Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT LEGISLATIVE ASSEMBLY (SPEAKER AND DEPUTY SPEAKER) SALARIES AND ALLOWANCES ACT, 1960 3 of 1960 [September 22, 1960] CONTENTS 1. Short title and commencement 2. Definitions 3. Salary of Speaker 3A. Consolidated allowance to Speaker 4. Residence of Speaker 5. Conveyance for Speaker 6. Travelling and daily allowances 6A. Travelling allowance on assumption of office by Speaker and on ceasing to be Speaker. 6AA. Free transit by railway 6AB. Free transit by air 6B. Telephone facilities to Speaker 7. Medical attendance 7A. Sumptuary allowance to Speaker 8. Speaker not to practice any profession or engage in any trade 9. Speaker not entitled to salary and allowances as member of the State Legislature. 10. Salary of Deputy Speaker 10A. Consolidated allowance to Deputy Speaker 11. 11 12. Travelling and Daily Allowances to Deputy Speaker, 12A. Telephone facilities to Deputy Speaker. 12B. Residence of Deputy Speaker 12C. Conveyance for Deputy Speaker 12 D. Travelling allowance on assumption of office by Deputy Speaker and on ceasing to be Deputy Speaker 12E. Medical attendance 12F. Deputy Speaker not to practice any profession or engage in any trade. 12G . Deputy Speaker not entitled to salary and allowance as member of the State Legislature. 13. Power of State Government to make rules and orders. 14. Repeal of Gujarat Ord. No.IV of 1960 GUJARAT LEGISLATIVE ASSEMBLY (SPEAKER AND DEPUTY SPEAKER) SALARIES AND ALLOWANCES ACT, 1960 3 of 1960 [September 22, 1960] An Act to provide for the salaries and allowances of the Speaker and the Deputy Speaker of the Gujarat Legislative Assembly and certain other matters. Whereas it is expedient to provide for the determination of the salaries and allowances of the Speaker and the Deputy Speaker of the Gujarat Legislative Assembly and other matters hereinafter appearing; It is hereby enacted the Eleventh Year of the Republic of India as follows:- 1. Short title and commencement :- (1) This Act may be called the Gujarat Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act. 1960. (2) It shall come into force on the 1st day of May, 1960. 2. Definitions :- In this Act, unless there is anything repugnant in the subject or context- (a) "Assembly" means the Gujarat Legislative Assembly; (b) "Maintenance" in relation to a residence includes the payment of rates and taxes due to Government or any local authority and the provisions of electricity, gas and water; (c) "residence" includes the staff quarters and other buildings appurtenant thereto and the gardens thereof: (d) "rules" or "orders" means rules or orders respectively made under this Act; (e) "Speaker" and "Deputy Speaker" means respectively the Speaker and Deputy Speaker of the Assembly. 3. Salary of Speaker :- There shall be paid to the Speaker a salary of 1 [Rs. 4500/-] per month. 1. Substituted by Gujarat 20 of 1998[1-8-1998] 3A. Consolidated allowance to Speaker :- 1The re shall be paid to the speaker during the whole of his term of office per month a sum of 2 [Rs. 3500/-] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act. 1. Inserted by Gujarat 6 of 1992[1-4-1992] 2. Substituted by Gujarat 20 of 1998[1-8-1998] 4. Residence of Speaker :- (2) No cartage shall fall on the Speaker personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders. 5. Conveyance for Speaker :- (1) The State Government may, from time to time for the use of the Speaker purchase and provide a motor car and other suitable conveyance, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders. 1 [ (1A) Where, under sub-section (1), the State Government has provided for the use of the Speaker motor car or other conveyance, it shall also provide to him, free of charge, the services of a driver for such car or conveyance. ] 1. Inserted by Gujarat 4 of 1972 6. Travelling and daily allowances :- The Speaker shall be entitled to travelling and daily allowances while touring on public business at such rates and upon such conditions as may be determined by rules and orders. 6A. Travelling allowance on assumption of office by Speaker and on ceasing to be Speaker. :- 1 Subject to any rules or orders made in this behalf by the State Government,- (a) the Speaker shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family's effects in respect of journey to Gandhinagar from his usual place of residence outside Gandhinagar for assuming office; (b) the Speaker and member of his family shall be entitled to travelling allowance for himself or themselves and for the transport of effects of the Speaker or, as the case may be, his family in respect of the journey from Gandhinagar to his usual place of residence outside Gandhinagar on the Speaker ceasing to hold his office. 1. Ss.6A and 6B ins. by Gujarat 18 of 1982 6AA. Free transit by railway :- 1 The Speaker and the Deputy Speaker shall be provided with facilities which shall entitle them at any time to travel by first class or by second class air conditioned by railway in any part of India in such manner and subject to such conditions as may by rules or orders be prescribed in that behalf: Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by the Speaker or as the case may be, by the Deputy Speaker or jointly with his spouse and two other members of his family residing with and dependent on him, so however that the total distance so travelled by the Speaker or, as the case may be, the Deputy Speaker singly in any year does not exceed 10,000 kilometers and the total distance so travelled jointly by the Speaker or, as the case may be, the Deputy Speaker and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometers. Explanation.-For the purpose of calculating the number of kilometers travelled by the Speaker or, as the case may be, the Deputy Speaker jointly with his spouse and two other members of his family residing with and dependent on him, outside the State of Gujarat, the number of kilometers travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately. 1. Inserted by Gujarat 20 of 1998[1-8-1998] 6AB. Free transit by air :- 1 The Speaker and the Deputy Speaker may undertake or perform journey along with co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occasions in each year: Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the Speaker or. as the case may be, by the Deputy Speaker. 