The Leaders of Opposition in Maharashtra Legislature Salaries and Allowances Act, 1978
Maharashtra Act No. 8 of 1978
MH132
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LEGISLATIVE HISTORY 6 |
(a) travelling allowance for himself and the members of his family, and for the transport of his and his family's effects,
(i) in respect of the journey to Bombay from his usual place of residence outside Bombay for assuming office; and
(ii) in respect of the journey from Bombay to his usual place of residence outside Bombay on relinquishing office; and
(b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his duties as the Leader of the Opposition, and suitable residential accommodation at places visited by him on such tours.
Explanation.- The expression "Bombay" includes any other place appointed by the State Government for the purposes of this section. [7. Free transit by any railway and steamer. - (1) Each Leader of the Opposition shall [* * * *] be provided with facilities, which shall entitle him at any time to travel singly by [first class or, as the case may be, by air-conditioned two-tier] 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 Leader of the Opposition either singly or jointly with his spouse or with his minor children [or companion] jointly with his spouse and minor children, so, however, that the distance so travelled by him outside the State, and by the members of his family [or companion] whether within or outside the State in any financial year does not in the aggregate exceed [fifty thousand kilometres]. Explanation.- For the purpose of calculating the maximum limit of [fifty thousand kilometres] for travelling, the number of kilometres travelled by the Leader of the Opposition outside the State, and the number of kilometres travelled by the members of his family [or companion] from the place of their residence, whether within or outside the State, shall be counted separately. (2) (a) Notwithstanding anything contained in this Act, where a Leader of the Opposition, either singly or jointly with his spouse or with his minor children [or companion] 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 of [fifty thousand kilometres] travelling, to claim travelling allowance as if he or both or all of them, as the case may be, had undertaken the [journey by air-conditioned two-tier by railway]. In such cases, the difference between the fare for the journey by air and the fare for [journey by air-conditioned two-tier by railway] will have to be borne by the Leader of the Opposition.(b) Where a Leader of the Opposition, either singly or jointly with the members of his family [or companion] 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 of [fifty thousand kilometres] of travelling, to claim the fare for journey by steamer or road transport if it is less than the fare for [journey by air-conditioned two-tier 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 air-conditioned two-tier by railway] for the same distance, to claim the fare for [journey by air-conditioned two-tier by railway] for the distance, and he shall have to bear the difference between the two fares.
(3) In this section, where facilities are given to a Leader of the Opposition to travel jointly with the spouse (with or without minor children, [or companion] then in the case of a lady Leader of Opposition, 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 to section 8.] 8. Medical attendance. - Subject to any rules or orders made by the State Government, a Leader of the Opposition and the members of his family who are residing with and dependant on him, shall be entitled, 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. 9. Telephone facilities. - (1) Each Leader of the Opposition shall during the term of his office be entitled to have a telephone installed at Government cost at the place of residence or at any place in his constituency selected by him, being a place other than the place of residence provided under this Act, by the State Government. (2) No charge shall fall on the Leader of the Opposition personally in respect of installation of, initial deposit for, rental charges for maintenance of, and official calls made from the telephone installed under sub-section (1). (3) There shall also be paid to each Leader of the Opposition a sum of [Rs. 12,000] per month, from the month in which telephone facility has been provided under this section. [(4) Where a Leader of the Opposition has a telephone installed at any place referred to in sub-section (1) at his own cost, then-(a) the rental charges in respect of such telephone shall be borne by the (State Government) and there shall be paid to him a sum of [Rs. 12,000]
per month in respect to such telephone;(b) the charges in respect of official calls made from such telephone shall also be borne by the State Government if he resides at such place as a residence and a separate telephone is not provided to him by or under the provisions of this Act, by the State Government.]
10. Secretariat facilities. - There shall be placed at the disposal of each Leader of the Opposition such staff as may be determined by rules or orders made in that behalf. [10A. Facility of a personal assistant. - Each Leader of the Opposition shall be entitled, free of charge, to the services of a personal assistant. For this purpose, each Leader of Opposition may appoint any person, possessing such qualifications as may be prescribed by rules or orders made under section 13, 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 of [Rs 15,000] per month from the State Government]. 11. Leaders of Opposition not to draw salary and allowances etc. as members of State Legislature. - Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of the members of the State Legislature, a Leader of the Opposition shall not be entitled to receive any salary or allowances or other facilities under such law although he is member of the Assembly or the Council, as the case may be. 12. Leaders of Opposition not disqualified. - For the avoidance of doubt, it is hereby declared that a person shall not be disqualified for being chosen as, for being, a member of the State Legislative Assembly or the State Legislative Council merely by reason of the fact that he holds the office of a Leader of the Opposition. 13. Power of State Government of make rules and orders. - (1) Without prejudice to any power to make rules or order contained elsewhere in this Act, the State Government may make rules or orders for carrying out the purposes of this Act. (2) Any rule or order under this Act may be made so as to be retrospective to any date not earlier than the date of commencement of this Act. (3) All rules or orders made under this Act shall have effect as if enacted in the Act. 14. [Amendment of Bombay XLIX of 1956] Amendments have been incorporated in the principal Act.