Bare ActsThe TRAVANCORE-COCHIN PAYMENT OF SALARIES AND ALLOWANCES ACT, 1951

Section 7

Travelling allowances of Ministers etc

Amendment status not verified — confirm the current text below against the official source.

Travelling allowances of Ministers etc.— (1) Each Minister shall be entitled,1[in respect of his journey to Trivandrum from his usual place of residence for assuming office as Minister and in respect of his journey from Trivandrum to his usual place of residence outside Trivandrum on relinquishing office, and in respect of tours undertaken by him on public business], to2[travelling allowances, incidental expenses and daily allowances] at the rates specified in the Schedule and upon such conditions as may be specified by rules made by the Government: 3[Provided that where a Minister, while on tour, is allowed free board and lodging at the expense of the Government of India or the Government of any State, he shall be entitled, for the days on which he is allowed such free board and lodging, to draw only one-half of the daily allowance admissible to him at the station concerned:] 4[Provided further that a Minister shall not be entitled to any travelling allowance for journeys performed in any Government conveyance other than that provided under sub-section (1) of section 6.] (2) Travelling allowances of the Speaker and the Deputy Speaker.- The Speaker and the Deputy Speaker shall be entitled to5[travelling allowances, incidental expenses and daily allowances] at the rates specified in the Schedule and upon such conditions as may be specified by rules made by the Government: 6[Provided that where the Speaker7[or the Deputy Speaker], while on tour, is allowed free board and lodging at the expense of the Government of India or the Government of any State, he shall be entitled, for the days on which he is allowed such free board and lodging, to draw only one-half of the daily allowance admissible to him at the station concerned:] 8[Provided further that the Speaker9[or the Deputy Speaker] shall not be entitled to any travelling allowance for journeys performed in any Government conveyance other than that provided under sub-section (1) of section 6.] 10[(3) Travelling Allowance of the Leader of the Opposition11[and the Chief Whip].-The 12[Leader of the Opposition and Chief Whip shall be, entitled in respect of tours undertaken by them] on public business, to13[travelling allowances, incidental expenses and daily allowances] at the rates specified in the Schedule, upon such conditions as may be specified by rules made by the Government: Provided that the Leader of the Opposition14[or the Chief Whip] shall not be entitled to any travelling allowance for journeys performed in any Government conveyance other than that provided under sub-section (1) of section 6. (4) The Ministers, the Speaker, the Deputy Speaker15[, the Leader of the Opposition and the Chief Whip] shall not be entitled to any16[travelling allowances, incidental expenses and daily allowances] for journeys performed within the City of Trivandrum and a radius of eight kilometers thereof.] 17[7A. xxxx.] 1 Substituted by Act 2 of 1968. 2 Substituted by Act 25 of 2008. 3 Added by Act V of 1956. 4 Substituted by Act 22 of 1977. 5 Substituted by Act 25 of 2008. 6 Added by Act V of 1956. 7 Inserted by Act 9 of 1992. 8 Added by Act 22 of 1977. 9 Inserted by Act 9 of 1992. 10 Inserted by Act 22 of 1977. 11 Inserted by Act 2 of 2008. 12 Substituted by Act 2 of 2008. 13 Substituted by Act 25 of 2008. 14 Inserted by Act 2 of 2008. 15 Substituted by Act 2 of 2008. 16 Substituted by Act 25 of 2008. 17 Omitted by Act 9 of 1992. 1[7B. Medical facilities to members of the Legislative Assembly .- Subject to such rules as may be made in this behalf, every member of the Legislative Assembly who does not hold any of the offices referred to in section 5A and the members of his family shall be entitled to medical treatment and medical attendance and to all other benefits in connection therewith to the same extent as a person holding any of the offices referred to in the said section and the members of his family are respectively entitled to under that section. Explanation.- For the purposes of this section, ‘member of family' means the wife or husband, children including adopted children and step children, and parents wholly dependent upon the member of the Legislative Assembly.] 2[8. Allowances of the members of the Legislative Assembly.-(1) Every member of the Legislative Assembly who does not hold any of the offices referred to in Sections 3 and 4 3[shall, subject to the other provisions of this Act, be entitled] to receive:- (a) a fixed allowance of4[two thousand rupees] per mensem;5[xxxx] 6[(aa)7[a constituency allowance of8[rupees twenty five thousand] per mensem for meeting his expenditure for the performance of his duties as such member in his Assembly constituency;9[xxxx]] (b) travelling and daily allowances, at the rates specified in the Schedule and upon such conditions as may be specified by rules made by the Government, for attending meetings of the Legislative Assembly or of any Committee thereof10[xxxx]11[and travelling allowances for his return journey to his usual place of residence on ceasing to be a member.] 