The Karnataka Legislature Salaries, Pensions and Allowances Act, 1956
(Karnataka Act 2 of 1957)
Last Updated 13th December, 2019 [kar291
LEGISLATIVE HISTORY 6 |
Object & Reasons6 |
(a) 'Chairman' means the Chairman of the Legislative Council [x x x];
(b) 'Deputy Chairman' means the Deputy Chairman of the Legislative Council;
(c) 'highest class' in relation to journeys by train includes air-conditioned accommodation available in the train;
(d) 'prescribed' means prescribed by rules made under this Act;
[(dd) 'recognised group' means,-
(i) in relation to the Karnataka Legislative Council, every party which has a strength of not less than 10 members i.e., the quorum strength of members in the Legislative Council; in relation to the Karnataka Legislative Assembly, every party which has a strength of not less than twenty three members i.e., the quorum strength of the Legislative Assembly.]
(e) 'residence' includes staff quarters and buildings appurtenant thereto and the gardens thereof;
(f) 'Speaker' means the Speaker of the Legislative Assembly [x x x];
(g) 'Deputy Speaker' means the Deputy Speaker of the Legislative Assembly.
3. Salaries and sumptuary allowances of Chairman and Speaker. - (1) There shall be paid to the Chairman a salary of [[[fifty thousand rupees]]] per mensem and a sumptuary allowance of [[[three lakhs rupees]]] per annum. (2) There shall be paid to the Speaker a salary of [[fifty thousand rupees]] per mensem and a sumptuary allowance of [[[three lakhs rupees]]] per annum. 4. Residences of [Chairman, Speaker etc.,] . - (1) The [Chairman,. Speaker, Deputy Chairman, Deputy Speaker, Leader of Opposition, [Government Chief Whip and Opposition Chief Whip]] each shall be entitled [x x x] to the use of a furnished residence in the City of Bangalore [within thirty kilometres from the limits of the City of Bangalore] throughout his term of office and for a period of [sixty days] immediately thereafter, or, in lieu of such furnished residence, to a house rent allowance at the rate of [[[eighty thousand rupees]]] per mensem. [The residence provided under this sub-section shall be furnished on such scales and the plinth area thereof shall not exceed such limits, as may be prescribed.] [(2) The Chairman or the Speaker who is entitled to a house rent allowance, shall be entitled for an allowance of twenty thousand rupees per mensem for maintenance and upkeep of the residence and for layout and maintenance of gardens included in such residence.] 5. Conveyances of the Chairman and the Speaker. - (1) The State Government may provide a suitable motor car each for the use of the Chairman and the Speaker. (2) There shall be paid to the Chairman and the Speaker each a conveyance allowance [equal to the cost of [[[one thousand] litres of petrol]]] per mensem. 6. Charges payable by the Chairman and the Speaker and the Government. - (1) The Chairman and the Speaker shall, in respect of their respective residences and the motor cars allotted for their use under sub-section (1) of section 4 and section 5, be liable to pay the following charges, namely:-[(a) cost of petrol required for their respective motor cars in excess of the cost of [[[one thousand] litres of petrol]] paid by the Government; and]
(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 4 and the motor car provided under section 5 including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor cars, rates and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residences, shall be borne by the State Government. 7. Travelling Allowances of the Chairman and the Speaker on assuming or relinquishing office. - The Chairman and the Speaker shall,-(a) for the journey in respect of assuming office, to the City of Bangalore, from his usual place of residence in the State, if it is outside the City, and
(b) for the journey in respect of relinquishing office, from the City of Bangalore to his usual place of residence in the State before he assumed office, if such place is outside the City,
be entitled to travelling allowance for himself and the members of his family and for the transport of his personal effects at the rates hereinafter specified, namely:-
(i) the actual charges incurred by the Chairman or the Speaker for himself and the members of his family, whether the journey is made by train or by road or both;
(ii) the actual charges incurred for the transport of the personal effects whether by road or by rail: provided that if a railway wagon is reserved for such transport, the charges for such wagon.
