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Maharashtra Legislature Members' Salaries and Allowances Act, 1956
(Bombay Act No. 49 of 1956)
Last Updated 22nd March, 2021 [mh135]
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LEGISLATIVE HISTORY 6 |
(a) "Assembly" means the [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 the [Maharashtra Legislative Council];
(e) "Member" means a Member of the Assembly or the Council, as the case may be;
(f) ["Minister" "Minister of State" and "Deputy Minister" means respectively a Minister, a Minister of State and a Deputy Minister] of the [Government of Maharashtra], and Minister includes the Chief Minister [and the Deputy Chief Minister];
[(ff) "new Member" means a [Member who is elected or nominated to the Assembly or Council after the commencement or 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;
(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 Council [or such other earlier date as the State Government may by order specify in this behalf, if he is not likely to take his seat as aforesaid within fifteen days of the date of occurrence of vacancy or the date of 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 the [Bombay Legislature Members' Salaries and Allowances (Amendment) Act, 1969] and ending with the date on which his seat becomes vacant.]
3. Salaries to be paid to members [and consolidated allowances.] - [(1)] There shall be paid to each Member [during the whole of his term of office] a salary at the rate of [Rs. 8,000] per month. [(2) There shall be paid to each Member during the whole of his term of office per month a sum of [Rs. 3,000] as consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.] 3A. [Salary and allowances of Leaders of Opposition] Deleted by Maharashtra 8 of 1978, section 14 (a). 4. Daily allowance to be paid to Members. - There shall be paid subject to such rules or orders [as may be made under section 8] in this behalf, to each Member a daily allowance [at the rate of [Rs.1,000]] 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 such session or meeting is held [or for each day of the period of residence at any place where any business connected with the Members' duties as Chairman of a Committee is transacted] [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 held [or where such business is transacted], there shall be paid to such Member subject to the rules or order as aforesaid daily allowance [at the rate of [Rs. 400]] for each day on which he attends such session or meeting [or transacts such business]; but a break of not more than three days between two successive meetings [or day on which such business is transacted] shall be deemed to be days of attendance [or of the transaction of such business] for such Member who does not leave the place of session or meeting [or of the transaction of such business] during such break. [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.] 5. 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 to session of the Assembly or Council or a meeting of a Committee to the place where such session or meeting is held [or for the purpose of transacting any business connected with his duties as Chairman of a Committee [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 -[(i) at the rate of one and one-half of a [the air-conditioned two-tier fare] for a journey by railways 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 prescribed [* * *]
[***] [[Provided 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]: [[Provided further that], where a member travels [by railway or steamer] in accordance with the facilities provided under section 5AC, or travels on a free pass under section 5A he shall be entitled only to a travelling allowance on an amount equal to one first class fare for the distance travelled as if such journey had been performed by railway.] [Provided also that, where a Member travels by railway actually by air-conditioned two-tier [or three-tier] he shall be entitled, if such journey is for any of the purposes specified in this section or, as the case may be, in accordance with the facilities provided under section 5AC, to a travelling allowance of an amount equal to one and one half of air-conditioned two-tier [or three-tier] fare or to one such fare, as the case may be.] [(1A) Notwithstanding anything contained in sub-section (1), any member may undertake or perform journey by air from any airport to any cities or towns or from any cities or towns to any airport, within the State, total thirty-two single journeys; and journey from any airport within the State to any airport situated out of the State within the territory of India, total eight single journeys during the entire period of a year.] [Explanation I. - ] For the purposes of this sub-section, the term "any airport within the State" shall include such airport situated out of the State, which is nearest from his place of residence]. [Explanation II. - ]Where the member undertakes or performs journey by air, along with his spouse, every single journey so undertaken or performed shall, for the purposes of this sub-section, be counted as two single journeys]. [(2) Notwithstanding anything contained in section 4, in this section, if a section of the Assembly or the Council is adjourned for more than one day and if a member undertakes a journey from the place where the 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 allowances.] [5AA. Allowances to Chairman or members of Committee when on tour on duty in any part of India. - There 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 [daily and travelling allowances] at the same rates as are provided for in section 4 and 5.] [5AB. [* * *] Chairman of [* *] Committees entitled to travel [by air-conditioned coach or by air.] Notwithstanding anything contained in section 5 and section 5AA [* * * * *] any member may for the purpose of transacting any business connected with his duties as [Chairman of any Committee] undertake or perform the journey referred to in those, sections [either by railway in an air-conditioned coach or by air] and in that case, he shall be entitled to receive travelling allowance of an amount equal to one and one-fourth [of the fare for the air-conditioned class, or as the case may be of the air fare] for each such journey]. [5AC. Free transit by railway and steamer.] - (1) Every member 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 an air-conditioned two-tier] [or three-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 be 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 [or companion] so, however, that the distance so travelled by the member 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 [thirty thousand kilometres]. Explanation.