Telangana Payment of Salaries and Pension and Removal of Disqualifications Act, 1953

Telangana Payment of Salaries and Pension and Removal of Disqualifications Act, 1953

(Act No. 2 of 1954)

Last Updated 1st August, 2020 [tel196]

LEGISLATIVE HISTORY ▼

The Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications Act, 1953 in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.1, General Administration (SR) Department, dated 03.01.2015.

1. Short title, extent and commencement. - (1) This Act may be called the [Telangana] Payment of [Salaries and Pension] and Removal of Disqualifications Act, 1953.

(2) It shall be deemed to have come into force on 4th January, 1954.

[2. Definitions. - In this Act, "Chief Whip in the Assembly" means the Government Chief Whip in the Telangana Legislative Assembly and "Chief Whip in the Council" means the Government Chief Whip in the Telangana Legislative Council and "Whip in the Assembly" means the Government Whip in the Telangana Legislative Assembly and "Whip in the Council" means the Government Whip in the Telangana Legislative Council, "Speaker and Deputy Speaker" means the Speaker and Deputy Speaker respectively of the Telangana Legislative Assembly and "Chairman" and "Deputy Chairman" means the Chairman and Deputy Chairman respectively of the Telangana Legislative Council.]

[3. Salaries and allowances of and residences to Ministers. - [(1)(i) There shall be paid to the Chief Minister every month, a salary of rupees fifty one thousand, a special allowance of rupees eight thousand, a sumptuary allowance of rupees seven thousand, a security car allowance of rupees twenty five thousand and conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees ten thousand in case any other motor car is used:

Provided that if the Chief Minister desires that the propulsion charges incurred in respect of the motor car used by him be borne by the State Government in lieu of the conveyance allowance payable to him, such propulsion charges shall be borne by the State Government.

(ii) There shall be paid to the Deputy Chief Minister, if any, and such member of the Council of Ministers, whether a Cabinet Minister or a State Minister or a Deputy Minister, every month a salary of rupees thirty thousand, a special allowance of rupees eight thousand, a sumptuary allowance of rupees seven thousand, a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees ten thousand in case any other motor car is used.]

(2) The Chief Minister, the Deputy Chief Minister, if any, and other Ministers, [and the Deputy Ministers] shall each be entitled without payment of rent to the use of a furnished residence provided by the State Government throughout his term of office and for a period of fifteen days immediately thereafter:

[Provided that the rent payable on the hired accommodation provided by the State Government shall not exceed [rupees fifty thousand] per mensem:]

[Provided further that] where any such Minister does not use the residence provided by the State Government under this sub-section, but desires to reside in any [building of his choice other than his own building,] he shall be paid a house rent allowance of an amount equal to one and a half times the reasonable rent or the fair rent, calculated in respect of such building in the manner provided under the [Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act No. XV of 1960)] [subject to a maximum of [rupees fifty thousand] [per mensem]:]

[Provided also that where any such Minister or Deputy Minister desires to reside in his own building he shall be paid a house rent allowance which shall not be less than rupees five thousand but which shall not exceed [rupees fifty thousand] per mensem subject to evaluation by the Roads and Buildings Department:]

[Provided also that where such Minister or Deputy Minister resides in any hired accommodation provided by the State Government or in any building of his choice not provided by the State Government or in his own building, he shall be paid a camp office allowance of [rupees ten thousand] per mensem.]

(3) All expenditure for furnishing the residence of the Chief Minister, the Deputy Chief Minister, if any, or any other Minister [or the Deputy Minister] and for the maintenance thereof, whether or not such residence is provided by the State Government under this section, shall be borne by the State Government, subject to such rules as may be made by the State Government in this behalf and no charge shall fall on the Chief Minister, Deputy Chief Minister, if any, or any other Minister [or the Deputy Minister] personally in respect of the furnishing and maintenance of such residence.

(4) The income-tax payable by the Chief Minister, the Deputy Chief Minister, if any, or any other Minister, in so far as it relates to the salary, allowances and perquisites mentioned in this section shall be borne by the State Government.

Explanation. - For the purposes of [this section and sections 3-A and 4],-

(a) "residence" includes the staff quarters and other buildings appurtenant thereto, and the garden thereof; and

(b) "maintenance" in relation to a residence includes the payment of such local rates and taxes as are normally to be borne by the tenant and the provision of electricity and water.]