1. Inserted by Gujarat 20 of 1998[1-8-1998] 6B. Telephone facilities to Speaker :- (1) The Speaker shall during the term of his office be entitled to have a telephone installed at Government cost at the place of residence at Gandhinagar. (2) No charge shall fall on the Speaker personally in respect of installation of. initial deposit for. rental charges for maintenance of. and calls made from, the telephone installed under sub-section (1) 7. Medical attendance :- Subject to rules or orders the Speaker and the members of the family of the Speaker, who are residing with and dependent on him. shall be entitled, free of charge, the accommodation in hospitals maintained by the State Government and in to medical attendance and treatment. Explanation.-For the purposes of this section, the expression "a member of the family" means the husband, wife, son, daughter, father, mother, brother or sister. 7A. Sumptuary allowance to Speaker :- 1There shall be placed at the disposal of the Speaker a sum of Rs. 2 [60,000] per year as sumptuary allowance. 1. Inserted by Gujarat 12 of 1974 2. Substituted by Gujarat 20 of 1998[1-8-1998] 8. Speaker not to practice any profession or engage in any trade :- T he Speaker shall not practice any profession or engage in any trade or undertake for remuneration any employment other than his duties as Speaker. 9. Speaker not entitled to salary and allowances as member of the State Legislature. :- Notwithstanding anything contained in any law for the time being in force, determining the salaries and allowances of the members of the Assembly, the Speaker shall not be entitled to receive any salary or allowances under such law. although such Speaker is a member of the Assembly. 10. Salary of Deputy Speaker :- There shall be paid to the Deputy Speaker a salary ofRs. 1 [Rs.4500/-] per month. 1. Substituted by Gujarat 20 of 1998 10A. Consolidated allowance to Deputy Speaker :- 1There shall be paid to the Deputy Speaker during the whole of his term of office per month a sum of 2 [Rs. 3500/1 as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act. 1. Inserted by Gujarat 6 of 1992[1-4-1994] 2. Substituted by Gujarat 20 of 1998[1-8-1998] 11. 11 :- 1 [Deleted] 1. Deleted by Gujarat 2 of 1991 12. Travelling and Daily Allowances to Deputy Speaker, :- 12 [x x x] The Deputy Speaker shall be entitled to traveling and daily allowances while touring on public business at such rates and upon such conditions as may be determined by rules or orders. 1. Substituted by Gujarat 2 of 1991 2. Delete by Gujarat 2 of 1991 12A. Telephone facilities to Deputy Speaker. :- 1] 2 [x x x] 1. Inserted by Gujarat 19 of 1987 2. Proviso Deleted by Gujarat 2 of 1991 12B. Residence of Deputy Speaker :- 1 (1) The Deputy Speaker shall be entitled, without payment of rent. to the use of a furnished residence in Gandhinagar throughout his term of office and for a period of fifteen days immediately thereafter or in lieu of such residence a house allowance at the rate of Rs.250/- per month. (2) No charge shall fall on the Deputy Speaker personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders. 1. Inserted by Gujarat 2 of 1991 12C. Conveyance for Deputy Speaker :- 1 (1) The State Government may. from time to time. for the use of the Deputy Speaker purchase and provide a motor car and other suitable conveyance, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders. (2) Where, under sub-section (1). the State Government has provided for the use of the Deputy Speaker a motor car or other conveyance it shall also provide to him, free of charge, the services of a driver for such car or conveyance. 1. Inserted by Gujarat 2 of 1991 12D. Travelling allowance on assumption of office by Deputy Speaker and on ceasing to be Deputy Speaker :- 1 Subject to any rules or orders made in this behalf by the State Government,- (a) the Deputy Speaker shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family's effects in respect of the journey to Gandhinagar from his usual place of residence outside Gandhinagar for assuming office. (b) the Deputy Speaker and members of his family shall be entitled to travelling allowance for himself or themselves and for the transport of effects of the Deputy Speaker or, as the case may be, his family in respect of the journey from Gandhinagar to his usual place of residence outside Gandhinagar on the Deputy Speaker ceasing to hold his office. 1. Inserted by Gujarat 2 of 1991 12E. Medical attendance :- 1 Subject to rules or orders, the Deputy Speaker and the members of the family of the Deputy Speaker, who are residing with and dependent on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment. 1. Inserted by Gujarat 2 of 1991 12F. Deputy Speaker not to practice any profession or engage in any trade. :- 1 The Deputy Speaker shall not practise any profession or engage in any trade or undertake for remuneration any employment other than his duties as Deputy Speaker. 1. Inserted by Gujarat 2 of 1991 12G. Deputy Speaker not entitled to salary and allowance as member of the State Legislature. :- 1 Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of the members of the Assembly, the Deputy Speaker shall not be entitled to receive any salary or allowances under such law, although such Deputy Speaker is a member of the Assembly. 1. Inserted by Gujarat 2 of 1991 13. Power of State Government to make rules and orders. :- (1)The State Government may make rules or orders for carrying out the purposes of this Act. (2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1 st day of May 1960. (3) Rules or orders made under this section shall have effect as if enacted in this Act. 1 [ (4) All rules and orders made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modification as the State Legislature may make during the session in which they so laid, or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect. 1. Added by Gujarat 4 of 1972 14. Repeal of Gujarat Ord. No.IV of 1960 :- The Gujarat Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Ordinance 1960 is hereby repealed and the provisions of Section 7 and 25 of the Bombay General Clauses Act, 1904 (Bom.I of 1904) shall apply to such repeal as if that Ordinance were an enactment.