Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT MINISTERS' SALARIES AND ALLOWANCES ACT, 1960 6 of 1960 [22nd September, 1960] CONTENTS 1. Short title and commencement. 2. Definitions. 3. Salaries of Ministers 1[and Ministers of State]. 3A. Consolidated allowance to Ministers. 4. Residences of Ministers. 5. Conveyances for Ministers. 6. Salaries of Deputy Ministers. 6A. Consolidated allowance to Deputy Ministers. 7. Residences of Deputy Ministers. 8. Conveyances for Deputy Ministers. 9. Travelling and daily allowances and residential accommodation at places other than head-quarters. 9A. Travelling allowances on assumption of office by Ministers and on ceasing to be Ministers. 9AA. Free transit by railway. 9AB. Free transit by air. 9B. Telephone facilities to Ministers. 10. Medical attendance. 11. Sumptuary allowance to Chief Minister. 1 2 . Ministers and Deputy Ministers not entitled to salaries and allowances as members of State Legislature. 13. Ministers of State and Deputy Ministers not disqualified 14. Power of State Government to make rules and orders. 15. Repeal of Gujarat Ordinance No.VI of 1960. GUJARAT MINISTERS' SALARIES AND ALLOWANCES ACT, 1960 6 of 1960 [22nd September, 1960] An act to provide for the salaries and allowances of the Minister of the Government of Gujarat and certain other matters WHEREAS it is expedient to provide for the determination of the salaries and allowances of the Ministers of the Government of Gujarat and other matters hereinafter appearing; It is hereby enacted in the Eleventh Year of the Republic of India as follows:- 1. Short title and commencement. :- (1) This Act may be called the Gujarat Ministers' Salaries and Allowances Act, 1960. (2) It shall be deemed to have 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) "maintenance" in relation to a residence includes the payment of rates and taxes due to Government or any local authority and the provision of electricity, gas and water; (b) "Minister" and "Deputy Minister" mean respectively a Minister and a Deputy Minister of the Government of Gujarat, and "Minister" includes- (i) the Chief Minister, (ii) the Deputy Chief Minister, and (iii) Minister of State: (c) "residence" includes the staff quarters and other buildings appurtenant thereto, and the gardens thereof; (d) "rules" and "orders" mean rules or orders respectively made under this Act. 3. Salaries of Ministers 1[and Ministers of State]. :- There shall be paid to the Minister a salary of Rs.1[4500/-] per month 2[and to each Minister of State a salary of Rs. 3 [4500/-] per month]. 1. Substituted by Gujarat Act No. 20 of 1998 [1-8-1998). 2. Substituted by Gujarat Act No. 19 of 1981. 3. Substituted by Gujarat Act No. 20 of 1998 [1-8-1998]. 3A. Consolidated allowance to Ministers. :- 1There shall be paid to each Minister during the whole of his term of office per month a sum of Rs.2 [3,500/-] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.] 1. Inserted by Gujarat Act 6 of 1992 [1-4-1992]. 2. Substituted by Gujarat 20 of 1998 [1-8-1998] 4. Residences of Ministers. :- (1) Each Minister shall be entitled, without payment of rent, to the use of a furnished residence 1 [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 Minister 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 otherwise. 1. Substituted by Gujarat Act No. 3 of 1972. 5. Conveyances for Ministers. :- (1) The State Government may, from time to time, for the use of the Ministers purchase and provide motor cars and other suitable conveyances 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 Ministers, motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.] (2) There shall also be paid to each Minister a conveyance allowance at the rate of Rs. 2 [3000/-] per month. 1. Inserted by Gujarat Act No. 3 of 1972. 2. Substituted by Gujarat 20 of 1998 [1-8-1998]. 6. Salaries of Deputy Ministers. :- There shall be paid to each Deputy Minister a salary of Rs. 1 [4500/-] per month. 1. Substituted by Gujarat 20 of 1998 [1-8-1998]. 6A. Consolidated allowance to Deputy Ministers. :- 1There shall be paid to each Deputy Minister during the whole of his term of office per month a sum of Rs.2 [3,500/-] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.] 1. Inserted by Gujarat Act 6 of 1992 [1-4-1992]. 2. Substituted by Gujarat 20 of 1998 [1-8-1998]. 7. Residences of Deputy Ministers. :- (1) Each Deputy Minister shall be entitled, without payment of rent, to the use of a furnished residence 1 [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. 150/-per month. (2) No charge shall fall on the Deputy Minister 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. Substituted by Gujarat Act No. 19 of 1981. 8. Conveyances for Deputy Ministers. :- (1) The State Government, may from time to time, for the use of the Deputy Ministers purchase and provide motor cars and other suitable conveyances 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 Deputy Ministers, motor cars or other conveyances it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.] (2) There shall also be paid to each Deputy Minister a conveyance allowance at the rate of Rs. 2 [3000/-] per month. 1. Inserted by Gujarat Act No. 19 of 1981. 2. Substituted by Gujarat 20 of 1998 [1-8-1998]. 