[3A. Salaries and allowances of Chief Whip and the Whip in the Assembly and the Chief Whip and the Whip in the Council and of Deputy Minister. - (1) [(a) There shall be paid to the Chief Whip and the Whip in the Assembly, and the Chief whip and the Whip in the Council, every month, a salary of rupees thirty thousand, a special allowance of rupees eight thousand, a sumptuary allowance of rupees seven thousand, a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees ten thousand in case any other motor car is used.]

(b) The Chief Whip in the Assembly [and the Whip in the Assembly] [and the Chief Whip and the Whip in the Council] [xxx] shall each be entitled, without payment of rent, to the use of a furnished residence provided by the State Government, throughout the term of their respective offices and for a period of fifteen days immediately thereafter:

Provided that the rent payable on the hired accommodation provided by the State Government shall not exceed [rupees fifty thousand] per mensem:

[Provided further that] where the Chief Whip in the Assembly [or the Whip in the Assembly] [and the Chief whip and Whip in the Council] [xxx] does not use the residence provided by the State Government under this clause, but desires to reside in any [building of his choice, other than his own building], he shall be paid a house rent allowance of an amount equal to one and a half times the reasonable rent or the fair rent, calculated in respect of such building in the manner provided under the [Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960], [subject to a maximum of [rupees fifty thousand] [per mensem]]:

[Provided also that where the Chief Whip or any Whip in the Assembly, [and the Chief Whip or any Whip in the Council] desires to reside in his own building he shall be paid a house rent allowance which shall not be less than rupees five thousand but which shall not exceed [rupees fifty thousand] per mensem subject to evaluation by the Roads and Buildings Department:]

[Provided also that where such Chief Whip or any Whip in the Assembly [and the Chief Whip or any Whip in the Council] resides in any hired accommodation provided by the State Government or in any building of his choice not provided by the State Government or in his own building, he shall be paid a camp office allowance of [rupees ten thousand] per mensem.]

(c) All expenditure for furnishing the residence of the Chief Whip in the Assembly [or the Whip in the Assembly] [and the Chief Whip or any Whip in the Council] for maintenance thereof, whether or not such residence is provided by the State Government under clause (b), shall be borne by the State Government subject to such rules as may be made by the State Government in this behalf and no charge shall fall on the Chief Whip in the Assembly [or the Whip in the Assembly] [and the Chief Whip or any Whip in the Council] personally in respect of the furnishing and the maintenance of such residence.

(2) [xxx]

(3) (a) The income-tax payable by the Chief Whip in the Assembly [and the Whip in the Assembly] [and the Chief Whip or Whip in the Council] in so far as it relates to the salary, allowances and perquisities mentioned in this section shall be borne by the State Government.

(b) The income-tax payable by the Deputy Ministers, if any, in so far as it relates to the salary and allowances mentioned in this section shall be borne by the State Government.]

[4. Salaries and allowances of the Speaker and Deputy Speaker [and the Chairman and the Deputy Chairman] and residences to them. - [(1) There shall be paid to the Speaker and the Chairman every month, a salary of rupees forty one thousand, a special allowance of rupees eight thousand, a sumptuary allowance of rupees seven thousand, a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees ten thousand in case any other motor car is used.

(1A) There shall be paid to the Deputy Speaker, and the Deputy Chairman every month, a salary of rupees thirty thousand, a special allowance of rupees eight thousand, a sumptuary allowance of rupees seven thousand, a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees ten thousand in case any other motor car is used.]

(2) The Speaker and the Deputy Speaker, [or the Chairman or the Deputy Chairman] shall be entitled without payment of rent to the use of furnished residence provided by the State Government, throughout the term of their office and for a period of fifteen days immediately thereafter:

Provided that the rent payable on the hired accommodation provided by the State Government shall not exceed [rupees fifty thousand] per mensem:

Provided further that where the Speaker or the Deputy Speaker [or the Chairman or the Deputy Chairman] does not use the residence provided by the State Government under this sub-section, but desires to reside in any [building of his choice other than his own building,] he shall be paid a house rent allowance of an amount equal to one and a half times the reasonable rent or the fair rent, calculated in respect of such building in the manner provided under the [Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (Act XV of 1960)] subject to a maximum of [rupees fifty thousand] per mensem:

[Provided also that where the Speaker or the Deputy Speaker [or the Chairman or the Deputy Chairman] desires to reside in his own building he shall be paid a house rent allowance which shall not be less than rupees five thousand but which shall not exceed [rupees fifty thousand] per mensem subject to evaluation by the Roads and Buildings Department:]

[Provided also that where such Speaker or Deputy Speaker [and the Chairman and the Deputy Chairman] resides in any hired accommodation provided by the State Government or in any building of his choice not provided by the State Government or in his own building, he shall be paid a camp office allowance of [rupees fifty thousand] per mensem.]