Explanation. - For the purpose of this section, member of the family means the husband, wife, son, daughter, father, mother, brother or sister, if wholly dependent on and residing with the Chairman or the Speaker, as the case may be. 8. Travelling and other allowances of the Chairman, the Deputy Chairman, the Speaker and the [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] on tours. - (1) The Chairman, the Deputy Chairman, the Speaker and the [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] shall be entitled while touring on duty connected with their offices to travelling and daily or other allowances at the rates and upon the conditions specified in this section. (2) [While touring inside India] the Chairman, the Deputy Chairman, the Speaker and the [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] shall be entitled,-(a) for journeys by train to [two times] the single fare of the highest class available in the train:
Provided that if the [Chairman, the Deputy Chairman, the Speaker or the [Deputy Speaker], the Leaders of Opposition [,the Government Chief Whips and the Opposition Chief Whips]] reserves a compartment for the journey, the charges for such compartment shall be borne by the State Government: Provided further that if any person in addition to the [Chariman, the Deputy Chairman, the Speaker or the [Deputy Speaker], the Leader of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] travels in the reserved compartment, the charges in respect of such person shall be recovered and credited to Government.(b) for journeys by road, to road mileage at [[[[thirty rupees]]] per kilometre;]
(c) for journeys by air, to [one and one fourth] times the single fare paid for such journeys [and to the prescribed insurance premium for insurance against accidents during such journeys;]
(d) to daily allowance at [[[rupees two thousand]] per day for the days of journey and for the days of halt at any place:
Provided that in the case of tours outside the State, the daily allowance shall be at [two thousand five hundred rupees and five thousand rupees per diem for stay in hotel or other registered establishment providing lodging and boarding at scheduled rates subject to production of bills] Provided further that if the Chairman, the Deputy Chairman, the Speaker, or the [Deputy Speaker, the Leaders of the Opposition[,the Government Chief Whips and the Opposition Chief Whips]] is treated as a State Guest, he shall be entitled only to one-fourth of the daily allowance for the period for which he is treated as a State Guest. [(2A) When the [Chairman, the Deputy Chairman, the Speaker or the [Deputy Speaker], the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] while making a journey by road in a motor car provided by the State Government, has to undertake in the public interest further journey by train or by air, he shall be entitled to the petrol charges incurred by him for the return of the motor car to the City of Bangalore from the place at which he ceases to use the motor car: [Provided that, save as otherwise provided in sub-section (2B), when no motor car is taken with him while on tour outside the State in India, the Chairman, the Deputy Chairman, the Speaker and the [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] shall be entitled at his option, in lieu of conveyance allowance and to any road mileage to which he is entitled, to the actual hire charges of the motor car, hired by him in the interest of public service. Certificate to the effect that the hiring of the motor car was necessary in public interest shall be furnished by the Chairman, Deputy Chairman, Speaker and [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]], as the case may be, along with the bill.] (2B) The Chairman, the Deputy Chairman, the Speaker and the [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] shall, in addition to the allowances payable under sub-section (2), be entitled to use without payment of charges, the motor cars maintained by the State Government at the [Karnataka Bhavan] in New Delhi.] (3) (a) The Chairman and the Speaker touring outside India on duty shall be entitled [to the same terms in regard to travelling and other expenses as a Minister of the State Government.][(aa) The Chairman, the Deputy Chairman, the Speaker, the Deputy Speaker, the Leader of the Opposition [,the Government Chief Whips and the Opposition Chief Whips] travelling outside India for medical treatment shall be entitled [to the same terms in regard to travelling and other expenses as a Minister of the State Government.]]