- For the purpose of calculating the maximum limit of [thirty thousand kilometres] for travelling the number of kilometres travelled by the member 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 member 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 [thirty 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 borne by the member.(b) Where a member 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 [thirty 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 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] or 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 [or companion] 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.] [5A. Free transit by road transport service. - Every member shall be provided with one free non-transferable pass [together with a voucher book, for reservation of seats without charges)] which shall entitle him at any time [to travel either singly or jointly with his spouse, [or companion] by such road transport service, including those provided by the Maharashtra Tourism Development Corporation Limited,] (in any part of the State of Maharashtra in which those services operate), in such class of accommodation therein and subject to such conditions as may by rules or orders be prescribed in that behalf.] [5B.Daily allowance and travelling allowance to members on vacating seats. - Notwithstanding 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]
[5C.Telephone facilities to members. - (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 a place of his residence referred to in sub-section (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 [a sum of [Rs. 8000] 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.]] [6. Amenities.] - (1) A member shall be entitled to residential accommodation [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 : [Provided that where any residential accommodation is provided to a member in any Hostel for the members, it shall be without payment of 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 purpose of this sub-section, the expression "a member of his family" means the husband, wife, son, daughter, father, mother, brother or sister.] [(3) A member shall be entitled, free of charge, to the services of a personal assistant. For this purpose, the member 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 order 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.] [(4) There shall be paid to every Member a lump sum amount of [Rs. 46,000] per month as a mileage allowance for the purpose of touring.] [(5) There shall be paid to every member a sum of [Rs. 10,000] stationery and postage.] [(6) With effect from the date of commencement of the Maharashtra Legislature Members’ Salaries and Allowances (Amendment) Act, 2020, every Member shall be entitled, free of charge, to the service of a Driver. For this purpose, the Member may appoint any person, possessing valid driving licence and who has not attained the age of sixty years, as a Driver. The Driver so appointed shall receive such fixed salary per month, as may be specified by order issued by the Government, from time to time.] [6A. Travel facilities to members.] - Without prejudice to the other provisions of this Act, every member who travels with his spouse [or companion] shall once during every session be entitled to one first class railway fare or as the case may be, [Steamer fare] for his spouse [or companion] from his usual place of residence to the place where the session is held and for the return journey from such place: [Provided that, where a member and his spouse travel by railway actually by air-conditioned two-tier, he shall be entitled to one air-conditioned two-tier fare for his spouse.] [6B. Other amenities. - (1) The State Government may, by order, subject to such terms and conditions as may be specified in the said order, allot a piece of land, in the vicinity of Vidhan Bhavan or MLAs' Hostel in Mumbai, to the Maharashtra State Legislature for the purpose of making available to the Members of the State Legislature, amenities like Gymkhana, Club House or Recreation Centre, etc. Explanation.- For the purposes of this section, "the members of the State Legislature "means the sitting and past Members of the State Legislature. (2) On allotment of the land to the Maharashtra State Legislature by the State Government under sub-section (1), a Managing Committee consisting of the office bearers as specified below, shall be deemed to have been constituted from the date of such allotment, for the management, supervision, running and maintenance of such Gymkhana, Club House or Recreation Centre, etc., as the case may be, namely:-|
(a) |
Chairman |
ex-officio Chairperson |
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(b) |
Speaker |
ex-officio Co-Chairperson. |
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(c) |
Chief Minister |
ex-officio Member. |
|
(d) |
Deputy Chairman, Maharashtra Legislative Council. |
ex-officio Member. |
|
(e) |
Deputy Speaker, Maharashtra Legislative Assembly. |
ex-officio Member. |
|
(f) |
Deputy Chief Minister |
ex-officio Member, |
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(g) |
Minister for Parliamentary Affairs |
ex-officio Member. |
|
(h) |
Leaders of opposition in the Assembly and Council. |
ex-officio Members |
|
(i) |
Minister(s) of State, Parliamentary Affairs |
ex-officio Member(s). |
|
(j) |
One member each from the recognised political parties in the State Legislature, nominated by the Chairperson |
ex-officio Members |
(i) initial grant of not less than rupees five crores given by the State Government, after appropriation duly made in this behalf, by law;
(ii) Membership fees, donations, endowments or any other money received by such institution by way of rent or any other source.