(3) All expenditure for furnishing the residence of the Speaker and the Deputy Speaker [and the Chairman and the Deputy Chairman] and for the maintenance thereof, whether or not such residence is provided by the State Government under this section, shall be borne by the State Government subject to such rules as may be made by the State Government in this behalf and no charge shall fall on the Speaker and the Deputy Speaker [and the Chairman and the Deputy Chairman] personally in respect of the furnishing and maintenance of such residence.

(4) The income tax payable by the Speaker or the Deputy Speaker [and the Chairman and the Deputy Chairman] in so far as it relates to the salary, allowances and perquisites mentioned in this section shall be borne by the State Government.]

[4A. Validation of enhancement of House Rent allowance to the Speaker. - Notwithstanding anything contained in section 4, the enhancement of House Rent Allowance from rupees ten thousand to rupees fifteen thousand per month in respect of the building owned by the Speaker with effect from 1-6-2004 through executive orders issued in G.O. Rt. No.4750, General Administration (Accommodation) Department, dated 17-8- 2004 shall be deemed to have been validly made.]

[5. Salaries and allowances of Parliamentary Secretaries. - There shall be paid to each of the Parliamentary Secretaries, if any, a salary of [one thousand rupees] per mensem and a consolidated house rent and conveyance allowance of [one thousand rupees] per mensem.]

[The income tax payable by the Parliamentary Secretaries, if any, in so far as it relates to the salary and allowances mentioned in this section shall be borne by the State Government.]

[5A. Omitted]

[5B. Supply of furnishings and electrical appliances to certain office holders. - The State Government may, subject to such rules as may be made by them in this behalf, provide for furnishings and electrical appliances for the use at the residence of each of the holders of the offices referred to in section 3-A, sub-section (4) of section 4 [and section 5].

(2) The amendment made by sub-section (1) shall be deemed to have come into force on the 28th October, 1969.]

6. Conveyance to be provided for [Ministers] etc. - The State Government may, from time to time, provide suitable conveyances for the use of [the Ministers], [the Deputy Ministers] the Speaker, the Chief Whip in the Assembly, [the Whip in the Assembly], the Deputy Speaker, [the Chairman, the Deputy Chairman, the Chief whip and the whip in the Council] [and the Parliamentary Secretaries] subject to such rules regarding their maintenance and repair as may be made by the State Government:

[Provided that where any Minister, [the Deputy Minister], the Speaker [or the Deputy Speaker] [and the Chairman or the Deputy Chairman] does not use the conveyance provided by the State Government under this section, but desires to make use of his own motor car, he shall be paid a motor car allowance of [ [thirty thousand rupees] per mensem]]:

[Provided further that where the [Chief Whip in the Assembly] [the Whip in the Assembly] [and the Chief Whip or the Whip in the Council] does not use the conveyance provided by the State Government under this section, but desires to make use of his own motor car, he shall be paid a motor car allowance of [ [thirty thousand rupees] per mensem]]:

[Provided also that whether any Minister, Deputy Minister, the Speaker or the Deputy Speaker, the Chief Whip or the Whip in the Assembly, [the Chairman or the Deputy Chairman, the Chief Whip or the Whip in the Council] desires to make use of his own motor car as aforesaid, he shall be provided with a driver by the Government].

7. Travelling Allowance of Ministers, etc., on assuming and relinquishing office. - [(1)] [A Minister or Deputy Minister [or the Chief Whip in the Assembly] [or Whip in the Assembly] or the Speaker or the Deputy Speaker [or the Chief Whip in the Council, or the Whip in the Council or the Chairman or the Deputy Chairman] or a Parliamentary Secretary], shall-

(a) in respect of the journey for assuming office, to the [City of Hyderabad], from his usual place of residence in the State, if it is outside [the area comprised in that city and the city of Secunderabad]; and

(b) in respect of the Journey on relinquishing office, from the [City of Hyderabad] to his usual place of residence in the State before he assumed office, if such place is outside [the area comprised in that city and the city of Secunderabad] be entitled to travelling allowances for himself and the members of his family and for the transport of his personal effects, at such rates and upon such conditions as may be determined by rules made by the State Government.

[(1A) Where the Speaker [or the Chairman] at any time after assuming office in the city of Hyderabad, shifts his residence from the city of Hyderabad to his usual place of residence in the State before he assumed office, he shall, in respect of the journey made by him in that behalf, be entitled to travelling allowance for himself and the members of his family and for the transport of his personal effects, at such rates and upon such conditions as may be determined by rules made by the State Government.]

