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Section 9 – Salary, Allowances and Pension of Members of Parliament Act,1954

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

Section 9. Power to make rules

(1) For the purpose of making rules under this section, there shall be constituted a Joint Committee of both Houses of Parliament consisting of five members from the Council of States nominated by the Chairman and ten members from the House of the People nominated by the Speaker.

(2) The Joint Committee constituted under sub-section (I) shall elect its Chairman and shall have power to regulate its procedure.

2[2A] A Member of the Joint Committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

Explanation.– In the case of a Member of a Joint Committee holding office as such immediately before the commencement of the Salaries and Allowances of Members of Parliament (Amendment) Act. 1958. the period of one year shall be computed from the date of such commencement.]

(3) The Joint Committee constituted under sub-section (1) may 3[after consultation with the Central Government] make rules’ to provide for all or any of the following matters, namely :-

(a) the routes for the performance of any journey;

(b) the manner in which fractions of a day shall be dealt with for purpose of determining the daily allowance admissible for that day;

(c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey 4[and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the Government or a local authority;]

“(cc) the rate at which road mileage shall be paid under sub-clause (ii) of clause (c) of sub-section (1) of section 4-;

(d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence;

(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service;

(ddd) the traveiling and daily allowances admissible for journeys performed by a member in the course of a lour outside India undertaken in connection with his duties as such member;

(e) the form in which certificates, if any, shall be furnished by a member for the purpose of claiming any allowance under this Act:

“(ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act.”

(f) the constituency allowance and medical and other facilities mentioned insections 8-and the amount to be paid in cash in lieu of such facilities;

(ff) the amount which may be paid by way of repayable advance for the purchase of conveyance; the rate of interest thereon and the mode of recovery of such amount and interest thereon; and.

(g) general for regulating the payment of 1[daily and travelling allowances and pension under this Act.

(4) Any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the Chairman of the Council of States and the Speaker of the House of the People and are published in the Official Gazette, and such publication of the rules shall be conclusive proof that they have been duly made,

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1. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act,1958 (LV of 1958). Section 8 (30-12-1958).

2. Inserted by the Salary, Allowances and Pension of Members of Parliament (Second Amendment) Act,1982(61 of 1982), section 4 (6-11-1982).

3. Inserted by the Salaries and Allowances of Members of Parliament (Amendment) Act,1976 (105 of 1976). Section 8(a) (9-9-1976).

4. Substituted by the Salaries, Allowances and Pension of Members of Parliament (Amendment) Act (74 of 1985). Section 8 (26-12-1985).

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

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