9. Travelling and daily allowances and residential accommodation at places other than head-quarters. :- The Ministers and Deputy Ministers shall be entitled to travelling and dally allowances while touring on public business and suitable residential accommodation at places visited by them on such rates and upon such conditions as may be determined by the rules or orders. 9A. Travelling allowances on assumption of office by Ministers and on ceasing to be Ministers. :- 1 Subject to any rules or orders made in this behalf by the State Government:- (a) a Minister and a Deputy Minister 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 respects of the journey to Gandhinagar from his usual place of residence outside Gandhinagar for assuming office; (b) a Minister or Deputy Minister and members of his family shall be entitled to travelling allowance for himself or themselves and for the transport of effects of the Minister, Deputy Minister 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 Minister or the Deputy Minister ceasing to hold his office. Explanation.-For the purposes of this section the expression "a member of the family" shall have the same meaning as assigned to it in Section 10 and the "family" shall be construed accordingly.] 1. Inserted by Gujarat Act No. 18 of 1982. 9AA. Free transit by railway. :- 1 Every Minister and Deputy Minister shall be provided with facilities which shall entitled 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 a Minister or, as the case may be, a Deputy Minister singly 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 Minister or, as the case may be, the Deputy Minister singly in any year does not exceed 10,000 kilometers and the total distance so travelled jointly by the Minister or, as the case may be, the Deputy Minister 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 a Minister or, as the case may be, a Deputy Minister 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 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]. 9AB. Free transit by air. :- 1 Every Minister and the Deputy Minister may undertake or perform journey along with co-traveller by air from the nearest airport from his residence to and fro from any part of India on three occasions in each year: Provided that difference between the fare for journey by first class or by second class air conditioned, whichever is higher, shall be borne by the Minister or, as the case may be, the Deputy Minister.] 1. Inserted by Gujarat 20 of 1998 [1-8-1998]. 9B. Telephone facilities to Ministers. :- 1 (1) Every Minister and Deputy Minister shall during the term of his office be entitled to have 2[telephone facilities] at Government cost at the place of residence at Gandhlnagar. (2) No charge shall fall on the Minister and the Deputy Minister personally in respect of installation of, initial deposit for, rental charges for maintenance of, and calls made from, the 3 [telephone facilities provided] under sub-section (1)] 1. Inserted by Gujarat Act No. 18 of 1982. 2. Substituted by Gujarat 20 of 1998 [1-8-1998]. 3. Substituted by Gujarat 20 of 1998 [1-8-1998]. 10. Medical attendance. :- Subject to rules or orders a Minister and a Deputy Minister and the members of the family of the Minister or the Deputy Minister as the case may be, 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. Explanation.-for the purposes of this section "a members of the family" means the husband, wife, son, daughter, father, mother, brother or sister. 11. Sumptuary allowance to Chief Minister. :- There shall be placed at the disposal of the Chief Minister a sum of Rs. 1 [1,50,000/-] per year as sumptuary allowance. 1. Substituted by Gujarat 20 of 1998 [1-8-1998]. 12. Ministers and Deputy Ministers not entitled to salaries and allowances as members of State Legislature. :- Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of members of the State Legislature, a Minister or a Deputy Minister shall not be entitled to receive any salary or allowances under such law, although he is a member of the Gujarat Legislative Assembly. 13. Ministers of State and Deputy Ministers not disqualified :- 1For the avoidance of doubt, it is hereby declared that a person shall not be disqualified for being chosen as, or for being a member of the Gujarat Legislative Assembly merely by reason of the fact that he holds the 2 [office of a Minister of State or of a Deputy Minister]. 1. Substituted by Gujarat Act No. 18 of 1982. 2. Substituted by Guj. Act No. 20 of 1973. 14. Power of State Government to make rules and orders. :- (1) The State Government may, 1[by notification in the Official Gazette] 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 1st May 1960. (3) Rules or orders made under this section shall have effect as if enacted in this Act. 2 [(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 modifications as the State Legislature may make during the session in which they are 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. Inserted by Gujarat Act No. 21 of 1980. 2. Sub-sections (4) and (5) added by Gujarat Act No. 3 of 1972. 15. Repeal of Gujarat Ordinance No.VI of 1960. :- The Gujarat Ministers' Salaries and Allowances Ordinance, 1960 is hereby repealed and the provisions of BOMBAY GENERAL CLAUSES ACT, 1904 and Section 25 of the BOMBAY GENERAL CLAUSES ACT, 1904 of the Bombay General Clauses Act, 1904 (Bom. 1 of 1904), shall apply to such repeal as if that Ordinance were an enactment.