[Explanation. - For the purpose of this section, the expression "the State" shall mean the territories specified in section 3 of the Andhra Pradesh Re-organisation Act, 2014 (Central Act No.6 of 2014)].

(2) [xxx]

8. Travelling and daily allowances of Ministers etc. - [(1)] The holders of the offices referred to in sections 3 to 5 shall, in respect of their tours, be entitled to travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government.

(2) [xxx]

[9. Ministers etc., and their families to be entitled to free accommodation in State hospitals and to free medical treatment in State hospitals and medical treatment elsewhere at Government cost. - Subject to such conditions as may be determined by rules made by the State Government, a Minister, the Speaker, the Deputy Speaker, [the Chairman, the Deputy Chairman] and the members of his family shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical treatment therein, and also, at the cost of the State Government, to medical treatment in any hospital elsewhere either within or outside India, and to the provision of artificial limbs, hearing aids, and the like:]

[Provided that the cost to be borne by the State Government in respect of medical treatment,-

(a) in any hospital within or outside India, shall not exceed such sum as may be specified in the rules made by the State Government in this behalf, inclusive of the fare for air passage and expenditure incurred towards personal attendant, in case where facility for such treatment is available in any hospital within India; or

(b) in any hospital outside India shall not exceed the actual expenditure incurred for such treatment and the fare for air passage of both the person treated and the personal attendant, in case where facility for such treatment is not available in any hospital within India.]

[9A. [Free accommodation and medical treatment in State hospitals and medical treatment elsewhere at Government cost] to holders of other offices and their families. - Subject to such conditions as may be determined by rules made by the State Government, the holders of the offices referred to in [sections 3-A to 5] other than those specified in section 9, and the members of their families shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government, and to medical treatment therein, and also, at the cost of the State Government, to medical treatment in any hospital elsewhere, either within or out-side India, and to the provision of artificial limbs, hearing aids, and the like]:

[Provided that the cost to be borne by the State Government in respect of medical treatment,-

(a) in any hospital within or outside India shall not exceed such sum as may be specified in the rules made by the State Government in this behalf, inclusive of the fare for air passage and expenditure incurred towards personal attendant, in case where facility for such treatment is available in any hospital within India; or

(b) in any hospital outside India, shall not exceed the actual expenditure incurred for such treatment and the fare for air passage of both the person treated and the personal attendant, in case where facility for such treatment is not available in any hospital within India.]

[9B. Advances to Ministers, Deputy Ministers, Chief Whip in the Assembly, Whips in the Assembly, Speaker and Deputy Speaker and the Chief Whip and Whip in the Council, the Chairman and the Deputy Chairman for purchase of motor cars. - Any Minister, Deputy Minister, Chief Whip or Whip in the Assembly, the Speaker or the Deputy Speaker, [the Chief Whip and the Whip in the Council, the Chairman and the Deputy Chairman] may be paid by way of a repayable advance a sum of money as may be prescribed for the purchase of motor car in order that he may be able to discharge conveniently and efficiently the duties of his office.]

[10. Removal of certain disqualifications. - No person shall be disqualified for being chosen as or for being a member of the [Telangana] Legislative Assembly [or the Legislative Council] on the ground only that he holds any of the offices specified in the Schedule to this Act.]

11. Salaries and allowances of members of the Legislative Assembly and the Legislative Council. - [(1) Every member of the [Telangana] Legislative Assembly or the Legislative Council who does not hold any of the offices referred to in sections 3 to 5 and sections 12-A and 12-B shall be entitled to receive,-

[(a) a salary of Rs. 20,000/- (rupees twenty thousand only) per mensem;]

[(b) [xxx]

(c) travelling, daily and other allowances at such rates and upon such conditions as may be determined by rules made by the State Government.]

[(1A) Every member referred to in sub-section (1) shall be provided, at his or her option, either with railway coupons enabling to travel in the first class upto a maximum distance [of 70,000 Kms. (Seventy thousand Kilometers)] in a year or with such lumpsum amount calculated at the prevailing railway fare at the stage of 800 Kilometers according to the fare fixed for each Kilometer travelled, [up to 70,000 Kms.] and such member or his or her spouse shall be entitled to travel either singly or together with spouse or with any other person by any railway in India:

Provided that the lumpsum amount so calculated shall be paid to each such member in two equal instalments, one in the first half of the year and the other in the second half of the year subject to such rules as may be made in this behalf.]

