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SALARY, ALLOWANCES AND PENSION OF MEMBERSOF PARLIAMENT ACT 1954

ACT NO. 30 OF 1954

[22nd May, 1954.]

Short title and commencement.

1.Short title and commencement. (1) This Act may be called the 1[Salary, Allowances and Pension] of Members of Parliament Act, 1954.

(2) It shall come into force on the first day of June, 1954.

Definitions. 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, 2[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 (58 of 1952.); 3 * * * 4 [ (ii) a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of1977.); and]; 5 [ (iii) ] an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953; (20 of 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 re-elected or re-nominated; (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 --------------------------------------------------------------------- 1 Subs. by Act 105 of 1976, s. 2, for "salaries and allowances" (w.e.f. 9-9-1976). 2 Subs. by Act 55 of 1958, s. 2, for "but does not include". 3 Omitted by Act 33 of 1977, s. 11 (w.e.f. 1-11-1977). 4 Ins. by s. 11, ibid., (w.e.f. 1-11-1977). 5 Sub-clause (ii) re-numbered as sub-clause (iii) thereof by s.11, ibid. (w.e.f. 1-11-1977). --------------------------------------------------------------------- 136 or for the purpose of attending to such other business, and includes- (i) in the case of a 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 1 [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 seat becomes vacant; 2[ (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 under section 71 of the Representation of the People Act, 1951 (43 of 1951.); or (ii) where such new member is a member of the House of the People elected in a general election held for the ----------------------------------------------------------------------- 1 Subs. by Act 55 of 1958 s. 2, for "end of the session " (retrospectively). 2 Subs. by Act 105 of 1976, s. 4, for sub-cl. (b), (w.e.f. 9-9-1970). ---------------------------------------------------------------------- 137 purpose of constituting a new House of the People, the period beginning with the date of publication of the notification of the Election Commission under section 73 of 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 67A 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.]

Salarles and daily allowances. 3.Salarles and daily allowances. A member shall be entitled to receive a salary at the rate 10[One thousand and Five hundred rupees] per mensem during the whole of his term of office 2[and subject to any rules made under this Act] an allowance at the rate of 11[ Two hundred rupees] for each day during any period of residence on duty. 11[provided that no member shall be entitled to the aforesaid allowance unless he signs the register, maintained for this purpose by the Secretariat of the House of the People or, as the case may be, Council of States, on all the days (except intervening holidays for which no such signing is required) of the session of the House for which the allowance is claimed.]

Travelling allowances.

4.Travelling allowances. (1) There shall be paid to each member in respect of every journey performed by him 4[in India] for the purpose of attending a session of a House of Parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence- (a) if the journey is performed by rail an amount equal to 5[one first class fare] plus one 6[second class] fare for each such journey, irrespective of the class in which the member actually travels ; (b) if the journey is performed by air, an amount equal to one and one-fourth of the air fare for each such journey; (c) if the journey or any part thereof cannot be performed by rail or air- 7[(i) where the journey or any part thereof is per- formed by steamer, an amount equal to one and three- fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof, or, if there is no regular steamer service. such amount for each --------------------------------------------------------------------- 1 Subs. by Act 26 of 1964, s.2 for "four hundred rupees" (w.e.f. 1-6- 1964) 2 Subs. by Act 55 of 1958, s.3 for "plus" (retrospectively). 3 Subs. by Act 25 of 1969, s.2. for "thirty-one rupees" (w.e.f. 16-5- 1969) 4 Ins. by Act 55 of 1958, s.4 5 Subs. by Act 9 of 1955, s.2 "one second class fare" (w.e.f. 1-4- 1955) 6 Subs. by Act 61 of 1982, s.2 for "third class" 7 Subs by Act 55 of 1958, s.4 for the original sub-clause (i) (retrospectively) 8 Subs. by Act 22 of 1983, s.2 9 Subs. by Act 74 of 1985, s.2 10. Subs. by Act 60 of 1988, s.2 11 Subs. & ins by Act 48 of 1993, s.2 ------------------------------------------------------------------ 138 such journey or part thereof as may be prescribed by rules made under section 9 ;] (ii) where the journey or any part thereof is performed by road, a road mileage at the rate of 6[Five rupees per Kilometre] 5[Provided that where the spouse, if any, of a member performs such journey or part thereof by road unaccompanied by such member, the road mileage prescribed under this sab-clause shall be allowed to him for such journey or part thereof:] 6[Provided further that where a member performs journey by road in Delhi from and to an aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each such journey.] Explanation.-For the purposes of sub-clause (ii) of clause (c) this sub-section, the expression "journey" shall include the journey from and to the railway station, port or aerodrome to and from the usual place of residence of the member or as the case may be, the residence of the member at the place where the session of the House of Parliament or a meeting of the committee is to be held or where any other business is to be transacted.