9. Medical Attendance. - Subject to rules made by the State Government, the [Chairman, the Deputy Chairman, the Speaker and the Deputy Speaker] [the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips]] and the members of the family of the [Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker], [the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips] ] as the case may be, who are residing with and are dependent on him, shall be entitled free of charge to accommodation in hospitals maintained by the State Government, and to medical attendance and treatment. [They shall also be entitled, subject to rules made by the State Government, to reimbursement of the expenses incurred by them for medical attendance and treatment obtained at any other place] [whether within or outside India.] Explanation. - For the purpose of this section [and section 12] member of the family means the husband, wife, son, daughter, father, mother, brother or sister. 10. Salaries of Deputy Chairman and Deputy Speaker. - [(1)] There shall be paid to the Deputy Chairman and to the Deputy Speaker each a salary of [[[[forty thousand rupees]]]] per mensem. [(2) There shall be paid to the Deputy Chairman and the Deputy Speaker a conveyance allowance of [equal to the cost of [[[one thousand litres]]] of petrol] per mensem.] [10A. Salary, conveyance and conveyance allowance payable to the Deputy Chairman, Deputy Speaker or the person performing the duties of the Chairman or Speaker. - (1) Notwithstanding anything contained in this Act, while the office of the Chairman is vacant and the duties of the said office are performed by the Deputy Chairman or a member of the Legislative Council appointed under clause (1) of Article 184 of the Constitution, the Deputy Chairman or such member, shall, during the period he so performs such duties, be paid a salary of [[[forty thousand rupees]]] per mensem and provided with a suitable motor car and paid conveyance allowance in accordance with the provisions of sections 5 and 6: Provided that during the period aforesaid, the Deputy Chairman or the member shall not be entitled to the salary and special allowance under section 10 or section 11, as the case may be. (2) Notwithstanding anything contained in this Act, while the office of the Speaker is vacant and the duties of the office are performed by the Deputy Speaker or member of the Legislative Assembly appointed under clause (1) of Article 180 of the Constitution, the Deputy Speaker or such member shall, during the period he so performs such duties, be paid salary of [[[forty thousand rupees]]] per mensem and provided with a suitable motor car and paid conveyance allowance in accordance with the provisions of sections 5 and 6: Provided that during the period aforesaid, the Deputy Speaker or the member shall not be entitled to the salary and special allowance under section 10 or section 11, as the case may be.] [10B. xxx ] 10C. Conveyances of the Deputy Chairman and the Deputy Speaker. - The State Government may provide a suitable motor car each for the use of the Deputy Chairman and the Deputy Speaker. 10D. Charges payable by the Deputy Chairman and the Deputy Speaker and the Government. - (1) The Deputy Chairman and the Deputy Speaker shall, in respect of their respective residences and the motor cars allotted for their use under sub-section (1) of [section 4] and section 10C, be liable to pay the following charges, namely:-[(a) cost of petrol required for their respective motor car in excess of the cost of [[seven hundred and fifty litres]] of petrol paid by the Government; and]
(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of [section 4] and the motor car provided under section 10C including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor cars, rates and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residences shall be borne by the State Government.]1 [10E. Salary to the Leader of the Opposition. - There shall be paid to each Leader of the Opposition a salary of [[[forty thousand rupees]]] per mensem. [10F. xxx ] 10G. Conveyance for the Leader of the Opposition. - (1) The State Government may provide a suitable motor car for the use of each Leader of the Opposition. (2) There shall be paid to each Leader of the Opposition a conveyance allowance [equal to the cost of [[[one thousand litres]]] of petrol] per mensem. [10H. x x x] 10I. Charges payable by the Leader of the Opposition and the Government. - (1) Each Leader of the Opposition shall in respect of the residence and the motor car allotted for his use under sub-section (1) of [section 4] and section 10G, be liable to pay the following charges, namely:-[(a) cost of petrol required for their respective motor car in excess of the cost of Substituted by Act 32 of 2011 w.e.f 04.07.2011[[seven hundred and fifty litres]] of petrol paid by the Government; and]
(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of [section 4] and the motor car provided under section 10G including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor cars, rates and taxes and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government. 10J. Salary to the Government Chief Whip. - There shall be paid to each Government Chief Whip a salary of [[D[[thirty five thousand rupees] ]]] per mensem. [[10K. Salary to the Opposition Chief Whip. - There shall be paid to each Opposition Chief Whip a salary of [[thirty five thousand rupees]] per mensem.]] 10L. Conveyance for the Government Chief Whip. - (1) The State Government may provide a suitable motor car for the use of each Government Chief Whip. (2) There shall be paid to each Government Chief Whip a conveyance allowance [equal to the cost of [[[one thousand litres]]] of petrol] per mensem. [[10M. Conveyance for the Opposition Chief Whip. - (1) The State Government may provide a suitable motor car for the use of each Opposition Chief Whip. (2) There shall be paid to each Opposition Chief Whip a conveyance allowance equal to the cost of [[one thousand litres]3] of petrol per mensem.]] 10N. Charges payable by the Government Chief Whip [,and the Opposition Chief Whip]. - (1) [Each Government Chief Whip and each Opposition Chief Whip] shall in respect of the residence and the motor car allotted for his use under sub-section (1) of [section 4] [and section 10L or section 10M, as the case may be, liable to pay] the following charges, namely:-[(a) cost of petrol required for their respective motor cars in excess of the cost of [[seven hundred and fifty litres]] of petrol paid by the Government; and]
(2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of [section 4] and the motor car provided under section 10L including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor cars, rates and taxes and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government.] [10O. Application of Act to Whips. - If a Minister or a Minister of State or a Deputy Minister is appointed as a Government Chief Whip, he shall not be entitled to any salary or allowances specified in this Act and he shall be governed by the provisions of the Karnataka Ministers Salaries and Allowances Act, 1956. 10P. Government to bear electricity and water charges in certain other cases. - In respect of the residence of the Chairman, the Speaker, the Deputy Chairman, the Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and Opposition Chief Whips] who does not avail the facility of furnished residence, monthly charges in excess of two hundred rupees for consumption of electricity and water together in his residence shall be borne by the State Government. 10Q. Deductions in respect of house rent etc. - There shall be deducted every month from the salary payable to the Chairman, the Speaker, the Deputy Chairman the Deputy Speaker, a Leader of the Opposition [the Government Chief Whips and Opposition Chief Whips],-(a) a sum equal to ten per cent of his salary as house rent if he is, in occupation of a residence provided by the State Government;
(b) a sum equal to two and a half percent of his salary as rent of the furnishings of his residence if the same has been furnished by the State Government.
