Salary, Allowances and Pension of Members of Parliament Act,1954
Act No : 30
Section :
Constituency allowance and amenities.
6[8. Constituency allowance and amenities. A member shall be entitled to such constituency allowance, [office expense allowance]8 and to such medical facilities for himself and for members of his family and to such housing, telephone, water, electricity facilities or Such amount in cash in lieu of all or any of such facilities, as may be prescribed by rules under section 9.] 3[8A. Pension] 9["With effect from the commencement of the Salary,Allowances and Pension of Members of Parliament (Amendment) Act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not ."] (i)as a member of the Council of States, or (ii)as a member of the House of the People; or (iii) partly as a member of the Council of States and partly as member of the House of the People; or (iv) as a member of the Provisional Parliament; or (v) party as a member of the Provisional Parliament and- (a) partly as a member of the Council of States and partly as a member of the House of the People, or (b) partly as a member of the Council of States or partly as a member of the House of the People; 9[Provided that where any person has served as aforesaid for a period exceeding five years, there shall be paid to him an additional pension of two hundred and fifty rupees per mensem for every year in excess of five years: Provided further that where any person has served as a Member of the House of the People twice for its duration as provided in clause (2) of article 83 of the Constitution, whether consecutively or not, and who is not entitled to any pension under the foregoing provisions of this sub-section, he shall, with effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem: Provided also that every person, who has served for any period as a member of the Provisional Parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall, with effect from the cornmencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem.] ---------------------------------------------------------------------- 1 Subs. by Act 55 of 1958 s.7, for "medical" 2.Subs. by Act 48 of 1975, s.2 for "and postal facilities"(w.e.f. 16-8-1975) 3.Ins. by Act 105 of 1976, s.7. 4.Ins. by Act 21 of 1981, s.2 5. Subs. by s.2 ibid. for "Provided that". 6.Subs. by Act 74 of 1985, s.5 7. Subs. omitted and added by s.6 ibid. 8. Ins. by Act 60 of 1988, s.8 (w.e.f. 1-4-1988) 9. Subs. by Act 48 of 1993, s.4 ----------------------------------------------------------------------- 140c Explanation 1[(1)].-For the purpose of [this sub-section]1 "Provisional Parliament" shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution. 1[Explanation 2.-Where in any General Election held for the purpose of constituting a new House of the people, poll could not be taken in any parliamentary constituency or any part thereof on the date originally fixed under clause (d) of section 30 of the Representation of the people Act, 1951 on account of snow-falls or other weather conditions of an extreme nature in such constituency or part thereof or on account of such such constituency or part thereof being inaccessible for any reason, the member elected to such House from such constituency shall be deemed, for the purpose of this sub-section to have served as a member of such House from the date of publication, under section 73 of the said Act, of the notification relating to such House.] 2[(1A) With effect from the commencement of the Salary, Allowance and Pension of Members of Parliament. (Amendment) Act, 1988, there shall be paid a pension of five hundred rupees per mensem to the spouse, if any, or dependent of any member who dies during his term of office as such member, for a period of five years from the date of his death.] (2) Where any person entitled to pension under sub-section (1),- (i) is elected to the- office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or 1(ii) becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or Union territory or any Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966, (19 of 1966); or (iii) is employed on a salary under the Central Government or any State Government, or any corporation owned or controlled by the Central Government or any State Government, or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation or local authority. --------------------------------------------------------------------- 1. Renumbered and ins. by Act 74 of 1985, s.6 3. Ins. by Act 60 of 1988, s.9 (w.e.f. 1-4-1988). ---------------------------------------------------------------------- 140D such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration : Provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remu- neration referred to in clause (iii) payable to such person, is, in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section. 