Judgment Search Results Home > Cases Phrase: salary allowances and pension of members of parliament act 1954 Page 1 of about 476 results (0.178 seconds)

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... council of state (rajya sabha) and to section 156 and 157 wherein the said expression has been used in relation to a member of the legislative council of the state (vidhan parishad), the learned attorney general has also invited our attention to the provisons of the salary, allowances and pension of members of parliament act, 1954 wherein the expression 'term of office', as defined in section 2(e) covering members of the council of states as well as the house of the people, has been used in section 3 (salaries and daily allowances) section 4 (travelling allowances) section 6(2) (free transit ..... by railway) section 6-a (2) (free transit by steamer) and section 8a(1) (pension .....

Suraj Prasad Vs. State of Bihar and ors.

Court : Patna

..... it is true that in view of amendment of section 8a of the salary, allowances and pension of members of parliament act 1954, where any person entitled for 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, but it is of no help to the petitioner. ..... on 9-6-93, section 8a of salary, allowances and pension of member of parliament act, 1954 was amended by act no, 48 of 1993 as under:-- '(b) for sub-section (3), the following subsection shall be substituted, namely :-- (3) where any person entitled for 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. ..... 850/- per month under section 8a of the salary, allowances and pension of member of parliament act 1954. on 22-12-90. ..... allowances and pension of members of parliament act, 1954, the petitioner was entitled to gel pension of member of parliament as well as member of legislative council, bihar. 5. .....

S.P. Anand Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR2000MP137

..... he has also challenged legislative competence of the parliament to enact section 8a of the salary, allowances and pension of members of parliament act, 1954, being ultra vires articles 14, 21 and 106 of the constitution and has prayed for its quashment.2. ..... therefore, parliament was competent only to enact a legislation, related to salary and allowances of the members of parliament and 'not the pension' because wherever constitution makers had intended to provide for such grant and payment of pension. ..... it is true that article 106 only provides for payment of salaries and allowances to the members of the parliament to be determined by the parliament and that word 'pension' was not contained therein. ..... petitioner's short case is that constitution did not provide for grant and payment of pension to mps as was evident from the provisions of article 106 of the constitution which contemplated only payment of salaries and allowances to such members, to be determined by parliament. ..... shri vyas, aag, repelled this and submitted that article 106 provided for payment of salaries and allowances to the existing members of the parliament and not to the ex-members. ..... it appears to us on a simple logic that this article only provided for payment of salary and allowances to the existing members of the parliament and naturally could not have contemplated any payment to the ex-members. .....

Bhanukumar JaIn Vs. Kamal Gupta and ors.

Court : Madhya Pradesh

Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182

..... in that context the majority view of the supreme court is as under :--'having regard to the provisions of the constitution and the representation of the people act, 1951 as well as the salary, allowances and pension of members of parliament act, 1954 it can be said that membership of parliament is an 'office' inasmuch as it is a position carrying certain responsibilities which are of a public character and it has an existence independent of the holder of the office. ..... having regard to the powers privileges and immunities of the mlas and also looking to the various acts regarding payments of salary, allowances and pension to the members of the legislative assembly and the various facilities and benefits extended to them for holding office and for discharging public duties, it can be held that the mla holds an office of profit, but it can not be held that his office is under the government. ..... he submitted various provisions of the act of 1956 as well as of the constitution and submitted that looking to the powers, privileges and immunities enjoyed by the members of legislative assembly, in view of article 195 of the constitution of india by which salaries and allowances of members of legislative assembly are payable and looking to the various legislations passed by the state legislative assembly for vetan, bhatta, pension, travelling allowances, free transit by railways, free bus passes, telephones etc. .....

Raghu Thakur Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1997MP223

..... salary, allowances and pension of member of parliament act, 1954, as amended from time to time reads as under :'8a(1) (with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not) (i) as member of the council of states; or (ii) as a member of the house of the people; or (iii) partly as a member of the council of states and partly as a member of the house of the people; or (iv) as a member of the provisional parliament; or (v) partly as a member of the provisional parliament and - (a) partly as a member of the ..... of this sub-section, he shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem : provided also that every person, who served for any period as a member of the provisional parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993 be entitled to a pension of one thousand and four hundred rupees per mensem. .....

Ashwini Kumar Upadhyay Vs. Union of India

Court : Supreme Court of India

..... is also urged that being an elected people s representative, by the very nature of his/her duty as a law maker and legislator, it is a full- time engagement, coupled with the fact that the emoluments paid to them is under the salary, allowances and pension of members of parliament act, 1954 (for short, the 1954 act ). ..... is urged that there can be no relationship of an employee and employer between the mp/mla/mlc and the government as such, merely because they receive salary, allowances and pension in terms of the provisions of the 1954 act as applicable to the members of parliament or similar enactment applicable to the members of legislative assembly/council. ..... mere fact that they draw salary under the 1954 act or different allowances under the relevant rules framed under the said act does not result in creation of a relationship of employer and employee between 22 the government and the legislators, despite the description of payment received by them in the name of salary. ..... the fact that the legislators draw salary and allowances from the consolidated fund in terms of article 106 of the constitution and the law made by the parliament in that regard, it does not follow that a relationship of a full-time salaried employee(s) of the government or otherwise is ..... receive 28 payment in the form of salary, and allowances or pension from the consolidated fund is not enough to debar them from practising as advocates, sans being a full-time salaried employee of the specified entities. .....