11. [Salary [x x x]] of members of the Legislative Assembly and the Legislative Council. - [(1)] There shall be paid to every member of the Legislative Assembly or of the Legislative Council [a salary of [[[twenty five thousand rupees]]] per mensem] which shall accrue to him from the day on which he is declared duly elected, or, in the case of a member nominated by the Governor to fill a seat in the Legislative Assembly or the Legislative Council, from the date on which he is so nominated, or, if such declaration or nomination is made before the vacancy occurs, from the date of occurrence of the vacancy: Provided that the salary [x x x]1 shall not be paid until the member has made and subscribed the oath or affirmation referred to in Article 188 of the Constitution of India. [Provided further that,-(i) in the case of a member of a new Legislative Assembly constituted after a general election, the salary [x x x]
shall be paid only from the date of commencement of the duration of that Assembly or if the old Legislative Assembly has been dissolved before the aforesaid date, then from the date of such dissolution; and(ii) in the case of a member of the Legislative Council, the salary [x x x] shall be paid only from the date on which his term of office as a member of the said Council commences.]
[Provided also that where a person who is already a member of the Legislative Assembly or of the Legislative Council, is elected or nominated as a member of the Legislative Council or of the Legislative Assembly, he shall be paid salary [x x x] as a member of the Legislative Council or of the Legislative Assembly, as the case may be, only from the date on which he ceases to be a member of the Legislative Assembly or of the Legislative Council, as the case may be.] [(2) Any member entitled to any salary 2[x x x]2 under sub-section (1) may relinquish the whole or any portion thereof at any time by intimating in writing to the Speaker in the case of a member of the Legislative Assembly and to the Chairman in the case of a member of the Legislative Council: Provided that any relinquishment made by a member in respect of any salary [x x x] may be cancelled by him at any time with prospective effect by writing to the Speaker or Chairman accordingly.] 11A. Pension to the members etc. - [(1) With effect from the date of commencement of [the Karnataka Legislature Salaries, Pensions and Allowances (Amendment) Act, 2009] there shall be paid to every person who has served for a period of five years as,-(i) a member of the Legislative Council; or
(ii) a member of the Legislative Assembly; or
(iii) partly as a member of the Legislative Assembly and partly as a member of the Legislative Council,
a pension at the rate of [[[forty thousand] rupees]] per mensum for the remainder of his life:
[[XXX]] Provided further that service as such member for a part of the year exceeding six months shall be treated as a full year for the purpose of calculating additional pension: Provided also that where a member 10[elected for the first time]10 has been prevented from serving as such for five years on account of dissolution of the Legislative Assembly, he shall be deemed to have served as member for five years: Provided also that a person who was a member of the first Legislative Council and whose term was terminated by lots drawn before he could serve the full term of six years, shall be deemed, irrespective of the period for which he held office, to have served as member for five years: Provided also that where a person is declared as elected by a court in an election petition and was not able to serve as a member during the pendency of the election petition, shall be deemed, irrespective of the period of actual service, to have served as a member for five years: [["Provided also that where the election of a person is set aside by the Court in an election petition due to technical reasons not attributed to such person and for this reason was not able to serve as a member during the period of five years, shall be deemed irrespective of the period of actual service, to have served as a member for five years. Explanation. - For the purpose of this proviso technical reason means inclusion of certain voters in the voter list after the issue of notification of election by the Election Commission of India]] Provided also that where a person is declared as elected in a bye-election or is nominated as a member in the middle of a term and was not able to serve the full term, he shall be deemed, irrespective of the period of actual service, to have served as a member for five years: Provided also that where a member resigns [XXX], he shall be deemed to have served as member for five years. [Provided also that where any person has served for more than five years there shall be paid to him an additional pension at the rate of rupees one thousand per mensem for every subsequent completed year.] Explanation. - For the purpose of this sub-section, a member of the Legislative Assembly or the Legislative Council includes,-(1) a person who prior to the 1st day of November 1956 represented any of the areas which with effect on and from the said date have become part of the new State of Karnataka, as a member of the Legislative Assembly or the Legislative Council of the State of which the said areas were part:
