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THE JAMMU AND KASHMIR DEPUTY MINISTERS' TRAVELLING ALLOWANCE RULES, 1968

THE JAMMU AND KASHMIR DEPUTY MINISTERS' TRAVELLING ALLOWANCE RULES, 1968

THE JAMMU AND KASHMIR DEPUTY MINISTERS' TRAVELLING ALLOWANCE RULES, 1968

PREAMBLE

In exercise of the powers conferred by section 4 of the Jammu and Kashmir Deputy Ministers' Salaries and Allowances Act, 1957 (VI of 1957), the Governor is pleased to make the following rules, namely:-

Rule - 1. Short title

These rules may be called the Jammu and Kashmir Deputy Ministers' Travelling Allowance Rules, 1968.

Rule - 2. Commencement

These rules shall come into force from the date[1] these are published in the Government Gazette:

Provided that if any Deputy Minister has already performed a journey before the commencement of these rules, T. A. for such journeys shall he regulated by the provision of these rules.

Rule - 3.

(i)       A Deputy Minister is entitled to travel within and beyond the limit of the State of Jammu and Kashmir on official business;

(ii)      A Deputy Minister's certificate that the journey was under­taken in connection with the official business shall be conclusive.

Rule - 3-A.

(1)     Notwithstanding anything contained in these rules, a Deputy Minister shall be paid, every month for travels in connection with official business within a radius of 16 kilometers from the headquarters, a travelling allowance equivalent to the cost of petrol or diesel oil actually consumed for travels up to 600 kilometers.

(2)     The Deputy Minister's certificate that the travels were under­taken in connection with the official business shall be conclusive.][2]

[3][Note:- So far the POL charges are being borne by the Government no payment of travelling allowance as envisaged in rule 3-A(l) above shall be allowed till such time as the Minister's use Government vehicles with POL charges directly borne by the Government in view of the security scenario].

Rule - 4.

A Deputy Minister when travelling by rail on duty is entitled to

(i)       double first class air conditioned railway coaches fare or, where air conditioned coaches are not provided, double first class;

(ii)      railway fare actually paid for not more than one personal attendant at the lowest class rate, whether the attendant travels with him or precedes or follows him;

(iii)     conveyance of all personal effects including stores carried for consumption whether taken in luggage van of the train or sent by another train; and

(iv)    the cost of conveyance, if any, employed for official use or the cost of fuel-oil, if a Government vehicle is used.

Rule - [4A.

A Deputy Minister or any member of his/her family shall be entitled to travel any time and in lieu of such travel he/she shall be entitled to a reimbursement up to Rs. 50,000/- in a financial year on production of railway receipt/ railway ticket or air ticket as the case may be.][4]

Rule - 5.

A Deputy Minister, when travelling on duty by road beyond 16 kilometers from the headquarters within the State or to places outside the State in a State Car may, recover the cost of fuel and mobil-oil consumed for such journeys. But when travelling is neces­sitated in a hired conveyance, or in a conveyance the cost of propulsion of which is paid by him, reasons for which should be recorded on the bill or is performed by routes not fit for vehicular traffic, he may recover the expenses actually incurred on the transport engaged by him on his own certificate that the amount charged has actually been paid. He will also be entitled to free accommodation in Dak Bungalows and Rest Houses or any other Government building whenever available.

Explanation:- Hired conveyance includes steamer, boat, tanga, riding-horse, pony and mazdoor for luggage etc.

Note: - (1) A Deputy Minister may in the following cases recover the cost of propulsion of a car beyond 16 Kilometers:-

(i)       when a Deputy Minister travels in his car up to a rail station, road head, or airport for undertaking further journeys therefrom by other means of transport and sends the car back to his headquarters;

(ii)      when the car of the Deputy Minister is required to meet the Deputy Minister at a railway station, road head or airport in order to enable him to travel by road from such railway station, road head or airport;

(iii)     when a Deputy Minister is travelling in a hill area where travel beyond a certain point is necessary by means other than a car owing to the nature of communications in that area and sends the car back to his headquarters;

(iv)    in unforeseen circumstances where owing to a road breakdown or other cause the vehicle cannot proceed beyond a particular point and the Deputy Minister proceeds further on his journey by means of transshipment or otherwise.

