Governors (Emoluments, Allowances and Privileges) Act,1982
Act No : 43
Section : SHORT TITLE, EXTENT AND COMMENCEMENT
GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) ACT, 1982
43 of 1982
28th August, 1982
STATEMENT OF OBJECTS AND REASONS Clause (3)
of Article 158 of the Constitution provides that a Governor shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule to the Constitution. Under this Schedule the-Governor is entitled to emoluments of rupees 5,500 per mensem, whilst the allowances and privileges of the Governor are to be the same as those admissible to the Governors of the corresponding provinces before the commencement of the Constitution. 2, In the absence of any law enacted by Parliament, the allowances and privileges of the Governors were first regulated under the Government of India (Governors' Allowances and Privileges) Order (hereinafer referred to as GAP Order) 1950, made on the 10th January, 1950. Thereafter, similar orders were issued from time to time in the wake of the reorganisation of States.
3. These GAP Orders, in many respects have become obsolete and even anachronistic. Moreover, the GAP Order of 1950, which relates to the States of Uttar Pradesh, West Bengal, Bihar, Orissa and Assam can be amended only through a legislation by Parliament, as it had been issued before the commencement of the Constitution, The Bill seeks to replace the existing GAP Orders by a comprehensive legislation as envisaged in clause (3) of Article 158 of the Constitution. This would enable the refixation of the ceilings on expenditure on Raj Bhavans keeping in view the necessity to maintain the dignity of the office of the Governor and at the same time, to make them more realistic in the light of the present day situation. It may also be mentioned that over the years in several cases, on account of the increase in prices, it had become impossible to restrict the expenditure within the limits prescribed under the GAP Orders, particularly those of 1950 and 1957, and additional expenditure had, therefore, to be incurred on the Raj Bhavans. Further, the GAP Orders did not provide for expenditure on medical treatment of the Governors and additional expediture had also to be incurred on this ground also. The President had, therefore, to issue orders for regularising such additional expenditure. It is proposed to avail of the present opportunity to include a suitable validating provision. Act No. 1 of 1994-
Section 3of the Governors (Emoluments. Allowances and Privileges) Act, 1982 (43 of 1982) provides that there shall be paid to every Governor emoluments at the rate of Rs. 11,000/ - per mensem. Clause (a) of the proviso of this section also provides that if a Governor, at the time of his appointment, is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the Government of India or any of its precedessor Governments or under the Government of a State or any of its predecessor Governments, his emoluments shall be reduced,-
(i) by the amount of that pension: and
(ii) if he has, before such-appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension; and
(iii) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.
2. The Government of India in the Ministry of Personnel, Public Grievances and Pensions have issued orders to the effect that the pension equivalent of gratuity may not be deducted while fixing the pay of re-employed pensioners. The Ministry of Finance have also issued orders that the pension equivalent of gratuity will not be taken into account while fixing the initial pay of retired Judges of the High Courts and Supreme Court appointed to Committees or on Commissions. These orders have been made effective from the 1st June, 1988.
3. The Bill seeks to amend the Governors (Emoluments. Allowances and Privileges) Act, 1982 to allow the benefit of not deducting pension equivalent of gratuity from the emoluments payable to Governors. According to the amendments proposed in the Bill, Governors who had received retirement gratuity in respect of previous service would be benefited.
4. The Bill seeks to achieve the above object. -See Gaz. of India, 3-3-1992, Pt. II, S. 2, Ext., P.8. (No. 8)
An Act to determine the emoluments, allowances and privileges of Governors Be it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Governors (Emoluments, Allowances and Privileges) Act, 1982.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
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