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

MAHARASTRA LEGISLATURE MEMBERS SALARIES AND ALLOWANCES ACT, 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 4[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

5[

(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 the6[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 the7[Maharashtra Legislative Council];

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

(f)8["Minister", "Minister of State" and "Deputy Minister" means respectively a Minister, a Minister of State and a Deputy Minister] of the9[Government of Maharashtra] and "Minister" includes the Chief Minister10[and the Deputy Chief Minister];11[ff) "new Member" means12 [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 re-nominated]:

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

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

13[(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 Council14[or such other earlier date as the State Government may by order specify in this behalf, if he is not likely to takehis 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 the15[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.

]16[

(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.

19[

(2) There shall be paid to each Member during the whole of his term of office per month a sum of20[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 orders21[as may be made under Section 8] in this behalf, to each Member a daily allowance22[at the rate of23[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 suchsession 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.

27

[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 held32[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

3435

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 traveling allowance of an amount equal to one first class fare for the distance travelled as if such journey had been performed by railway.

]37

(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 38

(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]

:-44414243Notwithstanding anything contained in Sections 5 and Appellate Authority,45any Member may, for the purpose of transacting any business connected with his duties as46[Chairman of any Committee] undertake or perform the journey referred to in those sections47[either by railway in an airconditioned 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 of51[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 of51[twenty thousand kilometres] for travelling, to claim ž traveling 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 of51[twenty 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 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 subsection (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, for64[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

68 Without prejudice to the other provisions of this Act, every member, who travels with his spouse shall once during every session beEntitled 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

,76 ( 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 nominated 73[by the Speaker and the Finance Minister shall be its ex-officio member and Chairman.]

(b)The Joint Committee constituted under clause (a)74 shall 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 ofhis 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.

RULE 01: SHORT TITLE

1These rules may be called the Members of Maharashtra Legislature (Allowances) Rules.]

RULE 02: DEFINITIONS

In these rules, unless the context requires otherwise.-1

(a) Act" means the Maharashtra Legislature Members' Salaries and Allowances Act (Bom. XLIX of 1956);]

(b) "day" means a period of twenty-four hours beginning at midnight:

(c)"House" means the Assembly or, as the case may be, the Council:

(d)1"member" means a member of the Assembly or the Council, as the case may be, but does not include a Minister, Minister of State or Deputy Minister or the Chairman or Deputy Chairman or the Speaker or Deputy Speaker or a Leader of Opposition or a salaried Parliamentary Secretary;]

(e) "period of residence" means the period beginning on the commencement of a session of a House or meeting of a Committee and ending on the termination thereof during which a member resides at the place where the session or meeting is held for attending the same; and includes the day, immediately preceding the commencement of the session of the meeting and the day immediately succeeding the termination thereof;

(f) "section" means a section of the Act.

RULE 03: DAILY ALLOWANCE

Subject to the provisions of these rules a Member shall be entitled to draw daily allowance at the rate of2[Revision settlement. 75] specified in Section 4 for each day during the period of residence:

Provided that the member shall not be entitled to daily allowance for any day during the period of residence, unless the member -

(a) has resided at such place for at least 6 hours on that day (not being the day on which he departs finally from the place of that session or meeting and does not return); and

(b) if the session or meeting is held on that day, he has except due to illness or such final departure from such place, attended such session or meeting on that day.

RULE 04: WHEN MEMBERS ENTITLED TO DRAW TRAVELLING ALLOWANCE

Subject to the provisions of these rules, no member shall be entitled to draw travelling allowance under Section 5 except for the first journey undertaken by him from his usual place of residence for the purpose of attending a session of a House or meeting of a Committee at the place where such session or meeting is held and for the return journey therefrom whether before or after the termination of the session or close of the meeting:

Provided that, where a member performs such journeys from a place other than his usual place of residence, or returns to such place, he shall be entitled to draw travelling allowance for the actual journey performed or the journey from or to his usual place of residence, whichever is less.