Provided that in the case of a nominated member of the Legislative Assembly or the Legislative Council he shall be eligible for the pension if during his membership of the Legislative Assembly or the Legislative Council, he permanently resided in any area which forms part of the State of Karnataka.(2) a person who was a member of the following (before the first day of January, 1952) namely:-
(a) The Constituent Assembly;
(b) The Mysore Representative Assembly;
(c) The Mysore Legislative Assembly;
(d) The Legislative Assembly or the Legislative Council of any State (including an Indian State) or Province,
Which or any area of which now forms part of the State of Karnataka. Provided that no such pension shall be paid to a person unless,-(i) in the case of a person who served as a member representing a territorial Constituency, he represented; and
(ii) in the case of any other member, he permanently resided during such membership in, any area which now forms part of the State of Karnataka]
(i) is elected to the Office of the President or Vice-President of India or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or
(ii) is appointed or elected to the office of a Minister, a Minister of State, a Deputy Minister, a Chairman, Speaker, a Deputy Chairman, a Deputy Speaker, a Leader of the Opposition [,a Government Chief Whip or a Opposition Chief Whip],
(iii) becomes a Member of the Council of State, or the House of the People or the Legislative Assembly of a State or Union Territory or any Legislative Council of a State; or
(iv) is employed on a salary in any State Government or Central Government or any Corporation owned or controlled by any State Government or the Central 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 (iv) payable to such person is in either case less than the pension payable to him under sub-section (1), such person shall be entitled to receive only the balance as pension under that sub-section. [(3) x x x] (4) In computing the number of years, for the purpose of sub-section (1), the period during which a person has served in any one or more of the following capacities namely, a Minister, a Minister of State, a Deputy Minister, a Parliamentary Secretary, the Chairman, the Speaker, a Leader of the Opposition [,a Government Chief Whip or a Opposition Chief Whip] by virtue of his membership of the Legislative Assembly or the Legislative Council, shall also be taken into account. (5) Every member entitled to pension under [xxx] sub-section (1),-(i) shall be provided with one [non transferable pass for him and his companion which shall entitle them] at any time to travel by road transport services of the Karnataka State Road Transport Corporation [from the ordinary place of residence of such member] in Karnataka [to any place in the State of Karnataka or outside the State] and back [x x x] in such class of accommodation therein as may be prescribed;
[[[[(ii) shall for every financial year be entitled to receive in such manner and subject to such conditions, as may be prescribed, a sum of rupees one lakh per annum payable in two equal installments in the months of April and October for the purpose of travelling either single or with a companion in one or more journeys by air or by railway in India..] ]]]
11B. Family Pension. - [(1) Where a member dies before the expiry of his term or where a person eligible for pension under section 11-A dies, there shall be paid to his family, a family pension at the rate of fifty percent of [[pension admissible]] under section 11A per mensem.] [[(1A) Notwithstanding anything contained in sub-section (1), the family of the deceased person, who was a member of the Legislative Council or the Legislative Assembly whether he was in receipt of pension or not shall be entitled for family pension at the rate specified under sub-section (1)]] [as if the deceased person was a member after 26.12.1978] Explanation. - For the purposes [of sub-sections (1) and (2)] 'family' means, the following relatives of the deceased member, namely:-(a) wife or the husband;
(b) minor sons; and
(c) unmarried minor daughters.
