For official use only
THE
SALARIES & ALLOWANCES
OF
OFFICERS OF PARLIAMENT
ACT, 1953
AND
RULES MADE THEREUNDER
MINISTRY OF PARLIAMENTARY AFFAIRS,
NEW DELHI
MAY, 2003
6.The Officers of Parliament (Pension, Housing and Medical Facilities to the
Spouse of the Speaker of the House of the people, Dying while Holding Such Office), Rules, 2002.
Be it enacted by Parliament as
follows:
1.Short title and commencement.(1) This Act may be called the Salaries and
Allowances of Officers of Parliament
Act , 1953.
(2) It shall be deemed to have come
into force on the first day of May,1953.
2.Definition . in this Act " Officer of Parliament
" means any of the following officers, namely, the Chairman and Deputy
Chairman of the Council of States and the Speaker and the Deputy Speaker of the
House of the People.
'[3.
Salaries etc., of Officers of Parliament ,(1) There shall be paid to the Chairman of the Council of States a
salary of *Forty thousand rupees per mensem,
(3) Each officer of Parliament,**
(other than the Chairman of the Council of States,) shall be entitled to
receive a constituency allowance at the same rate as is specified under Section
8 of the said Act with respect to Members of Parliament,]
4.Residence
for Officers of Parliament . 3(1) Each officer of
1Substituted by Act 75 of
1985, effective from 26-12-1985.
2Inserted by Act 17 of 1990, effective from 1-4-1988,
3Renumbered by Act 49 of 1972, effective from
1-11-1969.
* Substituted vide Act 26 of 1998, effective
retrospectively from 1.1.1996
** Deleted vide Act 26 of
1998, effective retrospectively from 1.1.1996
4 .Substituted by Act 49 of
1972, effective from 1.11.1969
2[(2) In the event of the death of an officer of
Parliament, his family shall be entitled to the use of the furnished residence
occupied by the officer of Parliament
(a) for a
period of one month immediately after his death, without payment of rent and no
charge shall fall on the family of the officer of Parliament in respect of the
maintenance of such residence, and
(b) for a
further period of one month, on payment of rent at such rates as may be
prescribed by rules made in this behalf under Section 11 and also charges in respect
of electricity and water consumed in that residence during such further period.]
Explanation . For the purposes of this section,
"residence" includes the staff quarters and other buildings
appurtenant thereto and the garden thereof, and "maintenance" in
relation to a residence includes the payment of local rates and taxes and the
provision of electricity and water,
5.Sumptuary
Allowance . ^There shall be
paid to* the Speaker of the House of the People a sumptuary allowance of one
thousand rupees per mensem and to the Deputy Chairman and the Deputy Speaker a
sumptuary allowance of five hundred rupees per mensem-
**"Provided that on and from the 17th day of September, 2001, the sumptuary allowance shall be paid to-
a. The Speaker of the House of the People at the same rate at which the sumptuary allowance is payable, under section 5 of the Salaries and Allowances of Ministers Act, 1952, to every other minister who is a member of the Cabinet;
b. The Deputy Chairman and the Deputy Speaker at the same rate at which the sumptuary allowance is payable, under section 5 of the Salaries and Allowances of Ministers Act, 1952, to a Minister of State."
6.Travelling and daily allowances
to Officers of Parliament.
(1) Subject to any rules made in
this behalf under Section 11, an Officer of Parliament shall be entitled to
(a) travelling allowances for
himself and the members of his family and for the transport of his and his
family's effect
(i) in respect of the journey to
Delhi from his usual place of residence outside Delhi for assuming office, and
(ii) in respect of the journey from
Delhi to his usual place of residence outside Delhi on relinquishing office; and
2.Inserted by Act 49 of 1972,
3Substituted
byAct 75 of 1985.
*Deleted by Act 26 of 1998, effective retrospectively
from 1.1.1996
**Inserted by Act 29 of
2002, effective retrospectively from 17.09.2001.