12[Provided that the travelling allowance which a member is entitled to receive under this clause for journeys inside the State of Kerala shall not be less than13[twenty thousand rupees] per mensem;] 14[xxxx] 15[xxxx] 16[(c) xxxx;] (2) The fixed allowance referred to 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 the17[Governor of Kerala] to fill a seat in the Legislative Assembly, from the date on which he is nominated, or if such declaration or nomination is made before the vacancy occurs, from the date of occurrence of the vacancy: Provided that fixed allowance shall not be paid until the member has made and subscribed the oath or affirmation prescribed by Article 188 read with Article 238 of the Constitution of India. 1 Substituted by Act 16 of 1981. 2 Substituted by Act XIV of 1952. 3 Substituted by Act 27 of 1972. 4 Substituted by Act 8 of 2018. 5 Omitted by Act 27 of 1972. 6 Inserted by Act 27 of 1972. 7 Substituted by Act 25/1999. 8 Substituted by Act 8 of 2018. 9 Omitted by Act 17 of 1979. 10 Omitted by Act 27 of 1972. 11 Inserted by Act 2 of 1968. 12 Added by Act 2 of 1982. 13 Substituted by Act 8 of 2018. 14 Omitted by Act 4 of 1997. 15 Omitted by Act 5 of 1980. 16 Omitted by Act 2 of 1982. 17 Substituted by The Kerala Adaptation of Laws Order, 1956 1[(3) The consolidated sum2[xxxx] referred to in clause (aa) of sub-section (1) shall accrue to a member from the date on which he makes and subscribes the oath or affirmation prescribed by Article 188 of the Constitution of India: Provided that in the case of a person who is a member of the Legislative Assembly at the commencement of the Payment of Salaries and Allowances (Amendment) Act, 1972, such sum shall accrue from the date of such commencement. (4) Every member of the Legislative Assembly other than the Speaker, the Deputy Speaker3[the Leader of the Opposition]4[, the Chief Whip] and the Ministers shall be entitled to receive travelling and daily allowances for attending meetings of any Committee or Board constituted by the Government at the rates applicable to the members of that Committee or Board, as the case may be.] 5[8A. Amenities.—(1) Every member of the Legislative Assembly (other than6[the Speaker, the Deputy Speaker, the Leader of the Opposition and the Ministers]) shall be entitled to such concessions in the matter of occupation of rest houses and tourist bungalows belonging to the Government as may be allowed by rules made under section 10. (2) All concessions in the matter of occupation of rest houses and tourist bungalows belonging to the Government, allowed to members of the Legislative Assembly, other than the Speaker and the Ministers, and enjoyed by them at the commencement of the Payment of Salaries and Allowances (Amendment) Act, 1972, shall, until rules in this behalf are made, be deemed to have been allowed in accordance with the provisions of sub-section (1). 7[(3) Every member of the Legislative Assembly other than the Speaker, the Deputy Speaker, the Leader of the Opposition and the Ministers shall be provided with one telephone at his usual place of residence (which may be specified by the member) for the term of his office and for a period of fifteen days immediately thereafter: Provided that the place specified by the member shall be within the area of operation of an existing telephone exchange. (4) Subject to such rules as may be made in this behalf, charges in respect of the installation and rental of the telephone provided in pursuance of sub-section (3) shall be paid by the Government. (5) Every member referred to in sub-section (3) shall be entitled to a telephone allowance of8[eleven thousand rupees] per mensem for meeting the charges in respect of such telephone other than the charges referred to in sub-section (4):] 9[Provided that after the commencement of the Payment of Salaries and Allowances (Amendment) Act, 1994, it shall be lawful for the Government to enhance, by order, from time to time, the aforesaid allowance proportionate to the periodical increase in charges in respect of telephone made by the Central Government.] 10[(5A) Every member referred to in sub-section (3) shall be entitled to an information allowance of11[four thousand rupees] per mensem and a sumptuary allowance of12[rupees eight thousand] per mensem. 1 Inserted by Act 27 of 1972. 2 Omitted by Act 33 of 1989. 3 Inserted by Act 22 of 1977. 4 Inserted by Act 2 of 1982. 5 Inserted by Act 27 of 1972. 6 Substituted by Act 22 of 1977. 7 Substituted by Act 17 of 1979. 8 Substituted by Act 8 of 2018. 9 Inserted by Act 11 of 1994. 10 Inserted by Act 4 of 2012. 11 Substituted by Act 8 of 2018. 12 Substituted by Act 8 of 2018. (5B) Subject to such rules as may be made in this behalf, an amount of rupees1[twenty thousand] per mensem shall be paid directly by the Legislature Secretariat to each of the two staff of every member referred to in sub-section (3) as staff allowance.] 