[(1B) Every member referred to in sub-section (1), and his or her spouse shall, subject to such rules as may be made by the State Government in this behalf, be entitled to travel [either singly or together with the spouse or with any other person] in any stage carriage vehicles operated by the [Telangana] State Road Transport Corporation on any route:

[Provided that if such member is un-married or has no spouse living, he shall be entitled to travel under this sub-section, together with any other person.] ]

(2) The salary referred to in clause (a) of sub-section (1) shall accrue to a member from the date on which he is declared duly elected [or in the case of a member nominated by the Governor [xxx] 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 shall not be paid until the member has made and subscribed the oath or affirmation referred to in article 188 of the Constitution.

[11A. Medical facilities to the Members of the Legislative Assembly, [and the Legislative Council] the Former Members of the Legislative Assembly and the Legislative Council and their families.] - [(1)] Subject to such conditions as may be determined by rules made by the Government, every Member of the Legislative Assembly [or the Legislative Council] who does not hold any of the Offices referred to in sections 3 to 5 and sections 12-A and 12-B, and the Members of his family shall be entitled to,-

[(a) xxx]

(b) free accommodation and medical treatment in any hospital maintained by the State Government;

(c) reimbursement of the charges incurred towards hospitalisation in any Government hospital or in the Nizam's Institute of Medical Sciences, Hyderabad, where such hospitalisation is advised;

(d) medical treatment in any hospital outside India; and

(e) the provision of artificial limbs, hearing aids and the like at the cost of the State Government:

Provided that the cost to be borne or the amount to be reimbursed by the State Government in respect of medical treatment,-

(i) in any hospital within or outside India, shall not exceed such sum as may be specified in the rules made by the State Government in this behalf, inclusive of the fare for air passage and expenditure incurred towards personal attendant, in case where facility for such treatment is available in any hospital in India; or

(ii) in any hospital outside India, shall not exceed the actual expenditure incurred for such treatment and the fare for air passage of the person treated and his personal attendant in case where facility for such treatment is not available in any hospital in India;

(iii) in respect of hospitalisation in any Government hospital or in the Nizam's Institute of Medical Sciences, Hyderabad, the amount to be reimbursed shall not exceed [rupees seventy five thousand] on each occasion.

[(2) Subject to such conditions as may be determined by rules made by the Government every former member of the Legislative Assembly and Legislative Council and the members of their families shall be entitled to the medical facilities specified in clauses (b), (c) and (e) of subsection (1).]

[11B. Accommodation to members of the Legislative Assembly and the Legislative Council. - [(1) Every Member of the Legislative Assembly [or the Legislative Council] who does not hold any of the offices referred to in sections 3, 4, 5, 12-A and 12-B shall be entitled without payment of rent, electricity and water charges to the use of furnished accommodation at Hyderabad, provided by the State Government:

[Provided that where any such member does not use the accommodation provided by the State Government under this sub-section, such member shall be paid an accommodation allowance at the rate of Rs. 25,000/- (Rupees Twenty Five thousand), per mensem.] ]

(2) The State Government may make rules regarding:

(a) the nature of accommodation and the scales of furniture and other facilities to be provided under this section for members;

[(b) xxx] ]

[11C. xxx]

[11D. Pension. - [(1) There shall be paid to every person who has served for a term or part of it as,-

(i) a member of the [Telangana] Legislative Assembly, or

(ii) a member of the [Telangana] Legislative Council, or

(iii) partly as a member of the said Legislative Assembly and partly as a member of the said Legislative Council;

[A pension of Rs.30,000/- (rupees thirty thousand only) per mensem for the first term or a part of it and a pension of Rs.1,000/- (rupees one thousand only) per mensem for each year of his service in subsequent term as such member, so however, that in no case the pension payable to such person shall exceed Rs.50,000/-(rupees fifty thousand only) per mensem.]

Explanation. - For the purposes of this sub-section,-

(a) the period during which a person served as a member of the Legislative Assembly or Legislative Council or partly as a member of the Legislative Assembly and partly as a member of the Legislative Council, as it existed during the period commencing from the 15th August, 1947, and ending with the 1st November, 1956, of the Former Province or State of Madras or State of Hyderabad or State of Andhra shall be taken into account [in computing the first term or a part of it and the number of years in respect of subsequent term;]

(b) [in respect of the subsequent term] the period of one year shall be counted from the date of declaration of results of the election or, as the case may be, from the date of the nomination;

(c) [in respect of the subsequent term] the fractions of a year not less than six months, except in the case of [the first year of service in such subsequent term] as such member, shall be counted as one year and other fractions shall be disregarded.