(2) Notwithstanding anything contained in sub-section (1), a member who performs a journey by road between places connected by rail or steamer, either wholly or in part, may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section

(1) in place of, the travelling allowance which would have been admissible to him if he had travelled by rail or steamer, as the case may be Provided that the total amount of travelling allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him had he performed such journey by rail or by steamer, as the case may be.

2[ (3) There shall be paid to a member in respect of a journey performed by him in the course of a tour outside India undertaken in the discharge of his duties as such member, such travelling and daily allowances as may be prescribed by rules made under section 9.1

Travelling allowances for intermediate journeys.

5.Travelling allowances for intermediate journeys. 3[(1) I 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 4[one first class fare] for each such journey irrespective of the class in which the member actually travels; ---------------------------------------------------------------------- 1 Subs. by Act 61 of 1982, s. 2, for certain words. 2 Ins. by Act 55 of 1958, s. 4.

3 section 5 re-numbered as sub-section (1) of that section by Act 105 of 1976. s. 5 (w.e.f. 9-9-1976). 4 Subs. by Act 9 of 1955 , s.2 for "one second class fare" (w.e.f. 1-4-1955) 5 Ins by Act 60 of 1988 s.3 (w.e.f. 1-4-1988) 6 Subs. and ins by Act 48 of 1993, s.3 ----------------------------------------------------------------------- 138A (b) [if the journey, being a journey during a sitting of the committee]6 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 under section 3 for the days of absence if he had not so remained absent. 6[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.]

[(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 seven days between two sitting 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 under siction 3 for the days of absence if he had 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 from [either alone or along with companion or spouse,]8 any place in India to any other place in India during his term of office as such member: Provided that no member shall be entitled to any payment under this sub-section in respect of any journeys in excess of [twenty eight]8 performed by him during any year.

Explanation I.-The provisions of clause (c) of sub-section (1)

and of 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 com- mencement 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:]

8Explanation III.-- For the purposes of sub-section (2),any jurney performed by the companion or the spouse shall be added in computing the limit of twenty-eight journeys specified in the proviso to that sub-section.]

Free transit by railway.

3[6.Free transit by railway. (1) Every member shall be provided with one free non-transferable [air conditioned two tier]7 pass which shall entitle him to travel at any time by any railway in India. Explanation.-4[For the purposes of this sub-section and section 6A and 6B], a member shall include a Minister as defined in the Salaries and Allowances of Ministers Act, 1952(58 of 1952 5[a Leaders of Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 33 of 1977. and an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953 20 of 1953. other than the Chairman of the Council of States. ---------------------------------------------------------------------- 1 Subs by Act 25 of 1969, s.3, for the previous proviso. 2 Ins. by Act 105 of 1976 s.5 (w.e.f. 9-9-1976) 3 Subs. by Act 55 of 1958, s.5 for the original section. 4 Subs. by Act 29 of 1972, s.3 for certain words. 5 Ins. by Act 33 of 1977, s.11. (w.e.f. 1-11-1977). 6 Subs. by Act 74 of 1985, s.3 7 Subs. by Act 60 of 1988, s.4 (w.e.f. 1-4-1988) 8.Ins. & subs. by Act 3 of 1993, s.2 9.Ins. by Act 15 of 1995, S. 2 (w.e.f. 1-4-1995) ---------------------------------------------------------------------- 139

(2) A free railway pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary of the House of the People or the Council of States, as the case may be: Provided that where any such pass is issued to a new member before he takes his seat in either House of Parliament, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.