RULE 05: RATE OF TRAVELLING ALLOWANCE

(1) Subject to the provisions of these rules, a member shall be entitled to draw traveling allowance under Section 5, for journeys described in that section undertaken by him for the class and at the rates hereinafter provided, that is to say ,- if the journey is undertaken -

(a) by railway or steamer, the rate shall be one and one-half of the fare of the first class provided thereon;

(b) by road ,

(i)in the hired conveyance, the rate shall be3[one rupee] oer kilometre, or the actual cost incurred, whichever is less, and

(ii) in any other manner, the rate shall be3[one rupee] per kilometre;

(c) by sea or river, in a stream launch, or in any vessel, other than a steamer, the rate shall be3[one rupee] per kilometer.

(2)

(a) The allowance to be drawn under sub-rule (1) shall be calculated for the shortest route, that is to say, the route by which a member may by the ordinary modes of traveling most speedily reach his destination. Where more routes than one equally short exist, the fare or rate shall be calculated for the cheapest route. Where it is not convenient for a member to travel by the shortest route for the reason that all trains, or, as the case may be. all steamers or steam launches do not halt at a railway station or port nearest to the place where he ordinarily resides or carries on business, he may travel by the route more convenient to him, and in such case the travelling allowance shall be calculated for the route by which he actually travelled.

(b) Where the shortest route is temporarily closed, the extra allowance at the fare or rate aforesaid may be allowed for the next shortest route.

(bb) If due to the timing of the arrival or departure of any steamer, it is both inconvenient and not possible to reach the place of session or meeting or, as the case may be, the place of residence, earlier, a member may undertake journey by the next shortest and cheapest land route and draw the travelling allowance for such journey.

(c) In case of doubt or dispute as regards the shortest route the matter shall be referred to the Chairman, or, as the case may be, the Speaker, and the Chairman or the Speaker shall decide the shortest route and such decision shall be final.

RULE 06: MEMBER NOT ENTITLED TO ALLOWANCES FOR ATTENDING MEETING OF COMMITTEE IN CERTAIN CASES

Notwithstanding anything contained in Rules 3 and 4, a member shall not be entitled to draw -

(a) travelling allowance, or daily allowance under the Act for attending a meeting of a Committee on any day unless he attends such meeting for at least half the period of its duration on that day;

(b) where a meeting of a Committee is called when a House is in session, travelling allowance, if he has already drawn travelling allowance for the journey undertaken by him for attending the session:

Provided that the Chairman, or, as the case may be, the Speaker may sanction the grant of allowances under clause (a), if failure to attend the meeting for the period aforesaid is satisfactorily explained.4

RULE 07: TRAVELLING ALLOWANCE

(1) Where a session of a House is held for a period exceeding fourteen days, then on the expiry of any continuous period of fourteen days, a member, who after attending any seven meetings during such period of fourteen days, leaves the place of session to any place in the State of Maharashtra, shall be entitled to travelling allowance for the journeys undertaken by him to such place and for returning therefrom for attending the session, at the rate admissible under Rule 5, provided that the total amount of such travelling allowance does not exceed the total amount of daily allowance, which would have been admissible to such member under the Act for the days of absence, if he had not undertaken the journey.

(2) Notwithstanding anything contained in sub-rule (1), where such journeys are undertaken at the time before the expiry of the said period of fourteen days, they shall, for the purpose of sub-rule (1), also be deemed to have been undertaken in accordance with the said sub-rule, if the member has attended seven meetings as required in the said sub-rule and the day or days between the commencement of the journeys and the expiry of the said period of fourteen days constitute an unbroken period during which no meeting of the house is held.

RULE 08: ALLOWANCE FOR ATTENDING THE MEETING OF COMMITTEE DURING ADJOURNMENT

5Where a meeting of a Committee is adjourned for more than one day, and if a member undertakes journey from the place where the meeting is held to the place where he ordinarily resides or carried on business and returns to the place where such meeting is held, he shall be entitled to draw at his option either the daily allowance for the period of such journeys or the travelling allowance.

RULE 09: ALLOWANCES ADMISSIBLE WHEN MEMBERS ATTEND SESSION WHICH IS ADJOURNED

Where a Member arrives at the place of session or meeting of a Committee and such session or meeting is adjourned to a future date, if such Member did not have notice sufficiently in advance of the adjournment, he shall be entitled to draw allowance in accordance with Rule 8.

