of 1997. [at the rate as may be prescribed] per day for the day of arrival at the usual place of residence of the member when he leaves his usual place of residence to attend a meeting and returns thereto after the meeting.

A break of less than four days between two successive meetings of the Assembly or committee shall be deemed to be a day or days of attendance for a member who does not leave the place of the meeting during such break:

Provided that nothing in this section shall entitle the Speaker or the Deputy Speaker or any member to any travelling or halting allowance if such person ordinarily resides or carries on business at any place within five miles of the place at which his attendance is required in connection with his duties as Speaker or Deputy Speaker or member, as the case may be.]

Inserted by Haryana Act 16 of 1980. [(2) Nothing in sub-section (1) shall debar a member from claiming halting allowance under that sub-section for the day of the meeting merely on the ground that the meeting was adjourned for want of quorum or cancelled for any reason whatsoever, if the member came to know of such adjournment or cancellation after arriving at the place of the meeting.]

6. (1) A member shall be entitled to such residential accommodation on concessional rates at the place of sitting of the Assembly as may be prescribed.

Substituted by Haryana Act 37 of 1980.[(2) Every member shall, at the expense of the State Government, be provided with a telephone, at his option, either at his permanent place of residence or at Chandigarh or if for any reason such facility cannot be provided at such place, at any other place, specified by the member.]

Substituted by Haryana Act 9 of 1984 and substituted by Haryana Act 8 of 1989 w.e.f. 1-3-89 and further substituted by Haryana Act 8 of 1990 w.e.f. 1-4-90 and further substituted by Haryana Act 2 of 1993 and further substituted by Haryana Act 7 of 1997 w.e.f. 1-4-97 and further substituted by Haryana Act 16 of 1997 and further substituted by Haryana Act 16 of 1998.[(3) A member provided with a telephone under sub-section (2) shall be paid an allowance of Substituted by Haryana Act 9 of 2002.[rupees ten thousand] per mensem or as may be prescribed.]

Added by Haryana Act 24 of 1975.[
Explanation.- For the purposes of sub-section (2) and (3), a Member shall include the Chief Minister, Minister, a Minister of State, a Deputy Minister, the Speaker, the Deputy Speaker, the Chief Parliamentary Secretary and a Parliamentary Secretary.

7. (1) Every member shall be provided with-

Substituted by Haryana Act 7 of 1985 and further substituted by Haryana Act 12 of 1990 and further substituted by Haryana Act 7 of 1997.[(a) the facility of free travel which shall entitle him (including members of his family), to travel to Substituted by Haryana Act 16 of 1997. (any place in India or outside India) through any mode of transport. He shall be reimbursed the actual expenses incurred by him or undertaking such journey subject to a maximum of Substituted by Haryana Act 16 of 1998 and further substituted by Haryana Act 9 of 2002 and further substituted by Haryana Act 13 of 2006. (two lakh rupees per annum or as may be prescribed;)]

Substituted by Haryana Act 13 of 1979.[(b) (i) two free non-transferable passes which shall entitle him and his wife or any other person accompanying him to travel at any time by any public service vehicle of Haryana State Transport Undertaking, including deluxe coach; and

(ii) one free non-transferable pass which shall entitle him to travel at any time within the State of Haryana or the Union Territory of Delhi or the Union Territory of Chandigarh by any public service vehicle of the Pepsu Road Transport Corporation:

Provided that if the journey is performed by him by an air-conditioned vehicle, he shall pay the difference between the fare of such vehicle and that of a deluxe vehicle.]

.- For the purposes of clause (b), a journey shall be deemed to be a journey within State of Haryana or the Union Territories of Delhi or Chandigarh, where the place of commencement of the journey and the destination thereof are situated in such State or any such Union Territory, or the place of commencement is situated in such State and the destination in any such Union Territory, or the place of commencement is situated in one such Union Territory, and destination in another such Union Territory, notwithstanding that the territory of any other State or Union Territory intervenes.