(b) traveling and daily allowances in respect of tours
undertaken by him in the discharge of his official duties, whether by sea,
land or air.
*[(1A) On
and from the commencement of the Salaries and Allowances of Officers of
Parliament and Leaders of Opposition in Parliament (Second Amendment) Act,
2002, an officer of Parliament and his family, whether travelling together or
separately, shall be entitled to travelling allowance at the same rates and for
the same number of return journeys as admissible to a Minister and his family
under sub-section (1A) of section 6 of the Salaries and Allowances of Ministers
Act, 1952."
Explanation . For the purposes of this sub-section,
"return Journey" means a journey from one place to another place and
the return journey from such other place to the first mentioned place.]
(2) Any
travelling allowance under this section may be paid in cash or free official
transport may be provided in lieu thereof-
7. Medical facilities to Officers of
Parliament.Subject to any rules made in this behalf under Section 11, an
Officer of Parliament and the members of his family shall be entitled free of
charge to accommodation in hospitals maintained by the Government and also to
medical treatment.
**7A(1) With effect from the commencement of the Salaries and Allowances of Officer of Parliament (Second Amendment) Act, 2002, there shall be paid a family pension, to the spouse of the Speaker of the House of the people who dies while holding such office at the rate of fifty percent of the salary last drawn by him for the remainder of life of such spouse from the date of death of Speaker.:
Provided that the spouse of such Speaker shall not be entitled receive pension available to the spouse of any member of Parliament who dies during his term of office as such member for a period of five years from the date of death of the member under sub-section (IA) of section 8A of the Salary, Allowances and Pension of Members of Parliament Act, 1954.
2. Without prejudice to the provisions of clause (a) of sub-section (2) of section 4 and subject to any rules made in this behalf under section 11, such spouse shall be entitled to the use of unfurnished residence without payment of licence fee for the remained of her life.
3. Subject to any rules made in this behalf under section11,-
(a )such spouse, for the remainder of her life; and
(b) the minor
children of such Speaker, shall be entitled to medical attendance and
treatment, free of charge."
9. Officers
of Parliament not to draw salary or allowances as Members of Parliament.No Officer of Parliament in receipt of a salary
or allowance under this Act shall be entitled to receive any sum out of funds
provided by Parliament by way of salary or allowance in respect of his
membership of either House of Parliament.
10. Notification
respecting appointment, etc., of Officers of Parliament to be conclusive
evidence thereof. The date
on which any person became or ceased to be an Officer of Parliament shall be
published in the Official Gazette and any
**Inserted by G.S.R
No.535(E) and 592(E) effective from 3.3.2002.
_______________________________________________________________________________________________
(a) in
computing the total income of a previous year of the chairman of the council of
states, any income by way of an allowance referred to in sub-section (1) of
section 3 shall not be included;
(b) the
value of rent free furnished residence (including maintenance thereof) provided
to an officer of Parliament under sub-section (1) of section 4 shall not be
included in the computation of his income chargeable under the head
"Salaries" under section 15 of the income-tax Act, 1961.
11. Power to make rules . (1) The
Central Government may, in consultation with the chairman and the speaker, make
rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall be laid before both Houses of
Parliament as soon as may be after they are made.
