Maharashtra Legislative Council (Chairman And Deputy Chairman) and Maharashtra Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1956
Bombay Act No. 47 of 1956
MH133
LEGISLATIVE HISTORY 6 |
(a) "Assembly" means the [Maharashtra Legislative Assembly];
(b) "Chairman" and "Deputy Chairman" means respectively the Chairman and Deputy Chairman of the Council;
(c) "Council" means the [Maharashtra Legislative Council];
(d) "maintenance" in relation to a residence includes the payment of rates and taxes to Government or any local authority and the provision of electricity, gas and water;
(e) "residence" includes the staff quarters and buildings appurtenant thereto and the garden thereof;
(f) "rules or orders" means the rules or order respectively made under this Act;
(g) "Speaker" and "Deputy Speaker" means respectively the Speaker and Deputy Speaker of the Assembly.
3. Salaries of Chairman and Speaker. - There shall be paid to the Chairman and the Speaker each [ a salary of [Rs, 10,000] per month.] 4. Residence of Chairman and Speaker. - (1) The Chairman and the Speaker each shall be entitled, without payment of rent, to the use of a furnished residence in Bombay throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence, a house allowance at the rate of [Rs. 10,000 per month and in addition a sum equal to the electricity charges and water charges, if any, paid by him for his place of residence in Bombay (being a place other than the place of residence provided under this Act, by the State Government)]. (2) No charge shall fall on the Chairman or the Speaker personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing residence provided under this section shall be on such scale as the State Government may by rules or orders determine. [(4) Where a house allowance and other sum are payable under sub-section (1) to the Chairman or the Speaker, then, save as otherwise provided by or under this Act, the State Government shall not incur any expenditure, or the Chairman or the Speaker shall not be entitled to any payment, or additions, alterations, maintenance repairs or for doing anything whatsoever in respect of his place of residence.] [4A.Sumptuary allowance to Chairman and Speaker.] - [There shall be placed at the disposal of the Chairman] and the Speaker each a sumptuary allowance of [six lakh rupees] per annum. 5. Conveyances for Chairman and Speaker. - (1) The State Government may, from time to time, for the use of the Chairman and the Speaker purchase and provide motor cars and other suitable conveyances, upon such conditions as regard their maintenance and repairs as may be determined by rules or orders made in this behalf. [The State Government may also provide free of charge the services of a chauffeur for each motor car on conveyance so provided.] (2) There shall also be paid to the Chairman and the Speaker each a conveyance allowance at [such rate per month as may be prescribed by rules made in that behalf.] [6. Travelling and daily allowances. - Subject to any rules made in this behalf by the State Government, the Chairman or the Speaker shall be entitled to-(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 on public business undertaken by him.
Explanation.- The expression "Bombay" includes any other place appointed by the State Government for the purpose of this section.] 7. Medical attendance. - Subject to rules or order made by the State Government, the Chairman and the Speaker and the members of the family of the Chairman or the Speaker, as the case may be, who are residing with and dependent 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 purpose of this section, the expression "a member of the family" means the husband, wife, son, daughter; father, mother, brother or sister. [7A. Telephone facilities to Officers of State Legislature. - (1) Every officer of State Legislature shall during the term of his office be entitled also 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 office of the State Legislature personally in respect of installation of, initial deposit for, rental charges for maintenance of and official call made from, the telephone installed under sub-section (1). (3) There shall also be paid to every officer of the State Legislature a sum of, [Rs. 12,000] per month from the month in which telephone facility has been provided under this section. [(4) Where an officer of the State Legislature 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 such officer a sum of [Rs. 12,000]
per month in respect of such telephone; and(b) the charges in respect of official calls made from such telephone shall also be borne by the State Government if such Officer 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.
Explanation. - In this section [and in section 8] officer of the State Legislature means the Chairman and Deputy Chairman and the Speaker and the Deputy Speaker.] [8. Free transit by railway and steamer.] - (1) Every officer of the State Legislature 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 officer, either singly or jointly with his spouse or with his minor children or jointly with his spouse and minor children [or companion] so, however, that the distance so travelled by the officer outside the State and by 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 officer outside the State and the number of kilometres travelled by the members of his family [or companion] from the place their residence, whether within or outside the State, shall be counted separately. (2) (a) Notwithstanding anything contained in this Act, where an officer, either singly or jointly with his spouse or with his minor children, [or companion] or jointly, with his spouse and minor children [or companion] 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] for 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 journey by air and the fare for [journey by air-conditioned two-tier by railway] will have to be borne by the Officer.(b) Where an officer, 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] for travelling to claim the fare 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 the same distance, to claim the fare for [journey by air-conditioned two-tier by railway], for the same distance, and he shall have to bear the difference between the two fares.