Note, - (2) Whenever a hired vehicle is used, a certificate regarding non-availability of a State conveyance in respect of that date shall be recorded on the T.A. Bill.

Rule - 6.

A Deputy Minister when travelling on duty by road beyond the radius of 16 Kilometers from his headquarters in his own car shall be entitled to draw travelling allowance at the rate of 30 Paise per Kilometer.

[5][Note.-A Deputy Minister may exchange his mileage allowance for daily allowance on any day on which he travels en duty by road beyond a radius of 10 miles from his headquarters in his own car.]

Rule - 7.

A Deputy Minister travelling on duty by a car or any other conveyance which does not belong to him or is not hired by him or the cost of propulsion of which is not paid by him should be entitled to daily allowance.

Rule - 8.

For journeys by road to places connected by railways the provisions of rules 5 and 7 above will apply.

Rule - 9.

(1)     When travelling on duty by air, a Deputy Minister is entitled to draw actual expenditure incurred. In case of such journey [6][between Jammu, Srinagar and Ladakh] the actual air passage of one attendant who travels with him or precedes or follows him will also be admissible. For other journey by air a Deputy Minister may draw road mileage railways fare actually paid by lowest class for one personal attendant:

[7][Provided that in case of journeys by road in areas not connected by railway the attendant accompanying the Deputy Minister but not actually travelling in his conveyance will be entitled to standard bus fare and luggage charges actually paid by him. For other journeys performed by routes not fit for vehicular traffic the attendant may be paid the amount actually paid for conveyance engaged i. e. riding horses, pony etc.]

(2)     When due to cancellation of any intended travel by air or railway, a Deputy Minister is liable to pay to the carrier any charges on accounts of cancellation of his ticket, he shall be entitled to be reimbursed by the Government to the extent of his liability if he records a certificate that the cancellation of the travel was necessitated in the public interest.

Note.- (1) A Deputy Minister when travelling by air will be entitled to draw personal aviation insurance for a sum of Rs. 1,00,000.00 and the premium on such policies will be paid by the Government.

Note.- (2) The term "actual expenses" for journeys by air within the State shall include the air fare and air freight for additional luggage, if any, and, in addition, the expenses to and from airport to residence and reasonable tips to porters at the airports. For air journeys outside the State, the term "actual expenses" would mean the "actual expenses" as defined in Rule 11 of these Rules.

Rule - 10.

Subject to the provisions of rule 5, a Deputy Minister will also be entitled to draw daily allowance at the rate of [8][Rs. 250] per day for the entire duration of the journeys performed within or outside the State, whether or not he makes halt at any place; provided he has to remain away from his headquarters at least for eight hours continuously:

Provided that for halts at principal towns in India and journeys on hilly roads 75 per cent and 25 per cent increase respectively over the daily allowance rate referred to above will be admissible; provided further that in the case of a Deputy Minister who while on tour in India is treated as State Guest daily allowance, shall be limited to one-half, if he is provided free board and lodging at the expenses of the Government of the State visited and to three-fourth if he is charged for board only:

Provided also that no daily allowance shall be payable:-

(i)       for any day on which the Deputy Minister travels in his own car and charges travelling allowance under rule 6;

(ii)      for any day on which railway fare is charged under rule 4.

Explanation I.- For the purpose of this rule a day will be deemed to begin at 8 A.M. and end at 8 A.M. of next day.

Explanation II.- Halt at any place other than the headquarters, due to road blockade certified by PWD during the period of tour, shall be treated as period of halt on duty.

[9][Explanation III.- One half and three fourth rates of D.A. admissible under the second proviso to rule 10 shall be applicable equally in respect of a Deputy Minister who while on tour outside the State is treated as guest by any autonomous Corporation, a local body or a statutory body under the Government.]