OFFICERS OF PARLIAMENT (TRAVELLING AND DAILY ALLOWANCES)
RULES, 1956
2. Allowances admissible to chairman of
the council of States and the Speaker of the House of the People .The
Chairman of the Council of the States and the Speaker of the House of the
People shall each be entitled
(a) on
assumption and relinquishment of his office, to such travelling allowances for
himself and the members of his family and for the transport of his and his
family's effects as are admissible to a Cabinet Minister on the assumption and
relinquishment of his office under the rules made under section 11 of the
Salaries and Allowances of Ministers Act. 1952 (LVIII of 1952). as for the time
being in force;
(b) in
respect of tours undertaken by him in India in the discharge of his official
duties, to such travelling and daily allowances as are admissible to a Cabinet
Minister under the said rules;
(c) in respect of tours undertaken by him outside India in the discharge of his official duties, to such travelling and daily allowances as the Central Government may, in each case, determine-
3. Certain additional allowances
admissible to the Speaker of the House or the People . The Speaker of the
House of the People, shall, in respect of the journey undertaken by him from
Delhi to his constituency (Headquarters) at the end of each session of the
House of the People and for return journey to Delhi at the beginning of the
next session, be entitled to
(a)
travelling allowances (without daily allowances) at the rates admissible under
clause (b) of rule 2:
(b) actual charges for the haulage
of his motor car at his own risk; and
(c) actual railway fare by the
lowest class for his chauffeur.
____________________________________________________________________________________________________________
(a) on the assumption and relinquishment of his
office, to such travelling allowances for himself and the members of his family
and for the transport of his and his family's effects as are admissible to a
'[Minister of state] on the assumption and relinquishment of his office under
the rules made under section 11 of the Salaries and Allowances of Ministers
Act, 1952 (LVI11 of 1952), as for the time being in force;
(b) in respect of tours undertaken by him in India
in the discharge of his official duties to such travelling and daily allowances
as are admissible to a '[Minister of State] under the said rules;
(c) in respect of the Journey undertaken by him from Delhi to his constituency (headquarters) at the end of each session of the Council of States or the House of the People, as the case may be, and for the return journey to Delhi at the beginning of the next session, to travelling allowances (without daily allowances) at the rates admissible under clause (b);
(d) in
respect of tours undertaken by him outside India in the discharge of his
official duties, to such travelling and daily allowances as the Central
Government may, in each case, determine.
2[4A. Payment
of advance of travelling allowance and daily allowance . There may be
paid to an Officer of Parliament an advance of any travelling allowance or
daily allowance admissible to him under these Rules.]
5.Special provision
regarding allowances paid before the commencement of these rules , All
payments made before the commencement of these rules to any officer of
Parliament by way of travelling and daily allowances shall be deemed to have
been properly made, as If the rates at which such allowances were paid had been
fixed under these rules.
2.
THE OFFICERS OF PARLIAMENT (ADVANCES FOR MOTOR-CARS) RULES,1953
1. Short
title and commencement . (1) These Rules may be called the Officers of
Parliament (Advances for Motor-Cars) Rules, 1953.
(2) They
shall be deemed to have come into force on the first day of May, 1953.
2. Maximum amount of advance .
2{(l)} The maximum amount which may be advanced to an Officer of Parliament for
the purchase of a motor-car shall not exceed 3(Rupees one lakh or the actual
price of the motor-car which is intended to be purchased, whichever is less,
4{(2) The
amount of the advance under sub-rule (1) shall be sanctioned in the name of the
President and authenticated in accordance with the provisions of the
Authentication (Orders and other instruments) Rules, 1958}
3. Repayment of Advance . 5{(1) Recovery of the advance granted
under rule 2, together with interest thereon, shall be made from the salary
bill of the Officer of Parliament concerned in not more than sixty equal
monthly installments, The Government may, however, permit recovery to be made
in a smaller number of installments if the Officer of Parliament receiving the
advance so desires. The deduction shall commence with the first issue of salary
after the advance is drawn. Simple interest at the rate fixed by the Government
for the purpose of purchase of conveyances by Government servants, shall be
charged on the advance,
Explanation .The amount of the advance to be recovered
monthly shall be fixed in whole rupees, except in the case of last installment
when the remaining balance including any fraction of a rupee shall be
recovered.}"
1 Published as Notification No.F.35(9)
E.V./54 fated the 22nd May, 1954, form Ministry of Finance,
Government of India.
2Renuembered vide DPAs
Notification No. F-10 (4)/ 63-Admn, dated 19-9-1963.