2[(6) Subject to such rules as may be made in this behalf every member referred to in sub-section (1) shall be entitled to the services of an Officer of his choice3[below the rank equivalent to an Under Secretary to the Government and] who is in the service of the Government or a local authority or any Corporation owned or controlled by the Government or any other authority specified by the Government in this behalf to assist him in the performance of his duties as such member: 4[Provided that such an officer may be allowed to continue in the service of the member even after his promotion to the rank equivalent to an Under Secretary to Government and above.] 5[8B. Vehicle advance and house building advance.—Subject to such rules as may be made in this behalf, every member,6[of the Legislative Assembly including] the Speaker, the Deputy Speaker, the Leader of Opposition, the Chief Whip and the Ministers shall be entitled to avail interest free vehicle advance up to rupees 7[ten lakhs] and house building advance up to rupees8[twenty lakhs] at a reduced rate of interest.] 9[8C. Reimbursement of amount incurred in connection with purchase of books.—Subject to such rules as may be made in this behalf, every member of the Legislative Assembly including the Speaker, the Deputy Speaker, the Leader of Opposition, the Chief Whip and the Ministers shall be entitled to get the expenditure incurred in connection with purchase of books reimbursed subject to a maximum of rupees fifteen thousand every financial year.] 10[9. Free transit by public conveyances of State Road Transport Corporation.—(1) Every member of the Legislative Assembly11[other than the Speaker,12[the Deputy Speaker, the Leader of the Opposition13[, the Chief Whip] and the Ministers]] shall be provided with one free non-transferable pass which shall entitle him to travel at any time by road in any public conveyance belonging to the Kerala State Road Transport Corporation, but nothing contained in this section shall affect the payment of any travelling allowance or daily allowance payable to a member of the Legislative Assembly under any other provision of this Act. 14[(2) A free pass issued to a member under sub-section (1) shall be valid for the term of his office, and on the expiration of such term, the pass shall be surrendered to the Secretary to the Legislative Assembly.] 15[(3) xxxx]] 16[17[9A. Free Transit Coupons for Members of the Legislative Assembly.—(1) Subject to such rules as may be made in this behalf, every member of the Legislative Assembly, other than the Speaker, the Deputy Speaker, the Leader of Opposition, the Chief Whip and the Ministers shall, at the option of such member, be provided with all or any of the following free transit coupons of aggregate value of18[two lakhs rupees] for a period of twelve calendar months, 1 Substituted by Act 4 of 2017. 2 Inserted by Act 26 of 1991. 3 Substituted by Act 3 of 2012 4 Inserted by Act 3 of 2012. 5 Inserted by Act 4 of 2012. 6 Substituted by Act 8 of 2018. 7 Substituted by Act 4 of 2017 8 Substituted by Act 4 of 2017. 9 Inserted by Act 12 of 2013. 10 Inserted by Act 2 of 1968. 11 Substituted by Act 27 of 1972. 12 Substituted by Act 22 of 1977. 13 Inserted by Act 2 of 1982. 14 Substituted by Act 27 of 1972. 15 Omitted by Act 17 of 1979. 16 Inserted by Act 27 of 1972. 17 Substituted Act 13 of 2003. 18 Substituted by Act 4 of 2012. namely:— (i) rail travel coupons for travel by such member by rail ; and (ii) fuel coupons for the purchase of fuel for the travel of such member in a private vehicle: Provided that it shall be lawful for the Government to enhance, by order, from time to time, the aforesaid amount of free transit coupons1[considering the periodical increase in rail charges or hike in the price of petrol/diesel.]] 2[(2) Subject to such rules as may be made in this behalf, every member shall be entitled to utilise such rail travel coupons for the travel by such member and3[his or her spouse and one companion by any class] by any railway in India.] 4[(3) xxxx] 5[9B. Deduction of Government dues from allowances payable to members of Legislative Assembly.- Any amount payable to the Government by any member of the Legislative Assembly who does not hold any of the offices referred to in sections 3 and 4, in his capacity as such member, may, if such amount is not paid within the time or on or before the date fixed for its payment, be deducted from the fixed allowance or the travelling and daily allowance which he is entitled to receive under section 8, in accordance with such rules as may be made by the Government in this behalf.] 6[9C. Rights of Leader of Opposition and Chief Whip to opt for allowances etc. of Members of Legislative Assembly.—Notwithstanding anything contained in this Act, the Leader of the Opposition or the Chief Whip may, by letter addressed to the Speaker opt to receive the facilities, allowances, amenities and other benefits to which a Member of the Legislative Assembly is entitled under sections 7B, 8, 8A, 9 and 9A and the rules made under this Act, instead of the salary, allowances, amenities, facilities and other benefits to which he is entitled under this Act and the rules made thereunder as Leader of Opposition or the Chief Whip as the case may be, and thereupon, he shall be entitled to the facilities, allowances, amenities and other benefits to which a Member of the Legislative Assembly is entitled under the said sections and the rules made under this Act.

Section 7 – The TRAVANCORE-COCHIN PAYMENT OF SALARIES AND ALLOWANCES ACT, 1951 | DailyLaw.ai