Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Act, 1974

 

The Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Act, 1974

 

Contents

 

Section          Heading                                        Page

 

  1.        Short title and commencement.............................. 103

  2.        Definitions............................................................ 103

  3.        Salary................................................................... 105

  4.        Daily Allowance and Conveyance Allowance...... 106

  5.        Travelling Allowance............................................ 107

5-A.     Additional travelling allowance............................ 108

  6.        Form of certificate................................................ 109

  7.        [Repealed.]

7-A.     Accommodation Allowance................................. 109

7-B.     House rent and utilities allowance........................ 109

  8.        Medical facilities.................................................. 110

  9.        Traveling Allowance and Daily Allowance for

            business other than Assembly business................ 110

10.       Telephone............................................................. 110

10-A.   Office Maintenance Allowance............................ 111

10-B.   Sumptuary Allowance.......................................... 111

10-C.   Compensation in case of death............................. 111

11.       Leader of the Opposition...................................... 112

11-A.   Official Transport................................................. 112

12.       Exemption from payment of toll tax..................... 113

13.       Power to make rules............................................. 113

14.       Repeal.................................................................. 113

15.       Repeal of Punjab Ordinance No. XII of 1974...... 113

 

^[1]The Punjab Provincial Assembly

(Salaries, Allowances and Privileges of Members) Act, 1974

(Act XVI of 1974)

[21 December 1974]

 

An Act to provide for salaries, allowances and privileges of Members of the Provincial Assembly of the Province of the Punjab.

 

Preamble.– WHEREAS it is expedient to provide for salaries, allowances and privileges of the Members of the Provincial Assembly of the Province of the Punjab;

      It is hereby enacted as follows:-

 

1.   Short title and commencement.– (1) This Act may be called the Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Act 1974.

      (2)  It shall come into force at once, but shall be deemed to have taken effect on and from the 1st day of October, 1974.

 

2.   Definitions.– In this Act, unless there is anything repugnant in the subject or context,–

            (a)  “Assembly” means the Provincial Assembly of the Province of the Punjab;

            (b)  “Committee” means a Select Committee or other Committee of the Assembly and includes any committee appointed by the Government for a purpose connected with the Assembly and declared by the Government to be a Committee of the Assembly;

      (c)  “Government” means the Government of the Punjab;

      (d) “meeting” means a meeting of the Assembly or any of its Committees from the commencement of its business to the termination of the business of a day;

            (e)  “Member” means a Member of the Assembly other than an Adviser, Minister, Parliamentary Secretary, Speaker or Deputy Speaker;

      (f)  “period of residence on duty” means the period during which a Member resides at a place where a session of the Assembly or of a Committee is held or where any other business connected with his duties as such Member is transacted, for the purpose of attending to such other business and includes–

(i)   in the case of a session of the Assembly, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately following the end of the session; and

(ii)  in the case of a sitting of a Committee or any other business, a period of such residence not exceeding two days, immediately preceding the commencement of the business of the Committee, or other business and a period of such residence, not exceeding two days, immediately following the conclusion of the business of the Committee or any other business; and

      (g)  “session” means the period commencing on the day of the first meeting of the Assembly after having been summoned and ending on the day the Assembly is prorogued or dissolved.

 

3.   Salary.– (1) Subject to the provisions of sub-section (2) and sub-section (3), a Member may draw salary at the rate of [2][eighteen thousand] rupees per mensem:

      Provided that a Member who, without permission of the Assembly,–

      (a)  fails to attend at lest three-fourth of the total number of sittings held in a month; or

      (b)  if elected during the course of a month, fails to attend at least three-fourth of the total number of meetings held in that month subsequent to the date on which he takes his oath;

shall be ineligible to draw salary for that month.

      (2)  In the case of a Member who, by virtue of his holding an office of profit in the service of Pakistan declared by law not to disqualify its holder from being a Member, is entitled to receive a salary, the amount of salary to which he is entitled under this Act, shall be only such amount as would not, together with the amount of the salary calculated on a monthly basis to which he is entitled by virtue of his holding such an office, exceed [3][ten thousand] rupees per mensem.

      (3)  No salary shall be paid to any Member in respect of any period during which he was under detention on conviction for an offence involving moral turpitude under any law for the time being in force.

      [4][(4) The Government shall, by notification, increase the salary mentioned in subsection (1) in proportion to the increase in the salary of the civil servants of the highest grade.

Explanation.– The word “salary” in subsection (4) shall include any ad hoc relief or special allowance provided to the civil servants of highest grade, having the effect of increase in the basic pay of the civil servants.]

 

4.   [5][Daily Allowance and Conveyance Allowance].– A Member shall be entitled to receive a daily allowance at the rate of [6][one thousand] rupees [7][and conveyance allowance at the rate of [8][six hundred] rupees] per diem for the period of residence on duty [9][and for the day of arrival at and the day of departure from the place where a session of the Assembly or a meeting of a Committee is held or where any other business connected with his duties as such Member is transacted.]

 

5.   Travelling Allowance.– (1) For every journey performed for the purpose of attending a session or a meeting of a Committee or for attending to any other business connected with his duties as Member from his usual place of residence to the place where the session or meeting is held or other business is transacted and for the return journey from such place to his usual place of residence, a Member shall be entitled to receive travelling allowance at the following rates:-

      (a)  where the journey is performed by rail, an amount equal to the fare of the class travelled plus half fare of the AC class;

      (b)  where the journey is performed by air, the fare of the [10][business class]; and

      (c)  where the journey or any part thereof is performed by road [11][the fare at the rates for the purpose mentioned in the Punjab Travelling Allowance Rules for the time being in force for officers of Grade First;]

            [12][(i)  * * * * * * * * *

                 (ii)  * * * * * * * * *

                (iii)  * * * * * * * * *]

                  [13][Provided that if the journey is performed by personal car, the mileage allowance shall be [14][fifteen rupees] per kilometer;]

      Provided that–

       (i)  no travelling allowance shall be admissible for journeys made during a session between the place where the session is held and any other place; and

      (ii)  a Member who ordinarily resides or carries on business at any place within five miles of the place at which his attendance is required in connection with his duties as a Member, shall not be entitled to travelling allowance.