Substituted by Haryana Act23 of 1975 and shall be deemed to have always been substituted. [
Explanation ll.-For the purposes of this sub-section a member shall include the Chief Minister, a Minister, a Minister of State, a Deputy Minister, the Speaker, the Deputy Speaker, the Chief Parliamentary Secretary and a Parliamentary Secretary.]

(2) The free passes issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of such term, such passes shall be surrendered by him to the Secretary of the Assembly.

(3) Nothing in this section shall be construed as disentitling a member to any travelling allowance to which he is otherwise entitled under the provisions of this Act or the rules made thereunder.

Inserted by Haryana Act 6 of 1977.[7A. Substituted by Haryana Act 7 of 1985 and further substituted by Haryana Act 6 of 1991 and further substituted by Haryana Act 16 of 1997 and further substituted by Haryana Act 16 of 1998 and further substituted by Haryana Act 2 of 2006 and further substituted by Haryana Act 30 of 2006 and further substituted by Haryana Act 5 of 2008 further substituted by Haryana Act 6 of 2011 w.e.f. 7.9.2011.[(1) Every person shall be paid a pension of seven thousand five hundred rupees per mensem if he has served as a Member for a period not exceeding five years and an additional pension of one thousand rupees per mensem for every additional year or part thereof exceeding a period of five years and if the period of the first membership falls less than the term of five years of the Assembly, it will be treated as full period of five years for the purpose of pension:

Provided that family pension shall be admissible, as may be prescribed to surviving spouse and after his or her death to the children (upto the age of eighteen years) of members who had been drawing pension under this Act.]

Inserted by Haryana Act 20 of 1978 w.e.f. 8-4-1977. [(1A) No pension shall be admissible under sub-section (1) Substituted by Haryana Act 18 of 1980 w.e.f. 8-4-1977. (to a member in respect of the term and during the period for which he is disqualified) under the Representation of the People Act, 1951. Omitted by Haryana Act 10 of 2007. [* * * * *]

Inserted by Haryana Act 5 of 1999, dated 8-3-99. (1AA) Every person, who draws pension or family pension or is entitled to draw the same shall, in addition to the pension or family pension, as the case may be, admissible under this Act, shall be paid dearness allowance on pension, as it admissible to other pensioners of the State Government.

Added by Haryana Act 20 of 1986 and further substituted by Haryana Act 6 of 1991 and further substituted by Haryana Act 16 of 1997 and further omitted by Haryana Act 16 of 1998.[Proviso] * * *

Inserted by Haryana Act 6 of 1991 and further omitted by Haryana Act 16 of 1997. [Proviso] * * *

(2) Where any person entitled to pension under sub-section (1)-

(i) is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union Territory ; or

(ii) becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or Union Territory or any Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966 ; or

(iii) is employed on a salary under the Central Government or any State Government, or any corporation owned or controlled by the Central Government or any State Government, or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation or local authority,

such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration:

Provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remuneration referred to in clause (iii) payable to such person, is, in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section.

Substituted by Haryana Act 16 of 1997.[(3) Where any person entitled to pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.]

Proviso added by Haryana Act 20 of 1978 w.e.f. 8-4-1977 and further Omitted by Haryana Act 20 of 1986. [ * * * * * * *]

Inserted by Haryana Act 20 of 1978 w.e.f 8-4-1977 and further substituted by Haryana Act 20 of 1986.[(4) In this section a member means a person who, after the commencement of the Constitution of India,-

(a) has been a member of-

(i) the Haryana Legislative Assembly ; or

(ii) the Punjab Legislative Assembly ; or

(iii) the Punjab Legislative Council ; or

(iv) the Legislative Assembly of the erstwhile State of Patiala and East Punjab States Union ; or

(v) partly as a member of the one and partly as a member of the other ;

representing any of the territories of the State of Haryana as formed by section 3 of the Punjab Reorganisation Act, 1996, and who is ordinarily resident of the said territories ;

(b) has served as Chief Minister, Minister, Speaker, Minister of State, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary or Parliamentary Secretary.]