[(d) the computation of service for the first term or a part of it, shall be from the date of declaration of results of the election or as the case may be, from the date of nomination.] ]

(2) Where any person entitled to pension under subsection (1) is also entitled to any salary from the Central Government or the State Government or any Corporation owned or controlled by the Central Government or the State Government or any Local Authority under any law or otherwise or has become 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 be entitled to such salary or remuneration:

Provided that where the salary or remuneration referred to in this sub-section (1), such person shall be entitled only to receive the difference as pension under this sub-section.

Explanation I. - For the purpose of this sub-section, the expression "salary" shall, in relation to a Member of the Legislative Assembly or the Legislative Council, include the constituency allowance to which he is entitled under clause (c) of sub-section (1) of section 11.

Explanation II. - For the purpose of this sub-section, the expression "remuneration" shall not include pension to which a person is entitled from the Central Government or the State Government or the Corporation or the Local Authority referred to therein.

(3) In computing [the number of years in respect of subsequent term] for the purpose of sub-section (1), the period during which a person has served as a Chief Minister, Deputy Chief Minister, Minister and Deputy Minister, the Speaker and Deputy Speaker, the Chairman and the Deputy Chairman, the Chief Whip in the Assembly, Whip in the Assembly and the Chief Whip and Whip in the Council or held any of the offices specified in sections 12-A and 12-B or both by virtue of his membership of the Legislative Assembly or the Legislative Council, shall also be taken into account.

[(4) The [spouse] of a deceased Member, who is not re-married, shall be entitled to receive [xxx] the pension, which the deceased member would have been entitled to receive under this section, had he been alive.] ]

[11E. Advance to Members of the Legislative Assembly [and the Legislative Council] for purchase of motor car. - A Member of the Legislative Assembly [or the Legislative Council] may be paid by way of repayable advance a sum of money as may be prescribed for the purchase of a motorcar.]

[11F. Payment of constituency allowances. - Every member of the [Telangana] Legislative Assembly or the Legislative Council including those holding any of the offices referred to in sections 3, 3-A, 4, 12A and 12-B shall be entitled to receive a constituency allowance of [Rs.2,30,000/- (rupees two lakhs and thirty thousand only) per mensem.] ]

12. Relinquishment of Salaries and allowances and cancellation thereof. - (1) Any person entitled to any salary or allowance under this Act may relinquish the whole or any portion thereof,-

(a) in the case of a Minister [or a Deputy Minister, or the [Chief Whip in the Assembly] [or the Whip in the Assembly] [or the Chief Whip in the Council or the Whip in the Council] or a Parliamentary Secretary,] within two months from the date on which he enters upon office as such;

(b) in the case of the Speaker or Deputy Speaker, 135 [or the Chairman or the Deputy Chairman] within one month from the date on which he is chosen for the office;

[(bb) xxx]]

(c) in the case of a member of the [Telangana] Legislative Assembly [or the Legislative Council] within one month from the date on which he makes and subscribes the oath or affirmation referred to in article 188 of the Constitution.

(2) Any relinquishment made by any of the persons referred to in sub-section (1) in respect of any allowance may be cancelled by him, if and only if the rules relating to that allowance are so revised as to alter the amount of the allowance to which he would have been entitled but for the relinquishment.

(3) Every relinquishment or cancellation made in pursuance of sub-section (1) or (2) shall be made in writing and shall take effect at such time and subject to such conditions as may be determined by rules made by the State Government.

[12A. Application of provisions relating to Minister to Chairman of Planning and Development Committees. - The provisions of this Act shall apply in relation to the holders of the following offices as they apply in relation to a Minister, namely:-

(1) Chairman of the Telangana Planning and Development Committee.

[(2) [xxx]

(3) [xxx]

(4) [xxx]]

[12AA. Security Car allowance to Vice- Chairman, State Planning Board. - There shall be paid to the Vice-Chairman, State Planning Board a security car allowance of rupees fifteen thousand per mensem subject to such rules as may be made by the State Government.]

[12B. Application of provisions relating to Minister to the Leader of Opposition. - The provisions of this Act shall apply in relation to the holder of office of the Leader of the Opposition in the [Telangana] Legislative Assembly or in the [Telangana] Legislative Council, as they apply in relation to a Minister:

Provided that where there are two or more parties in opposition to the Government, in the [Telangana] Legislative Assembly or in the [Telangana] Legislative Council having the same numerical strength, the Speaker of the [Telangana] Legislative Assembly or the Chairman of the [Telangana] Legislative Council as the case may be, shall having regard to the status of the parties, recognise any one of the Leaders of such parties as Leader of the Opposition for the purpose of the section and such recognition shall be final and conclusive.