RULE 10: ALLOWANCES FOR ATTENDING MEETINGS OF COMMITTEE HELD BEFORE OR AFTER SESSION

Where a meeting of a Committee is held

(1) not more than five days before the commencement of a session of a House and is adjourned or terminated before the commencement of the session, then -

(a) if the Member stays during the period between adjournment or termination of the meeting and the commencement of the session at the place where the meeting is held, such Member may draw daily allowance for each day of his stay during such period at the rate specified in Section 4;

(b) if during such period he visits the place where he ordinarily resides or carries on business and returns therefrom for attending the session, he may draw travelling allowance for the journeys undertaken by him at the rate admissible under Rule 5, but the total amount of such travelling allowance shall not exceed the amount of daily allowance that he would have drawn if sub-clause (a) of this clause had applied to him;

(2) not later than five days, after the adjournment or prorogation of a session of a House, then ,-

(a) if the member stays during the period between the adjournment or prorogation of the session and the commencement of the meeting at the place where the session is held, such member may draw daily allowance for each day of his stay during such period at the rate specified in Section 4;

(b) if during such period he visits the place where he ordinarily resides or carries on business and returns therefrom for attending the session, he may draw travelling allowance for the journeys undertaken by him at the rate admissible under Rule 5 but the total amount of such traveling allowance shall not exceed the amount of daily allowance that he would have drawn if sub-clause (a) of this clause had applied to him;

RULE 10A: ALLOWANCES FOR ATTENDING THE OFFICE BY THE CHAIRMAN OF COMMITTEES

6 Where break between two successive days, when a member transacts business as a Chairman of a Committee, does not exceed three days when if such a member visits during the said break, the place where he ordinarily resides or carries on business or returnstherefrom for transacting such business, he shall be entitled to an amount equal to T.A. admissible under Section 6 or the T.A. admissible under Section 4 had he stayed at place where the business had been transacted, whichever is less.

RULE 11: MEMBER RESIGNING OR CEASING TO BE MEMBER AFTER ATTENDING SESSION OR MEETING ON ANY DAY ENTITLED TO SALARY AND ALLOWANCES FOR THAT DAY

Where a Member immediately after attending a session of a House or a meeting of a Committee, resigns his seat or ceases to be a Member, he shall notwithstanding anything contained in these rules, be entitled to draw for the day on which he resigns or ceases to be a Member his salary, daily allowances and also traveling allowance for the return journey to the place where he ordinarily resides or carries on business. If he resides at the place where the session or meeting is held for at least six hours on the day next succeeding to the day on which he resigns or ceases to be a Member, he shall be entitled to daily allowance also for such succeeding day.

RULE 12: ALLOWANCE NOT TO BE DRAWN IF IT IS ALREADY DRAWN IN ANOTHER CAPACITY

Notwithstanding anything contained if these rules, a Member shall not draw travelling or daily allowance admissible under these rules, if, for the same journey or the same halt if he has drawn travelling or daily allowance from the Government Treasury6[or from any other Government or semi- Government body] in another capacity.

RULE 13: TRAVELLING ALLOWANCE MAY BE DRAWN IN ADVANCE

A Member may draw in advance travelling allowance for his final return journey under these rules.

RULE 14: DAILY ALLOWANCE NOT TO BE PAID IN ADVANCE

The daily allowance shall not be paid in advance to any Member.

RULE 15: AUDIT OF BILLS

(1) A Member claiming travelling or daily allowance shall prepare a bill in that behalf, and endorse thereon any one or more of the certificates in the following forms applicable to his claim, and present the bill to the Maharashtra Legislature Secretariat :- (See Section 4, Proviso)

(i) Certified that I did not leave the place of session, or meeting during the period of break commencing on_______________and ending on________'____for which daily allowance is claimed under the proviso to Section 4.

(ii) Certified that I do not ordinarily reside or carry on business at Bombay /Nagpur.

(iii) Certified that distances travelled by road, sea or river are correct so far as I have been able to ascertain. (See Rule 3)

(iv) Certified that I attended/could not attend on account of illness _____________the meeting/meetings of the Assembly/Council or due to my final departure on the day/days for which daily allowance is claimed.

(v) Certified that I resided for not less than six hours at Bombay/Nagpur on each of the days as stated on the reverse for which daily allowance has been claimed for the purpose of attending the session of the Council/Assembly meeting of the Committee.