      (2)  Travelling allowance at the rates mentioned in sub-section (1) shall be admissible to a Member for journey performed during the period of adjournment of a session, if the session is adjourned for a period of more than ten days.

      [15][(3)  A Member shall be entitled to travel by air in first class while travelling abroad on an official visit.]

 

[16][5-A.      Additional traveling allowance.– Notwithstanding anything contained in section 5, a Member shall be entitled to a sum of [17][one hundred and twenty] thousand rupees per annum as an additional traveling allowance.

      Explanation.– In this section, “Member” means a Member of the Provincial Assembly of the Punjab, the Speaker, the Deputy Speaker and a Minister.]

 

6.   Form of certificate.– Every claim by a Member for travelling allowance or daily allowance shall be supported by a written certificate in the following form signed by the Member–

      “Certified that the amount has not been claimed by me in any other bill or drawn by me from any other source.”

 

[18][7. * * * * * * * * * * *]

 

[19][7-A.      Accommodation Allowance.– Where Official accommodation is not provided to a Member, he shall be paid an accommodation allowance at the rate of [20][one thousand and five hundred] rupees per day for the period of residence on duty.]

 

[21][7-B.      House rent and utilities allowance.– (1) A Member shall be entitled to receive house rent at the rate of [22][twenty nine thousand] rupees per month.

      (2)  A Member shall be entitled to receive utilities allowance for gas and electricity charges of his residential accommodation at the rate of [23][six thousand] rupees per month.]

 

 

[24][8.    Medical facilities.– A Member shall be entitled, for himself and for his parents, spouse, real and step sons and daughters, wholly dependent upon him, to free indoor and outdoor medical facilities of the standard admissible to a Class-I Officer of the Government.]

 

9.   Travelling Allowance and Daily Allowance for business other than Assembly Business.– Where a Member is called by a Government Department in connection with any official business in his capacity as a Member, he shall be paid by that Department, travelling allowance and daily allowance for the days of journey from and to his ordinary place of residence and for the day or days he is required to attend any such official business, at the rates admissible to him under this Act.

 

10.    Telephone.– (1) A Member shall be entitled to, at Government expense, the facility of a telephone at the place where he ordinarily resides, if the installation facility is available at such place:

      Provided that Government shall pay only rupees [25][ten thousand] per month as charges of rent of the telephone and the calls made therefrom irrespective of whether the telephone is a private connection or installed at Government expense:

      Provided further that the Government shall not pay expenses of re-installation in case the place of residence is changed.

      (2)  A Member who has not been provided with a telephone or who has no telephone connection in his own name shall be entitled to get rupees [26][ten thousand] per month in lieu of the telephone charges mentioned in sub-section (1).

 

[27][10-A.    Office Maintenance Allowance.– A member shall be entitled to receive an office maintenance allowance at the rate of [28][ten thousand rupees] per month].

 

[29][10-B.    Sumptuary Allowance.– A member shall receive sumptuary allowance at the rate of [30][ten thousand rupees] per month].

 

[31][10-C.    Compensation in case of death.– In case of death of a Member, his spouse, minor children and unmarried daughters shall be entitled to receive a sum of five hundred thousand rupees as financial assistance from the Government.]

 

[32][11.  Leader of the Opposition.– Notwithstanding anything in this Act, the Leader of the Opposition shall be entitled to the salary, allowances and privileges as are admissible to a Provincial Minister under the Punjab Ministers (Salaries, Allowances and Privileges) Act, 1975 (XLI of 1975) [33][:]]

      [34][Provided that the Leader of Opposition shall be entitled to one official telephone at his office and one at his residence, both for office and private use:

      Provided further that the liability of Government in respect of the two telephones installed shall not exceed the amount equal to ten thousand local calls collectively for both the telephones.]

 

[35][11-A.    Official Transport.– A Member who holds the office of a Chairman of a Committee of Assembly, other than that of a Select Committee or a Special Committee, shall be entitled to the use of not more than one official car regardless of his entitlement to have an official car in any other capacity, and where he avails himself of this facility, he shall not be entitled to receive the conveyance allowance under section 4 and Travelling Allowance under section 5:

      Provided that–

         (i)  only one car shall be provided to a Chairman of a [36][*] Committee during the whole term of his office;

 

        (ii)  a Chairman of a [37][* * *] Committee shall be allowed [38][fifteen thousand rupees] per month as petrol and maintenance allowance and expenses on petrol and maintenance of the car shall entirely be his responsibility;

       (iii)  on ceasing to hold office the Chairman of the [39][*] Committee shall return the car within 3 days.]

 

12.    Exemption from payment of toll tax.– A member shall be exempt from the payment of toll tax levied by Government or any local authority in the Province.

 

13.    Power to make rules.– After consultation with the Speaker of the Assembly, the Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

14.    Repeal.– The Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Order, 1972 (Punjab Order No.1 of 1972), is hereby repealed.

 

15. Repeal of Punjab Ordinance No. XII of 1974.– The Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Ordinance, 1974 (Punjab Ordinance No. XII of 1974), is hereby repealed.