Inserted by Haryana Act 20 of 1978 w.e.f. 8-4-1977 and further omitted by Haryana Act 20 of 1986.[(5) * * * * * *]

Inserted by Haryana Act 31 of 1980 and further omitted by Haryana Act 19 of 1986. [7B * * * * * *]

Inserted by Haryana Act 5 of 1986.[7C. Every person who is entitled to pension under this Act shall be provided with-

(a) one free non-transferable pass which shall entitle him to travel at any time by any public service vehicle of the Haryana State Transport Undertaking including deluxe coach;

(b) one free non-transferable pass which shall entitle him to travel at any time within the State of Haryana or the Union Territory of Delhi or the Union Territory of Chandigarh by any public service vehicle of the Pepsu Road Transport Corporation:

Provided that if the journey is performed by him by an air conditioned vehicle, he shall pay the difference between the fare of such vehicle and that of a deluxe vehicle.

For the purposes of clause (b), a journey shall be deemed to be a journey within the State of Haryana or the Union Territories of Delhi or Chandigarh, where the place of commencement of the journey and the destination thereof are situated in such State or any such Union Territory, or the place of commencement is situated in such State and the destination in any such Union Territory, or the place of commencement is situated in one such Union Territory and the destination in another such Union Territory, notwithstanding that the territory of any other State or Union Territory intervenes.]

8. The member's allowances referred to in this Act, shall be exclusive of the tax payable in respect thereof under any law relating to income-tax for the time being in force, and such tax shall be borne by the State Government.

For the purposes of this section, Substituted by Haryana Act 22 of 1976 and shall always be deemed to have been substituted.[the allowances received by the Member and the salary and allowances received by him as a Minister as defined in section 2 of the Haryana Salaries and Allowances of Ministers Act, 1970], during any financial year shall be deemed to be his only income for that year.

8A. If any person to whom any amount is admissible under this Act, has not paid to the State Government any amount payable by him on account of any facility provided to him by the State Government in his capacity as a Minister, Leader of Opposition, Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or Member, then notwithstanding anything contrary contained in the sanction letter/agreement or mortgage deed, the amount so due from him, may be recovered from the amount admissible to him under this Act and if no amount is admissible or the amount so admissible is insufficient, in that case, the amount so due, shall be recovered from him or his legal representatives as arrears of land revenue.

For the purposes of this section, the words "facility" means facility of whatever nature and includes house/flat building/purchase advance, motor car advance, medical advance, rent of Government accommodation, State car, telephone/mobile phone or hospitality charges given under the provisions of the Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975 (2 of 1975), the Haryana Legislative Assembly (Facilities to members) Act, 1979 (9 of 1979), the Haryana salaries and Allowances of Minister Act, 1970 (3 of 1970), the Haryana Legislative Assembly Speaker's and Deputy Speaker's Allowances Act, 1975 (3 of 1975) and the Haryana Legislative Assembly (Medical Facilities to Members) Act, 1986 (19 of 1986) and rules made thereunder or instructions issued, from time to time.

9. (1) The Speaker may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Speaker may make rules in respect of the following matters, namely:-

(a) any matter which is required by this Act to be prescribed;

(b) the rates on and circumstances under which travelling and halting allowances may be drawn and the circumstances under which such allowances may be withheld;

(c) the manner in which distances between any two places should be calculated for the purposes of travelling allowance;

(d) the shortest available route by which a journey can be performed;

(e) the form in which claims may be presented, the method of scrutiny of claims and the authorities by and the manner in which such claims may be certified and paid;

(f) provision for residential accommodation of members;

(g) provision for travelling passes by rail or Road Transport; and

Inserted by Haryana Act 6 of 1977. [(gg) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act;]

(h) any other matter connected with or incidental to matters aforesaid.

(3) Until such rules come into force, all matters of detail not covered by this Act, shall be governed by the rules hitherto in force for the payment of allowances to members, so far as they are applicable.

10. If any question arises as to the interpretation of this Act or of the rules made thereunder, the matter shall be referred to the Speaker whose decision shall be final.

11. The Punjab Legislative Assembly (Allowances of Members) Act, 1942 (Punjab Act 4 of 1942), in its application to the State of Haryana, is hereby repealed.