7

(v a) Certified that the journeys undertaken for the purpose of attending (i) the session of the Assembly/Council, (ii) the meetings of the Committee, (iii) for the purpose of transacting business connected with my duties as Chairman of the Committee, (iv) other business connected with my duties as member, to the place where such session/meeting is held or to the place where such business is to be transacted, were actually performed in the manner indicated in the Bill.]

[See Rule 5 (1) (b) (i) and Section 5]

(vi) Certified that, in respect of journeys which were performed by road in a hired conveyance, the allowance claimed for the road journeys does not exceed the actual cost incurred by me for hiring the conveyance. [See third proviso to Section 5(1)]

(vii) Certified that the journeys by road were not performed by the State Transport Service using the free pass facility.

(See Rule 6)

(viii) Certified that, I attended the meeting or meetings of the Committee in respect of which traveling allowance, and daily allowance, are claimed for at least half the period of its duration on each of these days. that day

[See Rules 7. 8, 9 and 10]

(ix) Certified that I have actually undertaken the journeys for which 1 have claimed travelling allowance under Rule 7/8/9/10.

[See Rules 8. 9 and 10]

(x) Certified that I resided for not less than six hours at Bombay/Nagpur during the period commencing

on_______________and ending on________________for which daily allowance is claimed by me under Rule 8/9/10 read with Rule 3.

[See Rule 12]

(xi) Certified that I have not already drawn travelling allowance for the same journey or daily allowance for the same halt, in another capacity.

[See Rule 13]

8[(xii) Certified that the details of the return journey from the place where the session of the Assembly/Council was held or the meeting was held or the business was transacted, for which T.A. has been drawn by me in advance will be furnished on completion of the journey. I also undertake to refund the amount if any, by which the T.A. admissible with reference to the return journey actually performed happens to be less than the amount of T.A., advance drawn by me in this Bill.]

(2) The bill shall be countersigned by the Secretary of the Legislature or any officers authorized by him in that behalf and paid either by a cheque against his assignment Account or at the Treasury from which the member draws his salary: Provided that where a Member claims allowances under Rule 9, the Secretary or such officer shall, before countersigning the bill, also endorse thereon the following certificate, namely :- Certified that''___________________________did not have notice sufficiently in advance of the adjournment of the session/meeting of _______________/of lo_______________on 11_____________________

(3) The paid vouchers shall then be sent to the Accountant General.

RULE 16: RESIDENTIAL ACCOMMODATION

12Deleted.

RULE 16A: RESIDENTIAL ACCOMMODATION IN DAK BUNGALOWS ETC

When a Member visits any place in the State of Maharashtra for the purposes of attending to any business connected with his duties as a member, he shall, on certifying to that effect, be . provided with residential accommodation in a Government Dak- Bungalow. Inspection- Bungalow, Circuit House or Rest House during the period of his stay at such place on such business on the same terms and conditions on which Government Officers of class 1 are provided with accommodation therein when on duty.

RULE 17: TELEPHONE FACILITIES

When during a session of a House, or a sitting of a Committee, as the case may be13[a Member who resides in a Legislator's Hostel shall be entitled] to make local calls free of charge from the telephones installed in the said Hostel and also the telephones installed for Members' use near the Assembly or Council Chambers.

RULE 18: RECOVERY OF GOVERNMENT AND OTHER DUES FROM MEMBERS' BILLS

(1) Whenever any Government dues, such as house rent. telephone dues. etc. are reported to be outstanding against a Member and appropriate claims or bills in support thereof are received from the authority concerned and where such Member, inspite of repeated requests, had failed to make payment of such dues, an amount equivalent to such dues shall be deducted from the next salary or traveling or daily allowances bills to be prepared for and on behalf of the Member and the balance shall be paid to him.

(2) Ordinarily any non- Government dues outstanding against a Member shall not be recovered from his salaries or allowances but where such dues are on account of certain services rendered to him in the course of his parliamentary duties, such as, when he is on tour with a committee, and the arrangements for such services rendered to him in the course of his parliamentary duties, such as. when he is on tour with a Committee, and the arrangements for such services have been made by or at the instance of semi- Government institutions or private parties at the request of the officers of the Maharashtra Legislature Secretariat, and where such Member, inspite of repeated requests, had failed to make payment of suchdues recovery thereof may be effected from the salary or traveling or daily allowances hills of such Member.

