The Salary And Allowances Of Leaders Of Opposition In Parliament Act, 1977

The Salary And Allowances Of Leaders Of Opposition In Parliament Act, 1977

[ACT No.33 OF 1977]

[18th August, 1977]

An Act to provide for the salary and allowances of Leaders of Opposition in Parliament.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows: –

 

2. Definition.

In this Act, Leader of the Opposition, in relation to either House of Parliament, means that member of the Council of States or the House of the People, 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 Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

Explanation.- Where there are two or more parties in opposition to the Government, in the Council of States or in the House of the People having the same numerical strength, the Chairman of the Council of States of the Speaker of the House of the People, as the case may be, shall, having regard to the status of the parties, recognised any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive.

3. Salary of Leaders of Opposition.

There shall be paid to each Leader of the Opposition a salary of two thousand, two hundred and fifty rupees per mensem.

4. Residence for Leaders of Opposition.

(1) Each Leader of the Opposition shall, so long as he continues as such Leader and for a period of one month immediately thereafter, be entitled without payment of rent to the use of a furnished residence and no charge shall fall on the Leader of the Opposition personally in respect of the maintenance of such residence.

(2) In the event of the death of a Leader of the Opposition, his family shall be entitled to the use of the furnished residence occupied by him –

(a) For a period of one month immediately after his death, without payment of rent and no charge shall fall on his family in respect of the maintenance of such residence; and

(b) For a further period of one months, on payment of rent at such rates as may be prescribed by rules made in this behalf by the Central Government 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. Travelling and daily allowances to Leaders of Opposition.

Subject to any rules made in this behalf by the Central Government, a Leader of the Opposition shall be entitled to –

(a) Travelling allowances for himself and the members of his family and for transport of his and his family’s effects -

(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

(b) Travelling and daily allowances in respect of tours under taken by him in the discharge of his duties as Leader of the Opposition, whether by sea, land or air.

6. Medical treatment, etc., to Leaders of Opposition.

Subject to any rules made in this behalf by the Central Government, a Leader of the Opposition 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.

7. Leaders of Opposition not to draw salary or allowances as Members of Parliament.

No Leader of the Opposition in receipt of a salary or allowances under this Act shall be effect to receive any sum out of funds provided by Parliament by way of salary or allowances in respect of his membership of either House of Parliament.

8. Amenities to Leaders of Opposition.

(1) Subject to any rules in this behalf by the Central Government, each Leader of the Opposition shall be entitled to telephone and secretarial facilities.

(2) Subject to any rules made in this behalf by the Central Government, each Leader of the Opposition shall be entitled to a conveyance allowances of three hundred rupees per month.

9. Notification respecting the date on which persons became or ceased to be Leaders of Opposition to be conclusive evidence thereof.

The date on which any person became or ceased to be a Leader of the Opposition shall be published in the Official Gazette, and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Leader of the Opposition on that date for all the purposes of this Act.

10. Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular , and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :–

(a) The rates at which rent shall be payment by the family of a deceased Leader of the Opposition to the use of the furnished residence occupied by him under clause (b) of sub-section (2) of section 4;

(b) The travelling and daily allowances admissible to a Leader of the Opposition under section 5;

(c) The medical treatment admissible to a Leader of the Opposition and the members of his family under section 6;

(d) The telephone and secretarial admissible to a Leader of the Opposition and the conditions subject to which he shall be entitled to conveyance allowances under section 8.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, 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.

11. Amendment of Act 30 of 1954.

In the Salary, Allowances and Pension of Members of Parliament Act, 1954, –

(i) In clause (b) of section 2, –

(a) In sub-clause (i), the word and at the end shall be omitted;

(b) after sub-clause (i), the following sub-clause shall be inserted, namely :–

(ii) A Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977; and;

(c) The existing sub-clause (ii) shall be re-numbered as sub-clause (iii);

(ii) In the Explanation to sub-section (1) of section 6, after the words and figures the Salaries and Allowances of Ministers Act, 1952,, the words and figures a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, shall be inserted;

(iii) In sub-section (4) of section 8A, –

(a) For the words an Officer of Parliament, the words as an officer of Parliament shall be substituted; and

(b) For the words , or both, the words and figures or as a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, or has served in all or any two of such capacities shall be substituted.

12. Amendment of Act 10 of 1959.

In the Parliament (Prevention of Disqualification) Act, 1959, in section 3, –

(i) After clause (a), the following clause shall be inserted, namely :–

(aa) The office of a Leader of the Opposition in Parliament;;

(ii) The Explanation at the end shall be numbered as Explanation 1, and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely :–

‘Explanation 2.- In clause (aa), the expression Leader of the Opposition shall have the meaning assigned to it in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.’

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