Rule - [10-A.

A Deputy Minister shall also be entitled to receive a daily allowance for each day during the period of residence on duty as admissible to members of the Legislature under the Salaries and Allowances of Members of Legislature Act, I960.][10]

Rule - 11.

For journeys outside the State, a Deputy Minister may recover actual expenses, both on account of T.A. and halts, subject to the condition that a certificate to the effect that the amount claimed has actually been spent is recorded on the Bill.

Note.- The term "actual expenses" for the purpose of this rule shall mean and include:

(a) actual total charges paid by the Deputy Minister for the board and lodge of himself alone and not for any of his family members/relatives or for entertainment of guests;

(b) [11][Rs. 100] in respect of the first day to cover other expenses and [12][Rs. 50] per day in respect of subsequent days; provided that in special cases, the Chief Minister may authorise a higher rate; and

[13][(c) actual transport cost provided that no Government vehicle is used.]

Rule - [12.

A Deputy Minister when travelling on duty outside India shall, in addition to T.A., be entitled to an outfit allowance of [14][Rs. 2500]; provided that the same is not allowed more than once during a period of three years.][15]

Rule - 13.

The Deputy Minister when travelling with the Government from Srinagar to Jammu or vice versa on the occasion of annual move of the Government will be allowed a lump sum travelling allowance of [16][Rs. 425.]

Rule - 14.

Toll charges, if any, paid while on official tour shall be reimbursable except in respect of journeys from Srinagar to Jammu and vice versa on annual move of offices.

Rule - 15.

A Deputy Minister may draw advance T.A. for tour journeys exceeding 320 kilometres one way; provided an estimate is drawn up for the amount required with reference to tour programme and the advance is recovered in full from the relevant bills.

Rule - 16.

On proceeding to join office a Deputy Minister may in respect of the journey from his home to headquarters of Government avail himself of all the travelling allowance facilities under these rules. Besides, he shall be entitled to charge on his own certificate the actual expenditure to be incurred on the transportation of his family members, personal servants and luggage subject to the maximum of one lorry load; similar facilities from the headquarters to his home, shall be allowed to a Deputy Minister on demitting office.

[17][Note.- 1. The term 'family members' for the purpose of this rule shall mean and include the Deputy Minister's wife, children (including the adopted and the step) residing with and wholly dependent on him.

Note.- 2. The term 'personal servants', for the purpose of this rule, shall mean and include personal servant or servants not exceeding two in number.]

Rule - 17.

A Deputy Minister shall not claim in his travelling allowance bill reimbursement of entertainment charges of guests. Such charges, if any, incurred shall be restricted to minimum and claimed separately within and from the entertainment grant, if any, available with the Department. Details of entertainments shall be furnished to Audit together with vouchers in support of the same.



[1] Published on 17.1.1969.

[2] Added by SRO 606, dated 28.12.1983.

[3] Note added by SRO 405, dated 11.12.1997.

[4] Recast ibid.

[5] Note inserted by SRO 548 dated 30.11.1970.

[6] Substituted by SRO 556 dated 2,12.1970, w.e.f. 17.1.1970 for "between Jammu & Srinagar".

[7] Proviso to sub-rule (1) added by SRO 572 dated 4.12.1971.

[8] Substituted by SRO405 dated 11.12.1997.

[9] Explanation III added by SRO 64 dated 9.2.1970.

[10] Rule 10-A inserted by SRO 449, dated 7.11.1987.

[11] Substituted by SRO 405, dated 11.12.1997.

[12] Substituted by SRO 405, dated 11.12.1997.

[13] Substituted by SRO 405, dated 11.12.1997.

[14] Substituted by SRO 405, dated 11.12.1997.

[15] Rule 12 substituted by SRO 578, dated 12.12.1970.

[16] Substituted by SRO 519, dated 31.10.1975.

[17] Notes 1 and 2 added by SRO 475, dated 10.7.1972.