RULE 19: PAYMENT OF DUES TO DECEASED MEMBER

(1) Salary and allowances of a deceased Member shall be drawn for the day on which he died irrespective of the time of his death.

(2) Where any sum standing to the credit of any deceased Member as salary or allowances or the balance thereof (after deducting any lawful dues) has become payable, the Officer whose duty it is to make the payment may, without requiring the production of the usual legal authority, pay the sum or balance, as the case may be, to any person claiming it on behalf of the deceased Member ,-

(i) where the sum or, as the case may be, the balance does not exceed14 [Rs. 1.650] under the orders of the Collector of the District in which the deceased Member ordinarily resided or carried on business immediately before his death, after making such inquiry into the right and title of the claimant as may be deemed sufficient;

(ii) where the sum or, as the case may be, the balance payable does not exceed14[Rs. 1,650] under the orders of the Chairman or the Speaker (such order being passed after the Chairman or, as the case may be, the Speaker is satisfied as respects the right and title of the claimant and is of the opinion that undue hardship will be caused to the claimant by insisting on the production of the usual legal authorities ) on the claimant executing an indemnity bond with such sureties as the Chairman or the Speaker may require.

(3) Notwithstanding anything contained in sub-rule (2), where there is any doubt as respects the right and title of the claimant, no payment shall be made unless the claimant produces probate or letters of administration evidencing the grant to him of administration to the estate of the deceased Member or a certificate granted under the Indian Succession Act, 1925, or under the Bombay Regulation VIII of 1827, entitling the holder thereof to receive payment of the sum or balance.

APPENDIX 01: APPENDIX

Travelling Allowance

Grant of - to Members of the Maharashtra State Legislature/Parliament serving on orappearing as witnesses beforeany committees or Bodies appointed by Government.

:- Under Government Resolution, FinanceDepartment No. TRA-1463-1042-XVIII, dated 25th July, 1967, Members of the Maharashtra State Legislature/Members of the Parliament havebeen permitted to draw traveling allowance at the rates admissible to themas Members of Legislature/Parliament, as the case may be, for journeysundertaken by them as non -official members of Committee appointed by Government, irrespective of the fact whether the Committee is a State,Divisional District or a Taluka Level Committee. In pursuance of thedecision, sub -rule (2) of Rule 1, in Section I of Appendix XLII -A toBombay Civil Services Rules, Volume II was amended accordingly. As this decision refers to the 'Rates' at which the traveling allowance/daily allowance is to be drawn by the Members of the Maharashtra State Legislature/Members of Parliament, a doubt has been raised as to whethersuch members are to be governed by the Bombay Civil Services Rules inall the matters concerning the traveling allowance and daily allowance.Government is pleased to direct that in all such matters, including thejourneys to appear as witness before Commission of Enquiry orCommittee etc., the Member should be governed by the provisions relating to the Allowances of Members of the Legislature/Parliament and not by the rules in the Bombay Civil Services Rules. Accordingly, thefollowing further amendments should be made in the Bombay Civil Rules Volume II : -

1. In appendix XLII to the Bombay Civil Services Rules, 1959. Volume II (hereinafter referred to as "the principal rules)" under the heading "Section. 1-General' -

(1) In the paragraph with the title 'Instruction', the following shall be added at the end, namely:-

"In the case of Members of the Maharashtra State Legislature andof the Parliament, the Payment of Travelling Allowance (including daily allowance, incidental charges on rail and steamer journeys and road mileage) for journeys undertaken by them for performing any of theirduties, as. members of or as witnesses before any Committee or Body appointed by the State Government shall be made in accordance with Law relating to allowances of Members of the Maharashtra State Legislatureor, as the case may be, of the Parliament, as if the journeys wereundertaken for the purpose of transacting any business connected with their duties as Members of the State Legislature or, as the case may be,of the Parliament".

(2) In Rule 1, sub -rule (2) shall be deleted.

II. In Appendix XLII-B to the principal rules, Section IV shallbe deleted.

2. These orders take effect from the date of issue and pending cases may be decided in accordance with them. Cases already decided should not be re -opened.