(2) The family pension admissible under sub-section (1) shall be payable in the following order,-(a) wife or husband; and
(b) the eldest among the minor sons or unmarried minor daughters, where the deceased member has no surviving spouse:
Provided that where the recipient of the family pension dies or marries or ceases to be a minor, the pension payable shall thereafter be paid to the person next lower in the order of preference. 11C. Sumptuary allowance. - (1) The Leaders of the Opposition shall be paid a sumptuary allowance of [[[two lakh rupees]]] per annum. (2) The Deputy Chairman, the Deputy Speaker [,the Government Chief Whips and the Opposition Chief Whips] shall be paid a sumptuary allowance of [[[[two lakh rupees]2]] per annum.] 12. Travelling and daily allowances of, and medical [and other] facilities to, members of the Legislative Assembly and the Legislative Council. - Subject to such conditions as may be determined by rules made under this Act,-(i) to all members daily allowance for attending the meetings and for the prescribed number of days of holidays, intervals or absence between meetings at the rate of [[[[two thousand rupees]]] per-diem within the State and [[[two thousand five hundred rupees and five thousand rupees per diem for stay in hotel or other registered establishment providing boarding and lodging at scheduled tariffs subject to production of bills and also one thousand five hundred rupees towards local transport]]] per-diem outside the State in India;]
(ii) to all members [x x x] daily allowance [for two days before the commencement of meetings and for two days after the day of conclusion of the meetings];]
[(c) [[Every member or on ex-member] and the members of his family who are residing with and are dependent on him shall be entitled,-]
(i) free of charge to such accommodation in hospitals and dispensaries maintained by the State Government [or in hospitals or dispensaries notified by the Karnataka Legislature] and to such medical attendance and treatment as may be prescribed;
(ii) subject to rules made by the State Government to reimbursement of expenses incurred by him for medical attendance and treatment obtained at any other place.]
["(iii) every ex-member who is in receipt of the pension under section 11A shall be entitled to fixed medical allowance of [rupees five thousand] per month, subject to the condition that the said amount shall be deducted in the medical reimbursement claim if any during the said month.]
[[(iv) Every person who is drawing family pension under section 11B shall be entitled to rupees two thousand five hundred per month as fixed medical allowance.]]
(cc) [Every member of the Legislative Assembly and of the Legislative Council shall be entitled to receive in the prescribed manner, a sum of [[[[rupees forty thousand] per month]] as constituency Traveling Allowance] ]
[(ccc) Every member including a Minister, a Minister of State, a Deputy Minister, a Chairman, a Speaker, a Deputy Chairman, a Deputy Speaker, a Leader of the Opposition and [a Government Chief Whip and a Opposition Chief Whip] shall, for every financial year, be entitled to receive in such manner and subject to such conditions, as may be prescribed, a sum of rupees [[two lakh rupees]] in two equal instalments payable in the months of April and October for the purpose of travelling either single or with a companion in one or more journeys by air or by any class or by any railway in India. A member shall not be entitled to any travelling or daily allowance for such journeys.]
[(d) members entitled to travelling allowance under clause (a) may, during the days of halt in the City of Bangalore, other than during the period when their attendance is required in connection with the meetings, be provided with fully furnished accommodation on payment of [rent as specified by the Board from time to time]]
[(dd) members may during the days of halt in New Delhi be provided with accommodation in the [Karnataka Bhavan] on payment of such rates of rent as the State Government may, from time to time, by order, specify;]
(i) with the approval of the Chairman, where the committee is a committee of the Members of the Legislative Council only;
(ii) with the approval of the Speaker, where the committee is a committee of the Members of the Legislative Assembly only; and
(iii) with the approval of the Chairman and the Speaker, where the committee is a committee of members of both Houses, of the Legislature, travelling allowance for journeys by train and for journeys by road whether within the State or outside the State in India, at the rates specified in clause (a) [and for journeys by air within the state and outside the state in India actual air fare shall be paid] and for journeys by air outside the State in India at the rate of one and one-fifth times the single air fare paid for such journeys and such insurance premium as may be prescribed for insurance against accidents during such journeys by air and daily allowance of rupees fifteen per diem for the days of halt at any place within the State and at rupees twenty-five per diem for the days of halt at any place outside the State:
Provided that where one-fifth of the single air fare payable under this clause exceeds rupees thirty, the amount so payable shall be limited to rupees thirty.](i) travelling allowance for journeys by train and journeys by road at the rates specified in clause (a) and for journeys by air at the rate of one and one-fifth times the, single air fare paid for such journeys:
Provided that where one-fifth of the single air fare payable exceeds rupees thirty, the amount so payable shall be limited to rupees thirty;(ii) such insurance premium as may be prescribed for insurance against accidents during journeys by air;
(iii) daily allowance at rupees twenty-five per diem; and
(iv) such charges as may be prescribed towards transportation at the place of his stay for attending the conference of the Chairmen of such Committees.]
