UTTARAKHAND
MINISTERS (SALARIES, ALLOWANCES AND MISCELLANEOUS PROVISIONS) ACT, 2010 THE UTTARAKHAND MINISTERS (SALARIES, ALLOWANCES AND MISCELLANEOUS
PROVISIONS) ACT, 2010 [Act No. 12 of 2010] An Act to consolidate the law relating to the salaries, allowances
and other facilities to Ministers of the State of Uttarakhand Be it is enacted by the
Legislative Assembly of the State of Uttarakhand in the Sixtieth Year of the
Republic of India as follows-- (1)
This Act may be called the Uttarakhand Ministers (Salaries,
Allowances and Miscellaneous Provisions) Act, 2009. (2)
It shall come into force at once. In this Act-- (a)
'Maintenance' in relation to a residence includes the payment of
local rates and taxes and the provision for water and electricity including
electricity duty and (b)
'Family' in relation to a Minister means his or her spouse, son,
daughter, father, mother, brother or sister residing with and wholly dependent
on such Minister; (c)
'Minister' means a member of the Council of Ministers of the
Government of Uttarakhand and includes the Chief Minister, a Minister of State
and a Deputy Minister of the State; (d)
'Assembly' means the Uttarakhand Legislative Assembly. (1)
The Chief Minister and Minister shall be entitled, throughout the
term of his office, to a salary of Fifteen Thousand rupees per month. (2)
Every Minister of State shall be entitled, throughout the term of
his office, to a salary of Fourteen Thousand rupees per month. (3)
Every Deputy Minister shall be entitled, throughout the term of
his office, to a salary of Twelve Thousand rupees per month. (4)
The salary referred to in sub-section (1) and (2) shall be
exclusive of the tax payable in respect of such salary (including perquisites)
under any law relating to Income Tax for the time being in force, and such tax
shall be borne by the State Government. (1)
Each Minister shall be entitled without payment of any rent to the
use throughout the term of his office and for a period of fifteen days
thereafter, of a residence at dehradun or Capital of State which shall be
furnished and maintained at public expense at the prescribed scale. (2)
Each Minister for whose use a residence at Dehradun the Capital of
State has been provided under sub-section (1) shall immediately after the
expiration of the period referred to in that sub-section, vacate such
accommodation and an officer authorised by the State Government in this behalf
may take possession of the accommodation and may, for the purpose, use such
force as may be necessary in the circumstances. (3)
Where a Minister has not been provided with a residence in
accordance with subsection (1), or does not avail of the benefit of the said
sub-section, he shall be entitled to compensatory allowance at the rate of
Rupees Ten Thousand per month. (4)
The motor vehicle provided to a Deputy Minister at any time before
the commencement of this Act shall be deemed to have been validly provided. (1)
Each Minister shall, throughout the term of his office, be
provided with a motor vehicle with chauffeur (driver) which shall be purchased
and maintained at public expense in accordance with the rules made in that
behalf. (2)
The terms and conditions for the use of the motor vehicle referred
to in sub-section (1) shall be such as may be prescribed. (1)
Each Minister other than a Deputy Minister shall be entitled for
journeys (whether by road, sea or air) performed in connection with the
discharge of his official duties to travelling allowance and out of pocket
expenses for himself and the members of his family at such rates and upon such
conditions as may be prescribed. (2)
Each Deputy Minister shall be entitled for journeys (whether by
road, sea or air) performed in connection with the discharge of his official
duties to travelling and daily allowance at such rates and upon such conditions
as may be prescribed. (3)
Each 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? (a)
in respect of the journey to Dehradun or Capital of the State from
his usual place of residence outside Dehradun for the purposes of assuming
office; and (b)
in respect of the journey to Dehradun or Capital of the State to
his usual place of residence outside Dehradun on relinquishing office. (4)
Notwithstanding anything contained in sub-sections (1) to (3), no
travelling allowance shall be payable to a Minister in respect of journeys
performed by the motor vehicle referred to in Section 5 or any other vehicle
belonging to the State Government. Every Minister shall be
entitled and be deemed always to be entitled to the use of the circuit house,
inspection house or other rest houses maintained by the State Government
without payment of any rent or electricity charges during the course of
journeys performed in connection with the discharge of his official duties. Every Minister and the
members of his family shall be entitled, free of charge, to accommodation in
hospitals during the period of treatment maintained by the State Government and
to medical attendance and treatment in accordance with such principales as may
be prescribed for the highest class officers of the State Government. The date on which any
person became or ceased to be a Minister shall be notified in the Official
Gazette and any such notification shall be conclusive evidence of that fact
that he became, or ceased to be a Minister, on that date. No Minister shall during
the tenure of his office for which he draws his salary and allowance, practise
any profession or engage in any trade or undertake for remuneration any
employment other than his duties as Minister. Every Minister who is a
member of the Assembly shall continue to enjoy the benefits available to him
under Sections 4, 7, 11, 16, 17 and Chapter XI of the Uttarakhand State
Legislature (Members' Emoluments and Pension) Act, 2008 (as amended from time
to time). A Minister may, at any
time, relinquish the whole or any part of the salary, allowances or other
facilities to which he is entitled by making a written declaration to that
effect. (1)
The State Government may, by notification, make rules to carry out
the purposes of this Act. (2)
All rules made under the enactment repealed by Section 14 and in
force on the date immediately preceding the date of commencement of this Act
shall, insofar as they are not inconsistent with the provisions of this Act, be
deemed to have been made under this Act and they shall continue to be valid and
effective until they are repealed by new rules made under sub-section (1). (1)
The Uttar Pradesh Ministers (Salaries, Allowances and
Miscellaneous Provisions) Act, 1981 (as applicable to the State of the
Uttarakhand), is hereby repealed in its application to the State of
Uttarakhand. (2)
Notwithstanding such repeal of the Act as amended Act specified in
sub-section (1) anything done or any action taken under the provisions shall be
deemed to have been done or taken under the corresponding provisions of this
Act, as if this Act were in force at all material times.
Preamble - THE UTTARAKHAND MINISTERS (SALARIES, ALLOWANCES AND
MISCELLANEOUS PROVISIONS) ACT, 2010PREAMBLE