(3) In this section, where facilities are given to an officer of the State Legislature to travel jointly with the spouse (with or without minor children, [or companion]) then in case of a lady officer, 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 the family as defined in the Explanation to section 12A]. 9. [Chairman, Deputy Chairman, Speaker and Deputy Speaker] not entitled to salaries and allowances 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, [the Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker] shall not be entitled to receive any salary or allowances under such law although [he] is a member of the Council or Assembly. 10. Salaries of Deputy Chairman and Deputy Speaker. - There shall be paid to the Deputy Chairman and the Deputy Speaker each [a salary of [Rs. 9200] per month] [10-1A.Sumptuary allowance to Deputy Chairman and Deputy Speaker. - There shall be placed at the disposal of the Deputy Chairman and the Deputy Speaker each, a sumptuary allowance of three lakh rupees per annum.] [10A. Sitting allowance to Chairman, Deputy Chairman, Speaker and Deputy Speaker. - The Chairman, Deputy Chairman, Speaker and Deputy Speaker each shall be entitled to sitting allowance at the rate of [Rs. 500] per day throughout his term of office as such Chairman, Deputy Chairman, Speaker or Deputy Speaker as the case may be.] [11. Residences of Deputy Chairman and the Deputy Speaker.] - (1) The Deputy Chairman and the Deputy Speaker each shall be entitled without payment of rent, to the use of a furnished residence in Bombay throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of [Rs. 10,000 per month and in addition a sum equal to the electricity charge and water charges, if any, paid by him for his place of residence in Bombay] being a place other than place of residence provided under this Act by the State Government. (2) No charge shall fall on the Deputy Chairman or the Deputy Speaker personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing any residence provided under this section shall be on such scale as the State Government may by rules or orders determine. [(4) Where a house allowance and other sums are payable under sub-section (1) to the Deputy Chairman or the Deputy Speaker, then, save as otherwise provided by or under this Act, the State Government shall not incur any expenditure, or the Deputy Chairman or the Deputy Speaker shall not be entitled to any payment, for additions, alterations, maintenance, repairs or for doing anything whatsoever in respect of his place of residence.] 11A. Conveyance for Deputy Chairman and Deputy Speaker. - (1) The State Government may, from time to time for the use of the Deputy Chairman and the Deputy Speaker purchase and provide motor cars and other suitable Conveyance upon such conditions as regards their maintenance and repairs as may be determined by rules or order made in this behalf. The State Government may also provide free of charge the [services of a chauffeur for each motor car or conveyance so provided.] (2) There shall also be paid to the Deputy Chairman and the Deputy Speaker, each a conveyance allowance at [such rate per month as may be prescribed by rules made in that behalf.] [12. [Travelling and daily allowance.] - Subject [* * * *] to any rule made in this behalf by the State Government the Deputy Chairman or the Deputy Speaker shall be entitled to-(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 on public business undertaken by him.
Explanation.- The expression "Bombay" includes any other place appointed by the State Government for the purpose of this section.] [12A. Medical attendance. - Subject to rules or orders made by the State Government, the Deputy Chairman and the Deputy Speaker and the members of the family of the Deputy Chairman or the Deputy Speaker, as the case may be, who are residing with and dependent 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 "member of the family" means the husband, wife, son, daughter, father, mother, brother or sister.] [12B. Facility of a personal assistant. - The Chairman, the Speaker, the Deputy Chairman and the Deputy Speaker 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 qualification 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. 15000] per month from the State Government.] 13. Power of State Government to make rules and orders. - [(1) The State Government may, in consultation with the Chairman and the Speaker, make rules or orders for carrying out the purposes of this Act. (1A) All rules or orders made under this Act shall be laid before both Houses of the State Legislature as soon as may be after they are made.] (2) Any rule or order made 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. 14. Repeal. - The Bombay Legislative Council (Chairman and Deputy Chairman) and the Bombay Legislative Assembly, (Speaker and Deputy Speaker) Salaries and Allowances Act, 1952 (in this section referred to as "the said Act") 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 not 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.Notifications
G.N., L. & J. D., No. 129-B-N, dated 1st December, 1969 (M. G., part IV-B, pages 1766) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Legislative Council (Chairman and Deputy Chairman) and the Bombay Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances (Amendment) Act, 1969 (Maharashtra LI of 1969), the Government of Maharashtra hereby appoints the 1st day of December 1969 to be the date on which the said Act shall come into force.