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Preamble – Salary, Allowances and Pension of Members of Parliament Act,1954

Salary, Allowances and Pension of Members of Parliament Act,1954

Preamble

[Act No. 30 of 1954]

STATEMENT OF OBJECTS AND REASONS

I

“Under article 106 of the Constitution Members of Parliament are entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made. allowances at such rates and upon such conditions as were immediately before the commencement of the Constitution applicable in the case of Members of the Constituent Assembly.

Parliament has not enacted any law so far with the result that Members have continued to receive allowances at rates which applied to the Members of the Constituent Assembly despite certain changes which have since occurred in the classification of accommodation on railways. This Bill seeks to establish the basis on which salary and allowances should be drawn by Members of Parliament.”-Gaz. of Ind.,1954,dt. 8-5-1954, Pt. II, section 2. Extra., p. 287.

II

Amending Act 25 of 1969.– On the 26th April,1968, during discussion of the Salaries and Allowances of Members of Parliament (Amendment) Bill,1967, by Shri Pannalal Barupal, the Minister of Parliamentary Affairs suggested that the question as to what concessions and facilities might be given to members of Parliament might be gone into by a Committee. Thereupon the Bill was withdrawn by leave of the House.

2. On 14th May,1968 members were nominated by the Speaker of Lok Sabha and Chairman of Rajya Sabha to the Joint Committee of the Houses of Parliament to go into the question of providing further amenities and facilities to members of Parliament. This Committee made certain recommendations in this regard in its report which was presented to Lok Sabha on 7th August,1968.

3. The recommendations of this Committee, unanimous as well as majority, are sought to be implemented through this Bill.-Gaz. of India,16-5-1969, Pt. II, section 2, Ext., p. 486.

III

Amending Act 29 of 1972.– “The main object of the Bill is to enable the Members of Parliament representing the Union Territory of the Andaman and Nicobar Islands and the Union Territory of Laccadive, Minicoy and Amindivi Islands to the facility of a free non-transferable pass which would entitle them to travel at any time by the highest class by steamer to and any part of his constituency and any other part of his constituency or the nearest port in the mainland of India.

2. The other amendments proposed in the Bill are either consequential or verbal in nature.”-Gaz. of Ind.,20-12- 1971, Pt. II, section 2, Extra, p. 1 173.

IV

Amending Act 65 of 1974.– The object of the Bill is to amend the Salaries and Allowances of Members of Parliament Act,1954 with a view to entitling the Members of Parliament to draw road mileage allowance at the rate of one rupee per kilometer instead of thirty-two paise per kilometer, as at present, keeping in view the steep increase in the price of petrol, oil and lubricants.

The above amendment is being made to give effect to the recommendation made by the Joint Committee on Salaries and Allowances of Members of Parliament.-Gaz. of India,19-12-1974, Pt. II-S. 2, Ext., p. 1206.

V

Amending Act 48 of 1975.– The Bill seeks to amend the Salaries and Allowances of Members of Parliament Act,1954, with a view to entitling the Members of Parliament to receive such water electricity, constituency and Secretarial facilities, of such amount in cash in lieu thereof, and also such amount in cash in lieu of housing and postal facilities, as may be specified by the rules, so as to enable them to discharge their duties more efficiently as representatives of the people.

The above amendment is mainly based on the recomm endations made b y the Joint Committee on Salaries and Allowances of Members of Parliament.-Gaz. of India, 6-8-1978, Pt. II, section 2, Ext., p. 676.

VI

Amending Act 105 of 1976.– The object of the Bill is to amend the Salaries and Allowances of Members of Parliament Act,1954 with a view to entitling Members of Parliament to-

(a) free air travel facility when the usual place of residence of a member is inaccessible by road or rail or steamer due to climatic conditions;

(b) salaries and allowances, etc., from the date of taking oath; and

(c) undertake unutilise intermediate air journeys in subsequent sessions.

Provision is also being made entitling ex-members of Parliament to pension.

2. The above amendments are being made in the light of the recommendations made by the Joint Committee on Salaries and Allowances of Members of Parliament.-Gaz. of India, 31-8-1976. Pt. II, section 2, Ext., p. 1358.

VII

Amending Act 27 of 1979.– In pursuance of a recommendation of the Joint Committee on Salaries and Allowances of Members of Parliament, it is proposed to amend the Salary, Allowances and Pension of Members of Parliament Act,1954 in order to allow a blind Member the facility of an attendant while performing journeys by air and also to extend the same facility to a Member who is so incapacitated physically as to require the assistance of an attendant.