(g)[a member including a Minister, a Minister of State, a Deputy Minister, the Chairman, the Speaker, the Deputy Chairman, the Deputy Speaker, a Leader of the Opposition and [a Government Chief Whip and a Opposition Chief Whip] shall be entitled] to have a telephone installed [at Government cost at the place of his choice.] The expenditure in respect of initial deposit, installation and rental charges shall be borne by the State Government. Where a member has a telephone installed at his own cost [at such place,] the rental charges in respect thereof shall be borne by the State Government;
[(h) every member shall be paid an allowance of,-
[(i) [ [twenty thousand rupees]] per month towards meeting the expenditure incurred by him on telephone and cell phone calls]
(ii) [[forty thousand rupees]] per month as constituency allowances;
(iii) [ [five thousand rupees] ] per month on postal charges;
(iv) [D [ten thousand rupees]] as the salary of the Personal Assistant and the Room Boy of the Member; in the discharge of his duties as a member]
Explanation. - For the purpose of this section, 'meeting' means a meeting of the Legislative Assembly or the Legislative Council or of any committee of the said Assembly or Council or of both. [12A. x x x] 13. Minister, [a Minister of State,] Deputy Minister, Chairman, Deputy Chairman, [Speaker, Deputy Speaker, the Leaders of the Opposition [the Government Chief Whips and the Opposition Chief Whips]] not to draw salaries as members. - (1) A Minister, [a Minister of State,] a Deputy Minister, [the Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker], [or the Leaders of the Opposition [,the Government Chief Whips or the Opposition Chief Whips]] shall not, while he draws the salary and allowance for his office, be entitled to any salary or allowance as a member of the Legislative Assembly or of the Legislative Council, as the case may be. [Provided that the Deputy Chairman or the Deputy Speaker who does not avail the facility provided under section 10B shall be entitled to the allowances specified in clauses (a) and (b) of section 12 as a member of the Legislative Assembly or the Legislative Council, as the case may be: Provided further that he shall also be entitled to the allowances admissible under section 8 or under clause (f) of section 12, as the case may be;] [(1A) Notwithstanding anything in sub-section (1), the Leader of the Opposition [, the Government Chief Whips or the Opposition Chief Whips] who does not avail the facility provided in section 10F or section 10K, as the case may be, shall be entitled to the allowances specified in clauses (a), (b), (e), (f) of section 12 as a member of the Legislative Assembly or the Legislative Council or as a Chairman of any committee of the Legislative Assembly or the Legislative Council or of both.] (2) The [Chairman, the Deputy Chairman, the [Speaker, the Deputy Speaker,] the Leaders of the Opposition [,the Government Chief Whips or the Opposition Chief Whips]] shall not during the tenure of his office practise any profession or engage in any trade or undertake for remuneration, any employment other than his duties as [Chairman, the Deputy Chairman, the [Speaker, the Deputy Speaker,] the Leaders of the Opposition or the Government Chief Whips], as the case may be. [(3) x x x] [13A. Grant of advances for the purchase of Motor Cars, Motor cycles. - Subject to such conditions as may be prescribed, every member shall be entitled to the grant of an advance for the purchase of a motor car or a motor cycle. 13B. Recovery of dues. - Any amount due to the Government or the Legislature Secretariat from a person who is or was a member of the Legislature may, without prejudice to any other mode of collection be recovered,-(a) from his salary payable under section 11;
(b) from his pension payable under section 11-A;
(c) as if it were an arrear of land Revenue."
Explanation. - For the purpose of this section, a member of the Legislature includes a Minister, Minister of State, Deputy Minister, Chairman, Speaker, Deputy Speaker, Leader of the Opposition [,the Government Chief Whips or the Opposition Chief Whips.]] [13C. Establishment of Benevolent Fund. - (1) There shall be constituted a fund called the Karnataka Legislators' Benevolent Fund (hereinafter referred to as the Fund). (2) The Fund specified in sub-section (1) shall consist of,-(a) such amount as may be contributed by any member or former member of the Karnataka Legislative Assembly or the Karnataka Legislative Council;
(b) such amount as may be contributed or gifted or donated to the Fund by the Government or any other persons;
(c) the interest earned on the amount in the said Fund.