(3) Until a member is provided with a free railway pass under

sub-section (1), he shall be, and shall be deemed always to have been entitled to an amount equal to one 3[air conditioned two tier] fare

for any journey of the nature referred to in sub-section (1) of section 4 performed by him by rail.

(4) A member who on ceasing to be a member surrenders his pass shall, if he performs any return journey by rail of the nature

referred to in sub-section (1) of section 4, be entitled and be deemed always to have been entitled in respect of that journey to an amount equal to one [air conditioned two-tier]3 fare.

(5) Nothing in this section shall be construed as disentailing a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.] 4 6A[Without prejudice to the provisions of section 6, every member representing the Union territory of the Andaman and Nicobar Islands or the Union territory of Lakshadweep shall- (a) be provided with one free non-transferable pass which shall entitle him to travel at any time by the highest class by steamer to and from any part of his constituency and any other part of his constituency or the nearest part in the main land of India; and (b) be entitled to an amount equal to the fare by air from his usual place of residence to the nearest airport the main land of India 5[and back] Provided that nothing in this sub-section shall be construed as absolving the member from payment of any diet charges payable by him during such travel.

(2)A free steamer pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of his term, the pass shall be surrendered to the Secretary of the House of the People : Provided that where any such pass is issued to a new member before he takes his seat in the House of the People, he shall be entitled to use the pass for attending a session of that House for taking his seat therein. ---------------------------------------------------------------------- 1 Ins. by Act 29 of 1972. S. 4. 2 Subs. by the Laccadive Minicoy and Amindivi Islands (Alternation of Name), Adaptation of Laws Order, 1974 (w.e.f. 1-11-1973), 3 Subs. by Act 60 of 1988, s.4 (w.e.f. 1-4-1988) 4 Subs. by s.5, ibid (w.e.f. 1-4-1988) 5. Added by Act 30 of 1989, s.2. ---------------------------------------------------------------------- 140

(3) Until a member is provided with a free steamer pass under

sub-section (1), he shall be entitled to an amount equal to one fare (without diet) for the highest class for any journey of the nature

referred to in sub-section (1) of section 4 performed by him by steamer.

(4) A member who on ceasing to be a member surrenders the

steamer pass issued to him under sub-section (1) shall, if he performs any return journey by steamer of the nature referred to in sub-section

(1) of section 4, be entitled in respect of that journey to an amount equal to one fare (without diet) for the highest class.

(5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.

(6) In addition to [the facilities provided to a member]4 under

sub-section (1), he also be entitled- (i) to one free pass for one person to accompany the member and travel by the [highest class]4 by steamer to and fro any part of the constituency of the member and any other part of his constituency or the nearest port in the mainland of India; 4[or] (ii) to one free-non-transferable pass for the spouse, if any of the member to travel by the highest class by steamer to and the usual place of residence of the member in his constituency and the nearest port in the mainland of India, 4[(iii) To an amount equal to the fare by air either for the spouse, if any, of the member or for one person to accompany the member from the usual place of residence in the Island to the nearest airport of the main land of India [and back.]7 Provided that nothing in this sub-section shall be constructions absolving the person accompanying the member or the spouse of the member from payment of any diet charges payable by such person or spouse during such travel.]