2. This Bill seeks to give effect to the above objects.- Gaz. of India, 30-3-1979, Pt. II, section 2. Ext.. p. 380.

VIII

Amending Act 61 of 1982.– Keeping in view the recommendations of Joint Committee on Salaries and Allowances of Members of Parliament and the demand made by the Members on the floor of the House, it is proposed to amend the Salary, Allowances and Pension of Members of Parliament Act,1954. with a view to provide the following additional facilities to the Members of Parliament :-

(i) Increase in the rate of Road Mileage.

(ii) One free First Class Railway Pass for one person to accompany the Member when he travels by rail instead of the lowest class now admissible.

(iii) Free air travel facility to the spouse, if any, of the Member from the usual place of residence of the Member to Delhi and back, once during every session.

2. The Bill seeks to achieve the above objects.-Gaz. of India,2-11-1982, Pt. II, section 2, Ext., p. 3.

IX

Amending Act 22 of 1983.-According to section 3 of the Salary, Allowances and Pension of Members of Parliament Act,1954 a member is entitled to receive salary at the rate of Rs. 500 per menses. This rate was fixed by an amendment made in 1964. According to the same section, a member is entitled to an allowance at the rate of Rs. 51 for each day during any period of residence on duty and this rate was fixed by an amendment made in the principal Act in 1969. The emoluments of members at these rates have become highly inadequate in relation to the high cost of living.

2. The Joint Committee on Salaries and Allowances of Members of Parliament had recommended that the salary of members may be raised from Rs. 500 to Rs. 750 per month and that their daily allowance may be raised from Rs. 51 to Rs. 101 per day. It is proposed that while the salary may be raised as recommended by the Joint Committee, the rate of daily allowance must be revised so as to be Rs. 75 for each day during any period of residence on duty.

3. The Bill seeks to give effect to the above objects.-Gaz. of India,26-8-1983, Pt. II, section 2, Ext., p. 2.

Prefatory Note Statement of Objects and Reasons.

The Joint Committee on Salaries and Allowances of Members of Parliament have from time to time, made several recommendations for enhancing facilities to the Members of Parliament. Separately, a decision was taken to allow
the fo rmer Members of the l2th Lok Sabha to utilize the balance of one lakh free local calls which had become available to them in a year during the period from the dissolution of the l2th Lok Sabha on 26th April,1999 to 10th October,1999, the date on which 13th Lok Sabha was constituted. This facility is proposed to be extended in future also, whenever, the Lok Sabha is prematurely dissolved. After considering the recommendations of the Joint Committee and also the other requests received from the Members of Parliament for enhancing the existing facilities, it has been proposed in the Bill to extend the following facilities to the Members of Parliament, namely:

(i) the spouse of a Member may be allowed to travel alone either by rail in AC first class or executive class or by air or partly by rail and partly by air from the usual place of residence of the Member to Delhi and back once during every session and twice in the budget session resulting in eight such single journeys in all in a year;

(ii) a Member having no spouse may be allowed to take with him any other person in place of the spouse in first class AC or executive class during rail travel and this will be in addition to the companion already allowed in AC-II tier;

(iii) the road mileage admissible to a Member of Parliament for travel between places connected by rail or steamer will be restricted to the mileage allowance otherwise admissible for travel by rail or steamer and such road mileage may by allowed between places not connected by express or mail or super fast trains;

(iv) a Member may be paid road mileage in respect of journeys undertaken by his or her spouse, without being accompanied by such Member from the usual place of residence of the Member of Parliament to the nearest airport, railway station or port and back eight times in all in a year in respect of the journeys referred to in (i) above;

(v) a blind and a physically incapacitated Member may be allowed the facility of taking an attendant in rail travel in the same class in which he travels in lieu of the facility of a companion in AC-II tier;

(vi) the Members of the prematurely dissolved Lok Sabha may be allowed to avail of the unutilised quota of one lakh free local telephone calls,25,000 units of electricity and 2000 kiloliters of water available to them in a year during the period from the date of dissolution till the constitution of the new Lok Sabha. A Member re-elected to the new Lok Sabha may be allowed the adjustment of the excess telephone calls, units of electricity and water after availing the above unutilised quota against the quota of free telephone calls, free units of electricity and water which become available to him or her for one year from the date of the constitution of the new Lok Sabha. This will be effective from 26th April,1999, i.e., the date of dissolution of the l2th Lok Sabha.

2. The Bill seeks to achieve the above objects.

An Act to provide for the 1[Salary and allowances and pension] of Members of Parliament. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows :-

——————–

1. Substituted for the words “Salaries and Allowances” by the Salaries and Allowances of Members of Parliament (Amendment) Act,1976 (105 of 1976), section 2 (9-9-1976).

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