(3) The Fund shall be operated or administered or maintained by an authority called the Karnataka Legislators' Benevolent Fund Authority in accordance with such rules as may be prescribed. [(4) The Karnataka Legislative Assembly Benevolent Fund Authority shall consist of,-
(a) The Speaker, Karnataka Legislative Assembly |
Chairman |
(b) The Minister in-charge of Parliamentary Affairs, Government of Karnataka |
Member |
(c) Leader of opposition in the Legislative Assembly |
Member |
(d) The Secretary, Karnataka Legislative Assembly shall be the Secretary of the Authority.
(4A) The Karnataka Legislative Council Benevolent Fund Authority shall consist of,-
(a) The Chairman, Karnataka Legislative Council |
Chairman |
(b) The Minister in-charge of Parliamentary Affairs, Government of Karnataka. |
Member |
(c) Leader of opposition in the Legislative Council |
Member |
(d) The Secretary, Karnataka Legislative Council Shall be the Secretary of the Authority]
. (5) The amount at credit in the said Fund shall subject to such rules as may be prescribed, be applied or invested or expended for the benefit or for the welfare of,-(i) persons who are entitled to pension under section 11A;
(ii) the family of persons who die while serving as members of the Legislative Assembly or the Legislative Council;
(iii) the family of persons referred in clause (i) after their demise;
Note. - For the purpose of this section, family shall have the same meaning assigned to it in the explanation to sub-section (1) of section 11B.] [13D. Facilities to the recognised groups. - (1) The recognised group shall be entitled to telephone and such secretarial facilities as may be prescribed in this behalf: Provided that such facilities shall not be provided to such Leader or Deputy Leader as the case may be, who,-(i) is provided with similar telephone and secretarial facilities by virtue of holding any office of, or representation in a Legislature Committee or other Committee, Council, Board, Commission or other body established by the Government; or
(ii) is provided with similar telephone and secretarial facilities in any other capacity by the Government or a local authority or a Corporation owned or controlled by the Government or any local authority.
(2) The facilities admissible under sub-section (1) shall be co-terminus with the term of the Leader or Deputy Leader as the case may be of the recognised group.] 14. Saving. - Nothing in this Act shall prevent a retired Government servant from drawing his pension in addition to any salary or allowances to which he may be entitled under this Act. 15. Power to make rules. - (1) The State Government may, by notification in the [Karnataka Gazette], make rules for carrying out the purposes of this Act. [(1A) Any rule under this Act may be made to have effect retrospectively, and if any such rule is made, a statement specifying the reasons for making such a rule shall be laid before both Houses of the State Legislature along with the rule under sub-section (2).] [(2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] [(3) Notwithstanding anything contained in this Act, any other law, rule or order, all rules, notifications and orders which may or are required to be made or issued under this Act, relating to the members of the Legislative Assembly and the Legislative Council, the Chairman, the Deputy Chairman, the Speaker, the Deputy Speaker, the Leaders of the Opposition [the Government Chief Whips and the Opposition Chief Whips], in respect of their salary, allowances, pensions, medical bills, accommodation, personal staff, journeys and facilities of all types to which they are entitled, shall be made or issued by the Secretary, Karnataka Legislature with the approval of the Special Board, consisting of the Chairman, the Speaker, the Chief Minister and the Minister in charge of Parliamentary Affairs after consultation with the Finance Department and with such person, body, authority or a department of the State Government as may be prescribed.] 16. Repeal of Mysore Ordinance No. 3 of 1956 and savings. - The Mysore Legislature Salaries Ordinance, 1956, is hereby repealed; but any rules made, anything done and any action taken under the said Ordinance shall be deemed to have been made, done, or taken under this Act, as if this Act had come into force on the first day of November 1956 and all rules made under the said Ordinance shall be laid, as soon as may be, after the passing of this Act, before each House of the State Legislature while it is in session for a total period of one month which may be comprised in one session or in two or more sessions and if, before the expiry of the said period, either House of the State Legislature makes any modification in the rules or directs that any rule shall not have effect and, if the modification or direction is agreed to by the other House, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be.