5[6AA.Special facility to members from Ladakh. (1) Without prejudice to the provisions of section 6, every member who has his ordinary place of residence in the Ladakh area of the State of Jammu and Kashmir shall be entitled to an amount equal to the fare by air for each single journey by air performed by him from any airport in Ladakh to the airport in Delhi and back at any time.

(2) In addition to the air travel provided to a member under

sub-section (1), he shall also be entitled to an amount equal to the fare by air for each single journey by air-performed by the spouse, if any, of the member or one person to accompany such member, from any- airport in Ladakh area to the airport in Delhi and back at any time.] 1[2[6B.]Travel facilities to members. Without prejudice to the other provisions of this Act the member shall be entitled- (i) to travel by any railway in India at any time in first class air-conditioned on payment of the difference between the railway fares for first class air-conditioned [and air conditioned two-tier.]6 (ii) to one free air [conditioned two-tier]6 railway pass for one person to accompany the member when he travels by rail; and (iii) to one free non-transferable [air conditioned two-tier]6 railway pass for the spouse, if any, of the member to travel from the usual place of residence of the member to Delhi and back once during every session. --------------------------------------------------------------------- 1. Ins. by Act 25 of 1969, s. 5. 2. Re-numbered by Act 29 of 1972, S. 4. 3. Subs. by Act 61 of 1982, s. 3, for "third class". 4. Subs. & ins. by Act 60 of 1988, s.5 (w.e.f. 1-4-1988) 5.Ins. by s.6 ibid, (w.e.f.1-4-1988) 6. Subs. by s.7 ibid (w.e.f.1-4-1988) 7. Added by Act 30 of 1989, s.2 ---------------------------------------------------------------------- 140A 8["and if such journey or any part thereof is performed by air from any place other than the usual place of residence of the member, to Delhi and back to an amount equal to the fare by air for such journey or part thereof. Provided that where such journey or part thereof by such spouse is performed by air from any other place, the expenditure on such journey or part thereof shall not exceed the amount payable if the journey had been performed from the usual place of residence of the member to Delhi and back:] 8["Provided further that where a member travels by rail in first class air-conditioned and no person accompanies that member in that journey in air-conditioned two-tier by virtue of the free air- conditioned two-tier railway pass referred to in clause (ii) then in determining the amount payable by the member under clause (i) the amount of air-conditioned two-tier fare for such journey shall be adjusted against the difference referred to in that clause ; so however, that the member shall not be entitled to claim the balance of such air-conditioned two-tier fare left after such adjustment."] 4[6C.Air travel facilities in certain circunstances. Without prejudice to the other provisions of this Act, where during any part of a year the usual place of residence of a member in his constituency is inaccessible to or from any place outside his constituency by road, rail or steamer due to climatic conditions, but there is air service between any place in his constituency, and the nearest place, having rail service, outside his constituency, such member shall be entitled to travel to and fro by air from the nearest place in his constituency where there is air service to such place having rail service: Provided that where the nearest place having air service is outside his constituency, such member shall be entitled to travel to and fro by air only from such place to the nearest place having rail service.] 5 [6D.Special facility to blind and physically incapacitated members.A member who is blind or who is, 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, so incapacitated physically as to require the facility of an attendant shall, with respect to each such journey

by air as is referred to in clause (b) of sub-section (1) of section 4

or clause (b) of sub-section (1) or subsection (2) of section 5] or section 6C which he performs along with an attendant, be entitled (in addition to the allowances which he is entitled under section 4 or section 5 or, as the case may be, section 6C) to an amount equal to one fare by air for such journey.]