(2) The Gymkhana, Club or the Recreation Centre, as the case may be, shall keep the current and savings deposit account with the State Bank of India or any other nationalised bank. (3) Such account shall be operated by such office bearers as may be authorised by the Managing Committee. (4) The Managing Committee shall lay before both Houses of the State Legislature, its Annual Report, not later than three months from the expiry of every financial year.] 7. [Ministers, Ministers of State, Deputy Minister,] Speaker, Chairman, [Leaders of the Opposition] or salaried Parliamentary Secretaries not entitled to salaries and allowances under this Act. Notwithstanding anything contained in this Act, [Ministers, Ministers of State or Deputy Minister], the Speaker or Chairman [or a Leaders of the Opposition] [or a salaried Parliamentary Secretary shall not be entitled to any salary, allowances, or provisions for residential accommodation under this Act, by reason of the fact that [the Ministers, Ministers of State, Deputy Minister], Speaker, Chairman, [Leaders of the Opposition] or salaried Parliamentary Secretary is a member of the Assembly or Council. 8. [Power to make rules and orders.] (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 State Legislature consisting of five members from the Council nominated by the Chairman and ten members from the Assembly nominated [by the Speaker and the Finance Minister shall be its ex-officio member and Chairman],(b) The Joint Committee constituted under clause (a) [* * * *] shall have Power to regulate its procedure,
(c) A member of the Joint Committee, [other than the Finance Minister] shall hold office as such members for one year from the date of his 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 point 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 Oft-foal 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. 9. Repeal. The Bombay Legislature Members' Salaries and Allowances Act, 1937, the Bombay Legislature Members' Daily Allowances Act, 1950 and the Bombay Legislature Members' Travelling Allowance Act, 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 Acts, 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 under they are superseded by any rules orders made under this Act.Notifications
G.N., L. & ID., No. 130-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 Legislature Members' Salaries and Allowances (Third Amendment) Act, 1969 (Maharashtra LII 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. G.N., L. & JD., No. 970/B, dated 9th January, 1970 (M.G., Part IV-B, Pages 393) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Legislature Members' Salaries and Allowances (Fourth Amendment) Act, 1969 (Maharashtra LII of 1970), the Government of Maharashtra hereby appoints the 9th day of January 1970 to be the date on which the said Act shall come into force. G.N., L. & J. D., No. 12613/B, dated 12th May, 1970 (M.G., Part IV-B, Pages 732) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Legislature Members' Salaries and Allowances (Amendment) Act, 1970 (Maharashtra XXIII of 1970), the Government of Maharashtra hereby appoints the 12th day of May 1970 to be the date on which the said Act shall come into force. G.N., L. & ID., No. 9585/B, dated 12th April, 1965 (M.G., Part IV-B, Pages 783) - In exercise of the powers conferred by section 5AC of the Bombay Legislature Members' Salaries and Allowances Act, 1956 (Bombay XLIX of 1956), the Government of Maharashtra hereby appoints the 15th day of April 1965 to be the date for the purposes of the said section 5AC.