Explanation. - In this Act, the term "Leader of the Opposition in the [Telangana] Legislative Assembly or in the Legislative Council" means that member of the [Telangana] Legislative Assembly or the Legislative Council, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Speaker of the [Telangana] Legislative Assembly or the Chairman of the [Telangana] Legislative Council, as the case may be.]

[12C. xxx]

13. Power of State Government to make rules. - (1) The State Government may make rules for carrying out the purposes of this Act [and any rule made under this sub-section may be made so as to have retrospective effect].

(2) All rules made under this Act shall have effect as if enacted in this Act.

[(3) Every rule made under this Act, shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration 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 in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the [Telangana] Gazette have effect only in such modified form or shall stand annulled 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.]

14. Saving. - Nothing in this Act shall prevent a retired Government Servant from drawing his pension in addition to any salary or allowance to which he may be entitled under this Act.

15. Special provision in respect of conveyance, house rent allowance, etc., in respect of Deputy Speaker and Deputy Chairman during certain period. - Notwithstanding anything contained in the principal Act,-

(a) during the period between the 26th March, 1974 and up to the commencement of the Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications (Amendment) Act, 1979 (hereinafter referred to as the said Act), the Deputy Speaker and during the period between the 4th July, 1974 and up to the commencement of the said Act, the Deputy Chairman, shall each be paid a conveyance allowance of six hundred rupees per mensem;

(b) during the period between the 26th March, 1974 and up to the commencement of the said Act, the Deputy Speaker and during the period between the 4th July, 1974 and up to the commencement of the said Act, the Deputy Chairman shall each be entitled without payment of rent to the use of furnished residence provided by the State Government:

Provided that where the Deputy Speaker or the Deputy Chairman does not use the residence provided by the State Government, he shall be paid a house rent allowance of three hundred rupees per mensem;

(c) all expenditure for furnishing the residence of the Deputy Speaker during the period between the 26th March, 1974 and upto the commencement of the said Act, or the Deputy Chairman during the period between the 4th July, 1974, and up to the commencement of the said Act, and for the maintenance thereof, whether or not such residence is provided by the State Government under clause (b) shall be borne by the State Government subject to such rules as may be made by the State Government in this behalf and no charge shall fall on the Deputy Speaker or the Deputy Chairman personally in respect of the furnishing and maintenance of such residence;

(d) during the period between the 1st September, 1977 and up to the commencement of the said Act, when the Deputy Speaker or the Deputy Chairman performs the functions of the office of the Speaker or the Chairman, as the case may be, when the office of the Speaker or Chairman during any period is vacant, the Deputy Speaker or the Deputy Chairman shall be paid a conveyance allowance of one thousand rupees per mensem in lieu of conveyance allowance payable to him under clause (a).

16. Repeal of Andhra Ordinance I of 1953. - The Andhra Payment of Salaries and Removal of Disqualifications Ordinance, 1953 (Andhra Ordinance-I of 1953), is hereby repealed.

[The Schedule]

[See section 10]

[1. The Office of the Chief Parliamentary Secretary, Parliamentary Secretary, Parliamentary Under-Secretary, Chief whip in the Assembly, [Deputy Chief Whip or Whip] [Chief Whip in the Council or the Whip] ].

[1A. xxx]

[1B. The Office of the Chairman of the Telangana Planning and Development Committee or the Chairman of the Rayalaseema Planning and Development Committee or the Chairman of the Coastal Andhra Planning and Development Committee [or the Chairman of the North Coastal Andhra Planning and Development Committee.] ]

[1C. The Office of the Chairman, Urban Development Authority for the Hyderabad Development Area.]

[1D. The Office of the Leader of the Opposition in the [Telangana] Legislative Assembly [or in the Legislative Council] ].

2. Any office in the National Cadet Corps constituted under the National Cadet Corps Act, 1948 (Central Act XXXI of 1948), or in the Territorial Army constituted under the Territorial Army Act, 1948 (Central Act LVI of 1948).

[2A. [The office of the Vice-Chairperson/Member] of the National Disaster Management Authority constituted by the Government of India in Ministry of Home Affairs in their notification No.1/15/2002-DM (I)/NDMA.III(A), dated the 30th May, 2005.]

