[Act, No. 33 of 1977] [18th August, 1977] An Act to
provide for the salary and allowances of Leaders of Opposition in Parliament. BE it
enacted by Parliament in the Twenty-eight year of the Republic of India as
follows:- (1) This Act may be called the Salary and Allowances
and Leaders of Opposition in Parliament Act, 1977. (2) It shall come into force on such date, as the
Central Government may, by notification in the Official Gazette, appoint. In this Act,
"Leader of the Opposition," in relation to either House of
Parliament, means that member of the Council of States or the House of the
People, as the case may be, who is, for the time being, the Leader in the House
of the party in opposition to the Government having the greatest numerical
strength and recognised as such by the Chairman of the Council of States or the
Speaker of the House of the People, as the case may be. Explanation.-
Where there are two or more parties in opposition to the Government, on the
Council of States or in the House of the People having the same numerical
strength, the Chairman of the Council of States or the Speaker of the House of
the People, as the case may be, shall, having regard to the status of the
parties, recognise any one of the leader so such parties as the Leader of the
Opposition for the purpose of this section and such recognition shall be final
and conclusive. [1][3. Salary and daily, constituency and sumptuary
allowance (1) Each Leader of the Opposition shall, so long as he
continues as such leader, be entitled to receive a salary per mensem and
allowances for each day at the same rates as are specified in section
3 of the Salary. Allowances and Pension of Members of Parliament Act, 1954
with respect to Members of Parliament. (2) Each Leader of the Opposition shall also be
entitled to receive a constituency allowance at the same rate as is for the
time being specified under section 8 of the said Act with respect to
Members of Parliament.] (3) There shall be paid to each Leader of the
Opposition a sumptuary allowance allowance of one thousand rupees per mensem.] [2]["Provided that on and from the 17th day of
September, 2001, the sumptuary allowance shall be paid to each Leader of the
Opposition at the same rate at which the sumptuary allowance is payable,
under section 5 of the Salaries and Allowance of Ministers Act, 1952
(58 of 1972), to every other Minister who is a member of the Cabinet".] (1) Each Leader of the Opposition shall, so long as he
continues as such Leader and for a period of one month immediately thereafter,
he entitled without payment of rent to the use of a furnished residence and no
charge shall fall on the Leader of the Opposition personally in respect of the
maintenance of such residence. (2) In the event in the death of a Leader of the
Opposition, his family shall be entitled to the use of the furnished residence
occupied by him. (a) for a period of one month immediately after his
death, without payment of rent and no charge shall fall on his family in
respect of the maintenance of such residence; and (b) for a further period of one month, on payment of
rent at such rates as may be prescribed by rules made in this behalf by the
Central Government and also charges in respect of electricity and water
consumed in that residence during such further period. Explanation. - For the purposes of this section,
"residence" includes the staff quarters and other buildings
appurtenant thereto, and the garden thereof, and "maintenance" in
relation to a residence includes the payment of local rates and taxes and the
provision to electricity and water. (1) [3][Subject to
any rules made in this behalf by the Central Government a Leader of the
Opposition shall be entitled to-- (a) travelling allowances for himself and the members
of his family and for transport of his and his family's effects-- (i) in respect of the journey to Delhi from has usual
place of residence outside Delhi for assuming office; and (ii) in respect of the journey from Delhi to his usual
place of residence outside Delhi on relinquishing office; and (c) travelling and daily allowances in respect of tours
undertaken by him in the discharge of his duties as Leader of the Opposition,
whether by sea, land or air. (2) [4][A Leader of
the Opposition and any one member of his family accompanying him shall be
entitled to travelling allowances in respect of not more than six return
journeys performed, during each year, within India at the same rates at which
travelling allowances are payable to such leader under clause (b) of sub-section
(1) in respect of tours referred to in that clause. Explanation.- For the purposes of this sub-section,
"return journey" means a journey from one place to another place and
the return journey from such other place to the first mentioned place.] Subject to any rules made in this behalf by the
Central Government, a Leader of the Opposition and the members of the family
shall be entitled free of charge to accommodation in hospitals maintained by
the Government and also to medical treatment. No Leader of the Opposition in receipt of a salary
or allowance under this Act shall be entitled to receive any sum out of funds
provided by Parliament by way of salary or allowance in respect of his
membership of either House of Parliament. (1) Subject to any rules made in this behalf by the
Central Government, each Leader of the Opposition shall be entitled to
telephone and secretarial facilities. (2) Subject to any rules made in this behalf by the
Central Government, each Leader of the Opposition shall be entitled to a
conveyance allowance of [three thousand rupees] per month. [5][Provided
that where a Leader of the Opposition is provided with conveyance facility with
a driver for the purposes of security or otherwise for any period, he shall not
be entitled to the conveyance allowance for that period.] [6][8A. Advance
to Leader of Opposition for purchase of motor car There may be paid to a Leader of the Opposition, by
way of a repayable advance, such sum of money as may be prescribed by rules
made in this behalf of the Central Government for the purchase of a motor car
in order that he may be able to discharge conveniently and efficiently the
duties of his office.] The date which any person became or ceased to be a
Leader of the Opposition shall be punished in the Official Gazette, and any
such notification shall be conclusive evidence of the fact that he became, or
ceased to be, a Leader of the Opposition on that date for all the purposes of
this Act. [7][9A.