Allowances during short intervals between the adjournment of a Houseof Parliament and the re-Assembly of that House, etc. 7. Allowances during short intervals between the adjournment of a House of Parliament and the re-Assembly of that House, etc. 6[Where the interval between the adjournment of a House of Parliament or, as the case may be, one sitting of a committee and the re-assembly of that House or the next sitting of the committee at the same place] does not exceed seven days and the member concerned --------------------------------------------------------------------- 1 Ins. by Act 61 of 1982, s. 3. 2 Subs. by s. 3 ibid., for "third class". 3 Subs. by s. 3 ibid., for certain words. 4 Ins. by Act 105 of 1976, s. 6 (w.e.f. 9-9-1976). 5 Ins. by Act 27 of 1979, s, 2. 6 Ins. by Act 55 of 1958 s.6 for certain words (retrospectively) 7 Subs. by Act 74 of 1985, s.4 8 Subs. by Act 60 of 1988, s.7 (w.e.f. 1-4-1988) -------------------------------------------------------------------- 140B elects to remain at such place during the interval, he shall be entitled to draw for each day of residence at such place a daily allowances at the rate specified in section 3 : Provided that if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of a House of Parliament or a sitting of the committee, as the case may be, and the provisions of section 5 shall apply accordingly.

Constituency allowance and amenities. 6[8. Constituency allowance and amenities. A member shall be entitled to such constituency allowance, [office expense allowance]8 and to such medical facilities for himself and for members of his family and to such housing, telephone, water, electricity facilities or Such amount in cash in lieu of all or any of such facilities, as may be prescribed by rules under section 9.] 3[8A. Pension] 9["With effect from the commencement of the Salary,Allowances and Pension of Members of Parliament (Amendment) Act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not ."] (i)as a member of the Council of States, or (ii)as a member of the House of the People; or (iii) partly as a member of the Council of States and partly as member of the House of the People; or (iv) as a member of the Provisional Parliament; or (v) party as a member of the Provisional Parliament and- (a) partly as a member of the Council of States and partly as a member of the House of the People, or (b) partly as a member of the Council of States or partly as a member of the House of the People; 9[Provided that where any person has served as aforesaid for a period exceeding five years, there shall be paid to him an additional pension of two hundred and fifty rupees per mensem for every year in excess of five years: Provided further that where any person has served as a Member of the House of the People twice for its duration as provided in clause

(2) of article 83 of the Constitution, whether consecutively or not, and who is not entitled to any pension under the foregoing provisions of this sub-section, he shall, with effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem: Provided also that every person, who has served for any period as a member of the Provisional Parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall, with effect from the cornmencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem.] ---------------------------------------------------------------------- 1 Subs. by Act 55 of 1958 s.7, for "medical" 2.Subs. by Act 48 of 1975, s.2 for "and postal facilities"(w.e.f. 16-8-1975) 3.Ins. by Act 105 of 1976, s.7. 4.Ins. by Act 21 of 1981, s.2 5. Subs. by s.2 ibid. for "Provided that". 6.Subs. by Act 74 of 1985, s.5 7. Subs. omitted and added by s.6 ibid. 8. Ins. by Act 60 of 1988, s.8 (w.e.f. 1-4-1988) 9. Subs. by Act 48 of 1993, s.4 ----------------------------------------------------------------------- 140c

Explanation 1[(1)].-For the purpose of [this sub-section]1 "Provisional Parliament" shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution. 1[Explanation 2.-Where in any General Election held for the purpose of constituting a new House of the people, poll could not be taken in any parliamentary constituency or any part thereof on the date originally fixed under clause (d) of section 30 of the Representation of the people Act, 1951 on account of snow-falls or other weather conditions of an extreme nature in such constituency or part thereof or on account of such such constituency or part thereof being inaccessible for any reason, the member elected to such House from such constituency shall be deemed, for the purpose of this sub-section to have served as a member of such House from the date of publication, under section 73 of the said Act, of the notification relating to such House.] 2[(1A) With effect from the commencement of the Salary, Allowance and Pension of Members of Parliament. (Amendment) Act, 1988, there shall be paid a pension of five hundred rupees per mensem to the spouse, if any, or dependent of any member who dies during his term of office as such member, for a period of five years from the date of his death.]

