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Section 2 – Salary, Allowances and Pension of Members of Parliament Act,1954

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

Section 2. Definitions

In this Act,-

(a) “committee” means a Committee of either House of Parliament, and includes a Joint Committee of both Houses;

(b) ‘member,’ means a member of either House of Parliament, 1[but, save as otherwise expressly provided in this Act, does not include.]-

(i) a Minister as defined in the Salaries and Allowances of Ministers Act,1952: 2[* * *]

3[(ii) a Leader of the Opposition as defined in the Salary and Allowances of Opposition in Parliament Act,1977: and.]

4[(iii)] an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act,1953:

(c) “new member” means a member who takes his seat in either House of Parliament after the commencement of this Act and includes a member who is elected or denominated;

(d) “period of residence on duty,” means the period during which a member resides at a place where a session of a House of Parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business, and includes-

(i) in the case of session of a House of Parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately succeeding the date on which the House of Parliament is adjourned sine die or for a period exceeding seven days, and

(ii) in the case of a sitting of a committee or any other business a period of such residence, not exceeding two days, immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business;

Explanation.- A member who ordinarily resides at a place where a session of a House of Parliament or a sitting of a Committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business (including the three or two days immediately preceding or succeeding), be deemed to reside at such place for the purpose of attending such session or sitting or, as the case may be, for the purpose of attending to such other business;

(e) “term of office” means,-

(a) in relation to a person who is a member at the commencement of this Act, the period beginning with such commencement and ending with the date on which his seal becomes vacant;

5[(b) in relation to a new member,-

(i) where such new member is a member of the Council of States elected in a biennial election. or nominated, to that House, the period beginning with the date of publication of the notification in the Official Gazette notifying his name undersection 71 of the Representation of the People Act,1951: or

(ii) where such new member is a member of the House of the People elected in a general election held for the purpose of constituting a new House of the People, the period beginning with the date of publication of the notification of the Election Commission undersection 73of the said Act; or

(iii) where such new member is a member of either House of Parliament elected in a bye- election to that House or a member nominated to the House of the People the period beginning with the date of his election referred to in section 67-A of the said Act or as the case may be the date of his nomination, and ending with in each such case, the date on which his seat becomes vacant.

——————–

1. Substitut ed for the words “but d oes not include” by the Salaries and Allowances of Members of Parliament (Amendment) Act,1958 (55 of 1958), section 2 (30-12-1958).

2. Word “and” omitted by Salary and Allowances of Leaders of Opposition in Parliament Act,1977 (33 of 1977). section 11(i)(a) (1-11-1977).

3. Renumbered and inserted Salary and Allowances of Leaders of Opposition in Parliament Act,1977 (33 of 1977). section 11(i)(a) (1-11-1977), section 11(i)(b) and 11(i)(c) (1-11-1977).

4. Substituted and deemed always to have been substituted for the words “end of the Session” by the Salaries and Allowances of Members of Parliament (Amendment) Act,1958 (55 of 1958), section 2 (w.r.e.f. 1-6-1954).

5. Substituted for the Salaries and Allowances of Members of Parliament (Amendment) Act,1976 (105 of 1976). section 4 (9-9-1976).

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

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