Exemption from liability to pay income-tax on certain perquisites received by a
Leader of the Opposition Notwithstanding anything contained in the
Income-tax Act, 1961, the value of rent free furnished residence (including
maintenance thereof) provided to a Leader of the Opposition under sub-section (1)
of section 4 shall not be included in the computation of his income
chargeable under the heading "Salaries" under section 15 of
the Income-tax Act, 1961.] (1) The Central Government may, by notification in the
Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:- (a) the rates at which rent shall be payable by the
family of a deceased Leader of the Opposition to the use of furnished residence
occupied by him under clause (b) of sub-section (2) of section 4: (b) the travelling and daily allowances admissible to a
Leader of the Opposition under section 5; (c) the medical treatment admissible to a Leader of the
Opposition and the members of his family under section 6; (d) the telephone and secretarial facilities admissible
to a Leader of the Opposition and the conditions subject to which he shall be
entitled to conveyance allowance under section 8. (e) [8][the advance
payable to a Leader of the opposition under section 8A.] (3) Every rule made under this section shall be laid,
as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule. [9][***] [10][***] [1] Substituted by Salary and Allowances of
Leaders of Opposition in Parliament (Amendment) Act (78 of 1985), section
2. [2] Inserted by Salary and Allowances of officers
of Parliament and Leaders of Opposition in Parliament (Amendment) Act,
2002 w.e.f. 17-09-2001. [3] Section 5 renumbered as sub-section (1) and after
sub-section (1) so renumbered, sub-section (1) inserted by Salary and
Allowances of Leaders of Opposition in Parliament (Amendment) Act (78 of
1985), section 3. [4] Section 5 renumbered as sub-section (1) and after
sub-section (1) so renumbered, sub-section (1) inserted by Salary and
Allowances of Leaders of Opposition in Parliament (Amendment) Act (78 of
1985), section 3. [5] Inserted by Salary and Allowances of Leaders
of Opposition in Parliament (Amendment) Act (7 of 1991), section 2 (w.e.f.
1-10-1990). [6] Inserted by Salary and Allowances of Leaders
of Opposition in Parliament (Amendment) Act (7 of 1991), section 3 w.e.f.
1-10-1990). [7] Inserted by Salary and Allowances of Leader of
Opposition in Parliament (Amendment) Act (78 of 1985), section 4. [8] Inserted by Salary and Allowances of Leaders
of Opposition in Parliament (amendment) Act (7 of 1991), Section 4 (w.e.f.
1-10-90). [9] Omitted by the Repealing and Amending Act,
1988 (19 of 1988), Section 2 and Schedule 1 (31-3-1988), the
previous text was:- "11. Amendment of Act 30 of 1954 In the
Salary, Allowances and Pension of Members of Parliament Act, 1954, -- (i) in
clause (b) of section 2, -- (a) in
sub-clause (i), the word "and" at the end shall be
omitted; (b)
after sub-clause (i), the following sub-clause shall be inserted, namely
:-- "(ii)
a Leader of the Opposition as defined in the Salary and Allowances of Leaders
of Opposition in Parliament Act, 1977; and"; (c)
the existing sub-clause (ii) shall be re-numbered as sub-clause (iii); (ii)
in the Explanation to sub-section (1) of section 6, after the
words and figures "the Salaries and Allowances of Ministers Act,
1952,", the words and figures "a Leader of the Opposition as defined
in the Salary and Allowances of Leaders of Opposition in Parliament Act,
1977," shall be inserted; (iii)
in sub-section (4) of section 8A, -- (a)
for the words "an Officer of Parliament", the words
"as an officer of Parliament" shall be substituted; and (b)
for the words ", or both", the words and figures "or as a Leader
of the Opposition as defined in the Salary and Allowances of Leaders of
Opposition in Parliament Act, 1977, or has served in all or any two of such
capacities shall be substituted." [10] Omitted by the Repealing
and Amending Act, 1988 (19 of
1988), Section 2 and Schedule 1(31-3-1988), the previous text was:- "12. Amendment of Act 10 of 1959 In the
Parliament (Prevention of Disqualification) Act, 1959, in section 3, - (i)
after clause (a), the following clause shall be inserted, namely :- "(aa) the
office of a Leader of the Opposition in Parliament;"; (ii)
the Explanation at the end shall be numbered
as Explanation 1, and after Explanation 1 as so
numbered, the following Explanation shall be inserted, namely :- 'Explanation 2.--
In clause (aa), the expression "Leader of the Opposition" shall
have the meaning assigned to it in the Salary and Allowances of
Leaders of Opposition in Parliament Act, 1977.'."SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION
IN PARLIAMENT ACT, 1977
PREAMBLE
Section 3 - Salary and daily, constituency and
sumptuary allowance
Section 5 - Travelling and daily
allowances to Leaders of Opposition
Section 6 - Medical treatment,
etc., to Leaders of Opposition
Section 7 - Leaders of Opposition
not to draw salary or allowances as Members of Parliament
Section 8 - Amenities to Leaders
of Opposition
Section 8A - Advance to Leader of
Opposition for purchase of motor car
Section 9 - Notification
respecting the date on which persons became or ceased to be Leaders of Opposition
to be conclusive evidence thereof
Section 9A - Exemption from
liability to pay income-tax on certain perquisites received by a Leader of the
Opposition
Section 11 - Amendment of Act 30
of 1954 [REPEALED]
Section 12 - Amendment of Act 10
of 1959 [REPEALED]