ASSAM LEGISLATIVE ASSEMBLY MEMBERS' SALARIES, ALLOWANCES, AMENITIES AND PENSIONS ACT, 2018

Preamble - ASSAM LEGISLATIVE ASSEMBLY MEMBERS' SALARIES, ALLOWANCES, AMENITIES AND PENSIONS ACT, 2018

THE ASSAM LEGISLATIVE ASSEMBLY MEMBERS' SALARIES, ALLOWANCES, AMENITIES AND PENSIONS ACT, 2018

[Act No. 10 of 2018]

[18th April, 2018]

PREAMBLE

An Act to fix the salary, allowances, and amenities and pensions of Members of the Assam Legislative Assembly.

Whereas it is expedient to fix afresh the salary, allowances, amenities and pensions of the Members of the Assam Legislative Assembly in the manner hereinafter appearing;

It is hereby enacted in the Sixty-ninth Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Assam Legislative Assembly Members' Salaries, Allowances, Amenities and Pensions Act, 2018.

 

(2)     It shall be deemed to have come into force on and with effect from the 1st day of April, 2018.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,-

(a)      "Member" or "Members" means Member of the Assam Legislative Assembly, other than the Speaker, Deputy Speaker of the Assam Legislative Assembly, a Minister of the State of Assam and the Leader of the Opposition in the Assam Legislative Assembly;

 

(b)      "Minister" or "Ministers" includes the Chief Minister, Cabinet Ministers, Ministers of State and Deputy Ministers of the State of Assam;

 

(c)      "prescribed" means prescribed by rules made under this Act.

Section 3 - Salary

There shall be paid to each Member a salary of Rupees Eighty Thousand per mensem.

Section 4 - Allowances

There shall be paid to each Member, the following allowances in connection with his duties as a Member:-

Provided that the Sitting Allowance shall not be admissible if any Member of Assam Legislative Assembly performs any official tour within the State of Assam or outside the State of Assam and halts during the period of the Session of the Assam Legislative Assembly.

* Explanation:- Camp Office Allowance is provided to the Members for maintaining a separate office within the respective Constituency for better services to the people of the Constituency till the Government provides any such accommodation.

Section 5 - Travel facilities

(1)     Each Member shall be entitled to,-

 

(a)      while on tour for official purpose within the State of Assam as well as outside the State, to such travelling allowance as may be prescribed;

 

(b)      for journeys performed in connection with medical treatment, to such travelling allowance as may be prescribed;

 

(2)     Each Member and ex-Member of the Assam Legislative Assembly shall be entitled to reimbursement of cost for the journeys performed anywhere in India for the purposes other than as mentioned in sub-section (1) of this section, subject to such ceiling as may be prescribed.

Section 6 - Amenities

Members shall be entitled to,-

(a)      free furnished residence at Guwahati throughout the year which shall be maintained at public expenses;

 

(b)      newspapers and magazines as may be prescribed;

 

(c)      medical facilities and reimbursement of medical expenses as may be prescribed;

 

(d)      financial advance for purchase of land, residential house, car as may be prescribed;

 

(e)      telephone facilities as may be prescribed;

 

(f)       Conveyance allowance as may prescribed;

(g)      contingency allowance including expenses for engaging a computer trained person for the camp office, as may be prescribed;

 

(h)     Any other allowance or facilities or amenities as may be prescribed.

Section 7 - Pension and family pension

(1)     Every ex-Member of the Assam Legislative Assembly, who has served for a full term or less than a full term, or more than one term, shall be paid a pension equivalent to the fifty percent of last salary drawn by him from the date succeeding the date on which he ceased to be a Member.

 

(2)     Every ex-Member who has served for more than five years, shall be paid an additional pension amounting to rupees one thousand for every one year exceeding the first five years as a Member.

 

(3)     Every ex-MLA shall be paid a medical allowance at the rate of rupees twenty thousand per month provided that no such medical allowance shall be paid to him for the period during which he holds any office and draws medical allowance as part of his remuneration in that office.

 

(4)     Widow/Widower of any ex-Member shall be paid family pension at the rate of fifty percent of the pension amount drawn by the ex-Member and shall also be paid medical allowance at the rate of rupees twenty thousand per mensem.

Section 8 - Power to make rules

(1)     The Speaker may, by notification in the Official Gazette, constitute a Committee consisting of maximum ten Members nominated by the Speaker which may make rules in consultation with the State Government, for carrying out the provisions of this Act.

 

(2)     The Committee constituted under sub-section (1), shall elect its Chairman and shall have power to regulate its own procedure:

Provided that till the rules are made under this section and come into force, the procedure as they existed prior to commencement of this Act, shall be followed for the purpose of determining the other allowances, amenities and facilities which were admissible to a Member prior to commencement of this Act for which rules are required to be prescribed under this Act.

(3)     All rules made under this Act shall be laid before the Assam Legislative Assembly, as soon as may be, after they are made.

Section 9 - Repeal of Assam Act No. XIV of 1958

Assam Legislative Assembly Members Salaries and Allowances Act, 1958 (Assam Act No. XIV of 1958) is hereby repealed.

Section 10 - Savings

The repeal by this Act of the enactment mentioned in section 9 shall not affect the validity, invalidity, effect or consequences of anything already done or suffered under the enactments so repealed.