4["(3) where any person entitled to pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under subsection (1) in addition to such other pension.] (4) In computing the number of years, for the purposes of sub- section (1), the period during which a person has served as a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952) or 2[as an Officer of Parliament] as defined in the Salaries and Allowances of Officers of Parliament Act, 1953, (20 of 1953) (other than the Chairman of the Council of States 3[or as a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977,(33 of 1977), or has served in ----------------------------------------------------------------------- 1 Ins. by Act 35 of 1982,s. 2 2 Subs. by Act 33 of 1977, s. 11, for "an Officer of Parliament" (w.e.f. 1-11-1977). 3 Subs. by s. 11, ibid., for, "or both" (w.e.f. 1-11-1977). 4 Subs. by Act 48 of 1993, s.4 ----------------------------------------------------------------------- 140E all or any two of such, capacities] by virtue of his membership in the House of the People or in the Council of States shall also be taken into account.] 4["8B. Advances for purchase of conveyances. There may be paid. to a member by way of a repayable advance such sum of money not exceeding 5[Fifty thousand rupees] as may be determined by rules made in this behalf under section 9 for the purchase of a conveyance"] Power to make rules. (1) For the purpose of making rules under this section, there shall be constituted a Joint Committee of both Houses of Parliament consisting of five members from the Council of States nominated by the Chairman and ten members from the House of the People nominated by the Speaker. (2) The Joint Committee constituted under sub-section (1) shall elect its Chairman and shall have power to regulate its procedure. 1[ (2A) A member of the Joint Committee shall hold office as such member 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 of the Council of States or the Speaker of the House of the People, as the case may be. Explanation.-In the case of a. member of a Joint Committee hold- ing office as such immediately before the commencement of the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958,(55 of 1958). the period of one year shall be computed from the date of such commencement.] (3) The Joint Committee constituted under sub-section (1) may 1 [after consultation with the Central Government] make 2rules to provide for all or any of the following matters, namely:- (a) the routes for the performance of any journey; (b) the manner in which fractions of a day shall be dealt with for the purpose of determining the daily allowance admissible for that day ; (c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey 1[and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the Government or a local authority]; 3[(cc) the rate at which road mileage shall be paid under sub-clause (ii) of clause (c) of sub-section (1) of section 4 ;] ---------------------------------------------------------------------- 1. Ins. by Act 55 of 1958. s. 8. 2. For the Housing and Telephone Facilities (Members of Parliament) Rules 1956, see Gazette of India, 1956, Extraordinary, Part II, Sec. 3, pp. 867-870. 3. Ins. by Act 61 of 1982 s.4 4. Ins. by Act 74 for 1985, s.7 5. Subs. by Act 60 of 1988, s.10 (w.e.f. 1-4-1988) ---------------------------------------------------------------------- 140F (d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence ; 1[(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service ; (ddd) the travelling and daily allowances admissible for .journeys performed by a member in the course of a tour outside India undertaken in connection with his duties as such member ;] (e) the form in which certificates, if any, shall be furnished by a member for the purpose of claiming any allowance under this Act; 2 [(ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act;] 6[(f) the constituency allowance and medical and other facilities mentioned in section 8 and the amount to be paid in cash in lieu of such facilities; (ff) the amount which may be paid by way of repayable advance for the Purchase of conveyance; the rate of interest thereon and the mode of recovery of such amount and interest thereon; and.] (g) generally for regulating the payment of 5[daily and travel allowances and pension] under this Act. (4) Any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the Chairman of the Council of States and the Speaker of the House of the People and are published in the Official Gazette, and such publication of the rules shall be conclusive proof that they have been duly made. 10. [Validation of payment of certain travelling allowances.] Rep by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Sch,I. ---------------------------------------------------------------------- 1 Ins. by Act 55 of 1958, s.8 2 Ins. by Act 105 of 1976, s.8 (w.e.f. 9-9-1976) 3. Subs. by Act 48 of 1975, s.3 for cl. (f) (w.e.f. 16-8-1975) 4. For the Housing and Telephone Facilities (Members of Parliament) Rules, 1956, see Gazette of India. 1956 Extraordinary, Part II, Sec. 3 pp. 867-870. 5. Subs. by Act 105 of 1976, s.8, for "daily and travilling allowances "(w.e.f. 9-9-1976) 6. Subs. by Act 74 of 1985, s.8. -----------------------------------------------------------------------
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