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Section 5 – Salary, Allowances and Pension of Members of Parliament Act,1954

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

Section 5. Travelling allowances for intermediate journeys

1[(1)] Where a member absents himself for less than fifteen days during a session of a House of Parliament or a sitting of a committee for visiting any place in India, he shall be entitled to receive travelling allowances in respect of such journey to such place and for the return journey-

(a) if the journey is performed by rail, equal to 2[one first class fare] for each such journey irrespective of the class in which the member actually travels;

(b) 3[if the journey, being a journey during the sitting of the Committee] is performed by air, equal to one fare by air, for each such journey:

Provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member undersection 3-for the days of absence of he had not. so remained absent.

4[Provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in India not more than once during a sitting of the Committee;]

5[(1A) Notwithstanding anything contained in sub-section (1), a member shall be entitled to receive travelling allowances in respect of every journey performed by air for visiting any place in India during the interval not exceeding 13[five days] between two sittings of a Department related Standing Committee when a House of Parliament is adjourned for a fixed period during the Budget Session :

Provided that such travelling allowances, excluding the air fare shall not exceed the total amount of daily allowances which would have been admissible to such member undersection 3-for the days of absence if he has not remained absent.]

6[(2) Every member shall be entitled to an amount equal to the fare by air for each single journey by air other than a journey referred to in section 4-or the second proviso to sub-section (1) of this section or section 6C- performed by him 7[8[“either alone or along with spouse or any number of companions or relatives,”] from any place in India to any other place in India during his term of office as such member :

9[Provided that the total number of such journey under this subsection shall be thirty-four journeys per year]

11[“Provided further that where the number of journeys performed by any member by air is 10[less than thirty-four], then, such number of journeys not performed by him shall be carried over to the following year.”]

Explanation 1.- The provisions of clause (c) of sub-section (1) and sub-section (2) of section 4-shall, so far as may be apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section.

Explanation II.- For the purposes of this section, “year” means,- (i) in the case of a person who is a member at the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act,1985, the year beginning with such commencement and each of the subsequent years; (ii) in the case of a person who becomes a member after such commencement, the year beginning with the date on which his term of office as such member commences and each of the subsequent years. ]

Explanation III.- For the purposes of sub-section (2), any journey performed by 12[“spouse, companions or relatives shall be added in computing the limit of 14[thirty-four journeys specified in the proviso to that sub-section”]]

15[Provided also that in case any member avails a total number of journeys by air more than thirty-four, such journeys permissible to him in the year, he may be allowed to adjust not exceeding eight such journey s from the entitled number of journeys which may accrue in his credit in the next following year.]

16[(3) Notwithstanding anything contained in sub-section (2), there shall be paid to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and therefore cannot perform air or train journey, road mileage for the entire road journey.]

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1. Section 5 renumbered as sub-section (1) thereof by the Salaries and Allowances of Members of Parliament (Amendment) Act,1976 (105 of 1976), section 5 (9-9-1976).

2. Substituted for “one second class fare” by the Salaries and Allowances of Members of Parliament (Amendment) Act,1955 (9 of 1955), section 2 (1-4-1955).

3. Substituted for the words “if the journey”, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993) (74 of 1985), section 3 (26-12-1985).

4. Substituted for second proviso and Explanations, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

5. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act. 1955 (18 of 1955) S.2 (I-4-1995), section 2.

6. Substituted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993).

7. Inserted, the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993) (3 of 1993), section 2 (5-1-1993).

8. Substituted for the word “sixteen,” the words “one hundred and fifty rupees” by the Salary, Allowances and Pension of Members of Parliament (Amendment)Act (48 of 1993), section 2 (9-6-1993),

9. Substituted by Act No. 40 of 2006 w.e.f. 12-9-2006.

10. The Words “less than thirty two” Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

11. Substituted for “[either alone or along with companion or spouse,] “, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act,1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22,1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March,1999, pp. 1-3, No. 21

12. Substituted for “the companion or the spouse shall be added in computing the limit of twenty-eight journeys specified in the proviso to that sub-section.”, vide The Salary, Allowances and Pension of Members of Parliament (Amendment) Act,1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22,1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March,1999, pp. 1-3, No. 21

13. The Words “seven days” subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

14. Subs. by Act No. 40 of 2006 w.e.f. 12-9-2006.

15. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

16. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

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