[3. The Office of the Chairman or member of any Committee, provided the holder of any such office is not in receipt of, or entitled to, any remuneration other than Compensatory allowance.]

[3A. The office of member of the Andhra Pradesh State Law Commission.]

4. Any office of profit under an insurer, the management of whose controlled business is vested in the Central Government under the Life Insurance (Emergency Provisions) Act, 1956 (Central Act IX of 1956).

[xxx]

5. Any office in the Auxiliary Air Force or the Air Defence Reserve raised under the Reserve and Auxiliary Air Forces Act, 1952 (Central Act LXII of 1952).

[6. The Office of the Vice-Chancellor of any University.]

7. [ [Subject to the provisions of section 10 of the Representation of the People Act, 1951], the office of the Chairman], director, member or any other officer of a statutory body, where the power to make any appointment to any such office or the power to remove any such person therefrom is vested in the Central Government or any State Government, as the case may be, provided the holder of any such office is not in receipt of, or entitled to, any remuneration other than compensatory allowance.]

[7A. [Subject to the provisions of section 10 of the Representation of the People Act, 1951], the office of member of the [Telangana] State Road Transport Corporation constituted under the Road Transport Corporations Act, 1950 (Central Act LXIV of 1950).]

8. The office of member of any local authority, provided the holder thereof is not in receipt of, or entitled to, any remuneration other than compensatory allowance.

9. The office of any part time professor or lecturer in a Government College.

10. The office of any honorary medical officer or honorary assistant medical officer in a hospital under Government management.

[10A. The office of,-

(i) a Government Pleader or a Public Prosecutor;

(ii) a Standing Counsel appointed by the Government for being engaged by a charitable or religious institution or endowment for conducting legal proceedings on its behalf.]

11. The office of a village official or Watandar, namely, Patel, Patwari, Deshmukh, Deshpandya or Hissedar in such Watan who is not himself performing any service connected with the office or Watan or who is not customarily entrusted with any such service and who is in receipt of any share of the Rusum or other emoluments to which he may be entitled as a hereditary Watandar or Hissedar in the form of Haq-i- Malikana or otherwise.

12. A person drawing his service pension, political pension or grant, mansab, charitable grant or commutation sum or compensation in respect of a jagir, inam or other grant.

Explanation. - In this Schedule,-

(i) 'committee' means any committee, commission, council, board or any other body of one or more persons, whether statutory or not, set up by the Central Government or any State Government;

(ii) 'compensatory allowance' means such sum of money as the Central Government or the State Government concerned, as the case may be, may determine as being payable to the chairman or any other member of a committee by way of travelling allowance, daily allowance, conveyance allowance or house rent allowance for the purpose of enabling the chairman or other member to recoup any expenditure incurred by him in attending any meeting of a committee or performing any other function as a member of that committee;

(iii) "controlled business' shall have the meaning as in clause (2) of section 2 of the Life Insurance (Emergency Provisions) Act, 1956 (Central Act IX of 1956);

(iv) "statutory body' means any corporation, board, company, society or any other body of one or more persons, whether incorporated or not, established, registered or formed by or under any Central Act or the law of any State for the time being in force or exercising powers and functions under any such Act or law, [xxx].

[13. The Office of the Chairman, Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Limited, Hyderabad.

14. The Office of the Chairman, Andhra Pradesh Backward Classes Co-operative Finance Corporation Limited, Hyderabad.

15. The Office of the Chairman, Andhra Pradesh Scheduled Tribes Co-operative Finance Corporation Limited, Hyderabad.

16. The Office of the Chairman, State Level Committee for Protection of Civil Rights, Hyderabad.

17. The Office of the Chairman, Command Area Development Authority, Board of Tungabhadra Project Command Area, Anantapur.

18. The Office of the Chairman, Command Area Development Authority, Nagarjunasagar Left Canal Command Area, Khammam.

19. The Office of the Chairman, Command Area Development Authority, Nagarjunasagar Right Canal Command Area, Guntur.

20. The Office of the Chairman, Command Area Development Authority, Sreeramasagar Command Area, Jagtial, Karimnagar District.

21. The Office of the Chairman, Andhra Pradesh State Agro-Industries Corporation, Hyderabad.

22. The Office of the Chairman of Market Committee constituted under the Telangana (Agricultural Produce and Livestock) Markets Act, 1966.

23. The Office of the Chairman, Krishna and Godavari Delta Drainage Board, Hyderabad.

24. The Office of the Chairman, Andhra Pradesh State Electricity Board, Hyderabad.