3Subsitutited-ibid and GSR
No. 935 (E), Published in the India Gazette of India, Extraordinary Part II,
Section 3, Sub-section (i) dated 18-12-1992 vide MPA, Notification No. 13(1)/
92-WS dated 17-12-1992.
4Added-Natifiacation dated
19-9-1963(ibid)
5Subsitituted vide
Notification dated 10-9-1963 ibid.
* Substituted vide G.S.R 132(B) dated 23-2-1999.
4. Sale of motor-car . (1) Except when an Officer of Parliament
relinquishes his office, previous sanction of Government shall be obtained for
the sale by the Officer of Parliament of the motor car purchased with the aid
of an advance, if such advance together with the Interest accrued thereon, has
not been fully repaid. If an Officer of Parliament wishes to transfer the motor
car to another Officer of Parliament he may be permitted under the orders of
Government to transfer the liability attaching to the motor car to the later
Officer of Parliament, provided that the purchasing officer of Parliament
records a declaration that he is aware that the motor car transferred to him
remains subject to the mortgage bond and that he is bound by its terms and
provisions.
(2) In
all cases where a motor car is sold before the advance received for its
purchase from Government with Interest has been fully -repaid, the
sale-proceeds must be applied, so far as may be necessary, towards the
repayment of such outstanding balance, provided that when the motor car is
sold only in order that another motor car may be purchased, Government may
permit the Officer of Parliament to apply the sale proceeds towards such
purchase, subject to the following conditions, namely:
(a) the amount outstanding shall not be permitted
to exceed the cost of the new car;
(b) the amount outstanding shall continue to be
repaid at the rate previously fixed; .and
(c) the new car shall be insured and mortgaged to Government.
6.Execution of Agreement . At the time of drawing the advance
the Officer of Parliament will be required to execute an agreement in Form I
and, on completing the purchase, he will further be required to execute a
mortgage bond in Form 11 hypothecating the motor-car to the Government as
security for the advance. The cost price of the motor-car shall be entered in
the schedule of specifications attached/to the mortgage bond.
1{7. Certificate to the Pay
and Accounts Officer . When an advance is drawn, the sanctioning authority
shall furnish to the Pay and Accounts Officer, Council of States / House of the
People, a certificate that the Agreement in Form I has been signed by the
Officer of Parliament drawing the advance and that'll has been found to be in
order. The sanctioning authority shall see that the motor-car is purchased
within one month from the date on which the advance is drawn and shall submit
the mortgage bond promptly to the Pay and Accounts Officer, Council of
States/House of the People for examination before final record.}
'Substituted vide
D.P.A.'s Notification No. F 10 (4) /63 - Admn. dated 19-9-1963.
Substituted - ibid.
FORM I
FORM OF AGREEMENT TO BE EXECUTED AT THE TIME OF
DRAW1NG AN ADVANCE FOR THE PURCHASE OF A MOTOR-CAR
IN WITNESS whereof the Borrower has
hereunto set his hand the day and year first before written.
Signed by the said Shri
..
...
In the presence of
...
...
FORM II
FORM OF MORTGAGE BOND FOR MOTOR VEHICLES ADVANCE
THIS INDENTURE made this
. day of
NOW THIS INDENTURE: W1TNESSETH that in pursuance of
the said agreement and for the consideration aforesaid the Borrower doth hereby
covenant to pay to the President the sum of
Rs................
.aforesaid or the balance thereof remaining unpaid
at the date of these presents by equal payment of Rs.................
. each
on the first day of every month and will pay interest on the sum for the time
being remaining due and owing calculated according to the said Rules and the
Borrower doth agree that such payments may be recovered by monthly deductions
from his salary in the manner provided by the said Rules, and in further
pursuance of the said agreement the Borrower doth hereby assign and transfer
unto the President the motor vehicle the particulars whereof are set out in the
Schedule hereunto written by way of security for the said advance and the
interest thereon as required by the said Rules.