(2) Where any person entitled to pension under sub-section

(1),- (i) is elected to the- office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or 1(ii) becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or Union territory or any Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966, (19 of 1966); or (iii) is employed on a salary under the Central Government or any State Government, or any corporation owned or controlled by the Central Government or any State Government, or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation or local authority. --------------------------------------------------------------------- 1. Renumbered and ins. by Act 74 of 1985, s.6 3. Ins. by Act 60 of 1988, s.9 (w.e.f. 1-4-1988). ---------------------------------------------------------------------- 140D

such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration : Provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remu- neration referred to in clause (iii) payable to such person, is, in either case, less than the pension payable to him under sub-section

(1), such person shall be entitled only to receive the balance as pension under that sub-section.

4["(3) where any person entitled to pension under sub-section (1) is also entitled to any other pension, such person shall be entitled

to receive the pension under subsection (1) in addition to such other pension.]

(4) In computing the number of years, for the purposes of sub-

section (1), the period during which a person has served as a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952) or 2[as an Officer of Parliament] as defined in the Salaries and Allowances of Officers of Parliament Act, 1953, (20 of 1953) (other than the Chairman of the Council of States 3[or as a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977,(33 of 1977), or has served in ----------------------------------------------------------------------- 1 Ins. by Act 35 of 1982,s. 2 2 Subs. by Act 33 of 1977, s. 11, for "an Officer of Parliament" (w.e.f. 1-11-1977). 3 Subs. by s. 11, ibid., for, "or both" (w.e.f. 1-11-1977). 4 Subs. by Act 48 of 1993, s.4 ----------------------------------------------------------------------- 140E all or any two of such, capacities] by virtue of his membership in the House of the People or in the Council of States shall also be taken into account.] 4["8B. Advances for purchase of conveyances. There may be paid. to a member by way of a repayable advance such sum of money not exceeding 5[Fifty thousand rupees] as may be determined by rules made in this behalf under section 9 for the purchase of a conveyance"]

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 (1) shall elect its Chairman and shall have power to regulate its procedure. 1[ (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 hold- ing office as such immediately before the commencement of the Salaries and Allowances of Members of Parliament (Amendment) Act, 1958,(55 of 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 1

[after consultation with the Central Government] make 2rules to

sub-clause (ii) of clause (c) of sub-section (1) of section 4 ;] ---------------------------------------------------------------------- 1. Ins. by Act 55 of 1958. s. 8. 2. For the Housing and Telephone Facilities (Members of Parliament) Rules 1956, see Gazette of India, 1956, Extraordinary, Part II, Sec. 3, pp. 867-870. 3. Ins. by Act 61 of 1982 s.4 4. Ins. by Act 74 for 1985, s.7 5. Subs. by Act 60 of 1988, s.10 (w.e.f. 1-4-1988) ---------------------------------------------------------------------- 140F (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 ; 1[(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service ; (ddd) the travelling and daily allowances admissible for .journeys performed by a member in the course of a tour 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; 2 [(ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act;] 6[(f) the constituency allowance and medical and other facilities mentioned in section 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) generally for regulating the payment of 5[daily and travel 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. 10. [Validation of payment of certain travelling allowances.] Rep by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Sch,I. ---------------------------------------------------------------------- 1 Ins. by Act 55 of 1958, s.8 2 Ins. by Act 105 of 1976, s.8 (w.e.f. 9-9-1976) 3. Subs. by Act 48 of 1975, s.3 for cl. (f) (w.e.f. 16-8-1975) 4. For the Housing and Telephone Facilities (Members of Parliament) Rules, 1956, see Gazette of India. 1956 Extraordinary, Part II, Sec. 3 pp. 867-870. 5. Subs. by Act 105 of 1976, s.8, for "daily and travilling allowances "(w.e.f. 9-9-1976) 6. Subs. by Act 74 of 1985, s.8. -----------------------------------------------------------------------