Daya Nand Sahay Vs. Shibu Soren and ors.

Court : Patna

..... section 2(a) of the parliament (prevention of disqualification) act, 1959 reads as follows : 'compensatory allowance means any sum of money payable to the holder of an office byway of daily allowance, such allowance not exceeding the amount of daily allowance to which a member of parliament is entitled under the salary, allowances and pension of members of parliament act, 1954 (30 of 1954), any conveyance allowance, house rent allowance or travelling allowance for the purpose of enabling him to recoup any expenditure incurred by him in performing the ..... provisions of section 26 of the act and submitted that it would never be the intention of the legislature to create the office of chairman or vice-chairman or member to be office of profit and the honorarium contemplated under section 26 of the act cannot be deemed as salary payable to them creating disqualification for the membership of parliament or assembly or to the members of the jaac. ..... clause (i) of section 3 of the parliament (prevention of disqualification) act, 1959 reads as follows :-- '(i) the office of chairman, director or member of any statutory or non-statutory body other than any such body as is referred to in clause (h), if the holder of such office is not entitled to any remuneration other than compensatory allowance, but excluding (i) the office of chairman or any statutory or non-statutory body specified in part i of the schedule; and (ii) the office of chairman or secretary or any statutory or non-statutory .....

P.V. Narsimha Rao Vs. Central Bureau of Investigation

Court : Delhi

Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567

..... ' (75) the court noticed that in the salary, allowances and pension of members of parliament act, 1954 a member of parliament has been adverted to as a person having an 'office' and, on its basis, observed that the words 'seat' and 'office' are interchangeable. ..... (35) the argument advanced by mr.r.k.anand and others seems to suggest that besides non- accountability, clause (2) of article 105 benefits the members from 'inviolability' (though this term was not put to use by any counsel) or protection from legal process which ensures that members of parliament are protected against legal actions brought against them for acts committed outside the orbit of their office. ..... this, then, is the meaning which, in the context, i attach to the word 'office' as used in clause (viii) of section 2(c) of the act of 1988, and if i am correct, then, surely, members of parliament would be taken as public servants within the meaning of section 2(c) of the act of 1988. ..... (1994) 3 all er 407 wherein it was held that if a suggestion in cross-examination or submission that a member or witness was lying to the house were to be allowed, that could lead to a conflict between the courts and parliament which the principle of non-intervention by the courts was designed to avoid and that consequently the judge would be right to strike out those particulars of the defense which infringed parliamentary privilege. .....

L.K. Advani Vs. Central Bureau of Investigation

Court : Delhi

Reported in : 1997IIIAD(Delhi)53; 1997CriLJ2559; 1997(4)Crimes1; 66(1997)DLT618; 1997(41)DRJ274; (1997)116PLR1; 1997RLR292

..... however, a member of parliament has been adverted to as a person having an 'office' in the salary, allowances and pension of members of parliament act, 1954 ( act no. ..... to make the result depend on an inquiry into the range of the 'exclusive' powers and duties of a member of parliament is likely to hang it solely on the actual written provisions of the prevailing construction, and to do this may require a virtual ignoring of the plain facts of a particular case. ..... where the facts show clearly, as they do here, that a member of parliament has come into or been brought into a matter of government action that affects his constituency, that his intervention is attributable to his membership and that it is the recognised and prevailing practice that the government department concerned should consult the local m.p. ..... - a member shall be entitled to receive a salary at the rate of seven hundred and fifty rupees per mensem during the whole of his term of office and subject to any rules made under this act an allowance at the rate of seventy five rupees for each day during any period of residence on duty. ..... there is an enactment whereunder the members of the legislative assembly draw their salary and allowances. ..... (24) it would not be out of place to reproduce here section 3 of the said act which provides as under:-3.salaries and daily allowances. .....

Sadashiv Krishna Sutar Vs. State of Maharashtra

Court : Mumbai

..... the salary, allowances and pension of members of parliament act, 1954, specified that a member of parliament was entitled to receive a salary per mensem "during the whole of his term of office" and an allowance per day "during any period of residence on duty" . ..... under the constitution the union executive is responsible to parliament and members of parliament act as watchdogs on the functioning of the council of ministers. ..... having regard to the fact that the minister had made a representation to parliament when the bill was being moved that it did not cover members of parliament and the state legislature, it could not be argued on behalf of the union government, by reason of the principle of promissory estoppel, that the said act covered members of parliament and the state legislatures. ..... , allowances and other conditions of service of, including disciplinary action against such employees; (f) to place the annual report, annual financial statements, annual plan and budget for the approval of the general body; (g) to consider audit and compliance report and place the same before the general body; (h) to acquire or dispose of immovable property; (i) to review membership in other co-operatives; (j) to approve annual and supplementary budget; (k) to raise funds; (l) to sanction loans to the members; and (m) to make such other measures or to do such other acts as may .....