THE SCHEDULE
Description of motor vehicle :
Makers
Name :
Description :
No. of Cylinders :
Engine Number :
Cost Price :
.
name) and
.. for and on behalf of the President have hereunto set their
respective hands the day and year first above written, Signed by the said in
the presence of
(Signatures of Witnesses)(Signatures
and Designation of the
Borrowers)
Signed by (Name & Designation)
for and on behalf of the President
of India in the presence of
1.
.
2.
(Signatures of Witnesses) (Signatures
and Designation of the Officer)
...
1. It is hereby declared
and agreed that Mr...................... ...
..
2
Save as by this endorsement expressly agreed, nothing herein shall
modify or effect the rights or liabilities of the insured or the company
respectively under or in connection with this policy or any term, provision or
condition thereof.
_______________________________________________________________________________________________
THE OFFICERS OF PARLIAMENT (RENT FOR RESIDENCE RETAINED
BY FAMILY AFTER DEATH) RULES, 1 974*
G.S.R.
No. 200 In exercise of the powers conferred by section 11 of the Salaries and
Allowances of Officers of Parliament Act. 1953 (20 of J953), the Central
Government, In consultation with the Chairman of Council of States and the
Speaker of the House of the People- hereby makes the following Rules, namely :
1. Short title and commencement :
(1)These rules may be called the
Officers of Parliament (Rent for Residence Retained by Family after death)
Rules, 1974.
(2) They shall come into force on
the date of their publication In the Official Gazette.
2. Definition:
In these rules, "The Act"
means the Salaries and Allowances of Officers of Parliament Act, 1953 (20 of
1953).
3. Rent for residence by family after
death :
Where the
family of an officer of Parliament occupies a residence as specified in clause
(b) of sub-section (2) of section 4 of the Act, the family shall be charged
rent in accordance with the provisions of Fundamental Ruie45-A,or, if the rents
have been pooled, the pooled standard rent under Fundamental Rule 45-A.
*D.P.A. Notification No. F 198(L)/
70-PA dated 7-2-1974.
_______________________________________________________________________________________________
*THE OFFICERS OF
PARLIAMENT (MEDICAL FACILITIES) RULES, 1993
1.Short title and commencement :
(1) These rules may be called the
Officers of Parliament (Medical Facilities) Rules,1993.
(2) They shall come into force from
the date of their publication in the Official Gazette.
2. Medical Attendance and Treatment : (1) An Officer of Parliament and members of his
family shall be entitled free of charge to medical attendance and treatment on
the scale and conditions applicable to members of the All India Services and
members of their families under the All India services (Medical Attendance)
Rules, 1954.
(2) While
on duty outside India, an Officer of Parliament shall also be entitled free of
charge to such medical attendance and treatment as may be admissible to the
Heads of the Indian Mission at that place.
Note
:"FAMILY" for the purpose of these rules will have the same meaning
as defined in the All India Services (Medical Attendance) Rules, 1954.
3. Repeal and Savings : The Secretary of States Services (Medical
Attendance) Rules, 1938 as applicable to Officers of Parliament vide
notification ho, 59 (1)-EV/53 (Ministry of Finance) dated 17th April, 1954
stands repealed except in respect of things done before the repeal of such
rules.
*THE OFFICERS OF PARLIAMENT (PENSION, HOUSING AND MEDICAL FACILITIES TO
THE SPOUSE OF THE SPEAKER OF THE HOUSE OF THE PEOPLE, DYING WHILE HOLDING SUCH
OFFICE), RULES, 2002.
1. Short title and commencement:-]
(1) These rules may be called The Officers of Parliament (Pension, Housing and Medical Facilities to the Spouse of the Speaker of the House of the people, Dying while Holding Such Office), Rules, 2002.
(2) They shall be deemed to have come into force on 3rd day of March, 2002.
2. Definition- In these rules unless the context otherwise requires-
(a)"medical attendant" means any registered medical practitioner practising any system of medicine;
(b)"medical attendant" means any registered medical practitioner practising any system of medicine; "medical attendance and treatment" means medical consultation, hospitalisation, cost of medicines, clinical and pathological tests, other methods of medical examination and surgical operations, which the spouse of the Speaker dying while holding such office and minor children of such Speaker may require;
c. "residence" means a residential accommodation of-
i. the Type VII bungalow at a place where Central Government owned accommodation is available or the next highest type of accommodation if Type VII bungalow is not available; or
ii. the nature having a living area of not exceeding two thousand square feet at a place where Central Government owned accommodation is not available
d. "Speaker dying while holding such office" means a person who dies while holding the post of the Speaker of the House of the People;
e. "spouse" means a person, who is legally married to the Speaker dying in office;
f. "travelling expenses" means-
(i) in the case of Government medical officers, such travelling allowances as may be admissible to them under the rules of their services; and
(ii) in the case of person other than Government medical officers, expenditure incurred on travel not exceeding the maximum amount admissible to a Group A Government Servant.
3. Pension- The Lok Sabha Secretariat shall issue the pension payment order which shall include the amount of family pension and other facilities to which the spouse and the minor children shall be entitled.
4. Housing- (1) The Directorate of Estates, Ministry of Urban Development shall provide the spouse for the remainder of life, an unfurnished residence either owned or hired by the Central Government without payment of licence fee, anywhere in India at the choice of the spouse.
(2) The electricity and water charges for the residence shall be borne by the spouse.
5. Medical attendance and treatment-(1) The spouse or minor children or both of the Speaker dying while holding such office shall be entitled to medical attendance and treatment at the residence, or at the clinic, nursing home or institution of similar nature or consulting room of the medical attendant in India.
(2)All expenses incurred on services referred to in sub-rule (1) shall be borne by the Lok Sabha Secretariat on production of a certificate by the spouse in Form-I.
6. Travelling expenses.- (1) All travelling expenses incurred by the spouse or minor children or a medical practitioner or a medical specialist or medical attendant in connection with the medical attendance or treatment of the spouse or minor children or both of the Speaker dying while holding such office shall be borne by the Lok Sabha Secretariat on production of a certificate by the spouse to that effect in Form II.
(2) A Central Government medical officer who performs journey to attend on the spouse or minor children or both of such Speaker shall be entitled to travelling expenses as per the rules for the time being in force and a medical officer who belongs to a State Government may claim reimbursement on such account directly from the Lok Sabha Secretariat.
7. Interpretation and removal of difficulty.- If any question arises relating to the interpretation of these rules or any difficulty arises in complying with the provisions of the rules, it shall be referred to the Central Government, whose decision shall be final.
FORM-I
[See
rule 5(2)]
Certified that the amount of Rs, ..(Rupees .) drawn has been expended in connection with the medical treatment/attendance/consultation of Shri/Shrimati spouse/minor child of late Sh .former Speaker of the House of the People, who dies while holding such office on
Signature
Designation .
Date .
Place .
FORM-II
[See
rule 6(1)]
It is certified that the amount of Rs .(mention in figure)[Rupees (mention in words)] drawn by Shri/Shrimati being spouse of late Sh./Smt .the former Speaker of the House of the People who died while holding the office as such, has been incurred as travelling expenses by the spouse or his/her minor children or his/her medical practitioner or medical specialist or medical attendant in connection with the medical attendance or treatment of the spouse or his/her minor children.
Signature
Designation .
Date .
Place .
EXPLANATORY MEMORANDUM
The Salaries and Allowances of Officers of Parliament (Second Amendment) Act, 2002 has come into force with effect from the 3rd day of March, 2002.It is therefore proposed to bring these rules with effect from the 3rd day of March, 2002, being the date on which the said Act came into force. It is certified that no person is likely to be affected by the retrospective operation of the rules.
*Inserted by G.S.R. No. 535(E) and 592(E), published in gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)