The Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications Act, 1953

Short title and commencement:-

1. (1) This Act may be called the Andhra Pradesh Payment of (Salaries and Pension) and Removal of Disqualifications Act, 1953.
2. (2) It shall be deemed to have come into force on 4th Janaury,1954.

Definitions:- In this Act ,”Chief Whip in the Assembly” means the Government Chief Whip in the Andhra Pradesh Legislative Assembly and the “Chief Whip in the Council” means the Government Chief Whip in the Andhra Pradesh Legislative Council and “Whip in the Assembly” means the Government Whip in the Andhra Pradesh Legislative Assembly and Whip in the Council “Speaker and Deputy Speaker” means the Speaker and Deputy Speaker respectively of Andhra Pradesh Legislative Assembly and “Chairman” and “Deputy Chairman” means the Chairman and Deputy Chairman respectively of the Andhra Pradesh Legislative Council.

Salaries and allowances of and residences to Chief Minister and Ministers:-

1. (1) (i) There shall be paid to Chief Minister, every month, a salary of rupees Sixteen thousand, a special allowance of Rupees Eight thousand, a sumptuary allowance of rupees Seven thousand, a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees Fifteen thousand in case any other motor car is used: Provided that if the Chief Minister desires that the propulsion charges incurred in respect of the motor car used by him be borne by the State Government in lieu of the conveyance allowance payable to him, such propulsion charges shall be borne by the State Government.
   • (ii) There shall be paid to the Deputy Chief Minister, if any , and such member of the Council of Ministers, whether a Cabinet Minister or a State Minister or a Deputy Minister, every month, a salary of rupees fourteen thousand, a special allowance of rupees eight thousand, a sumptuary allowance of rupees seven thousand, and a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees fifteen thousand in case any other motor car is used.”
2. (2) The Chief Minister, the Deputy Chief Minister, if any, and other Ministers and the Deputy Ministers shall each be entitled without the payment of rent to the use of a furnished residence provided by the state Government throughout his term of office and for a period of fifteen days immediately thereafter”. Provided that the rent payable on the hired accommodation provided by the State Government shall not exceed rupees one lakh only per mensum. Provided further that where any such Minister or Deputy Minister does not use the residence provided by the State Government under this sub-section but desires to reside in any building of his choice including his own building, he shall be paid a house rent allowance of rupees one lakh only per mensum. Provided also that where any such Minister or Deputy Minister resides in any hired accommodation provided by the State Government or in any building of his choice not provided by the State Government or in his own building, he shall be paid a camp office allowance of Rupees five thousand only per mensum.
3. (3) All expenditure for furnishing the residence of the Chief Minister, the Deputy Chief Minister, if any, or any other Minister (or the Deputy Minister) and for the maintenance there of, whether or not such residence is provided by the State Government under this section, shall be borne by the State Government, subject to such rules as may be made by the State Government in this behalf and no charge shall fall on the Chief Minister, Deputy Chief Minister if any, or any other Minister ( or the Deputy Minister) personally in respect of the furnishing and maintenance of such residence.
4. (4) The income-tax payable by the Chief Minister, the Deputy Chief Minister, if any, or any other Minister, in so far as it relates to the salary, allowances and perquisites mentioned in this section shall be borne by the State Government. Explanation:- For the purpose of this section and sections 3-A and 4,5:
   • (a) “residence” include the staff quarters and other buildings appurtenant thereto, and garden thereof: and
   • (b) “maintenance” in relation to a residence includes the payment of such local rates and taxes as are normally be borne by the tenant and the provision of electricity and water.

Salaries and allowances of the Speaker and the Deputy Speaker and the Chairman and the Deputy Chairman and residences to them-

1. (1) There shall be paid to the Speaker and the Deputy Speaker, the Chairman and the Deputy Chairman every month a salary of rupees fourteen thousand, a special allowance of rupees seven thousand, a security car allowance of rupees twenty five thousand and a conveyance allowance of rupees thirty thousand in case a bullet proof motor car is used or rupees fifteen thousand in case any other motor car is used.
2. (2) The Speaker and the Deputy Speaker and the Chairman and the Deputy Chairman shall each be entitled, without payment of rent to the use of a furnished residence provided by the State Government, throughout the term of their respective Offices and for a period of fifteen days immediately thereafter: Provided that the rent payable on the hired accommodation provided by the State Government shall not exceed rupees one lakh per mensem: Provided further that where the Speaker or the Deputy Speaker or the Chairman or the Deputy Chairman does not use the residence provided by the State Government under this sub-section but desires to reside in any building of his choice including his own building, he shall be paid a house rent allowance of Rupees one lakh per mensum. Provided also that where such Speaker or the Deputy Speaker or the Chairman or the Deputy Chairman desires to reside in any hired accommodation provided by the State Government or in any building of his choice not provided by the State Government or in his own building, he shall be paid a Camp Office allowance of rupees five thousand only per mensum.
3. (3) All expenditure for furnishing the residence of the Speaker and the Deputy Speaker and the Chairman and the Deputy Chairman and for the maintenance thereof, whether or not such residence is provided by the State Government under this section shall be borne by the State Government subject to such rules as may be made by the State Government in this behalf and no charge shall fall on the Speaker and the Deputy Speaker and the Chairman and the Deputy Chairman personally in respect of the furnishing and maintenance of such residence. The income Tax payable by the Speaker or the Deputy Speaker, the Chairman and the Deputy Chairman in so far as it relates to the salary , allowances and the perquisites mentioned in this section shall be borne by the State Government.

Salaries and allowances of Parliamentary Secretaries:- There shall be paid to each of the Parliamentary Secretaries , if any, a salary of one thousand per mensum and a consolidated house rent and conveyance allowance of (one thousand rupees per mensum)

Conveyance to be provided for Ministers etc Conveyance to be provided for Ministers etc:- The State Government may, from time to time, provide suitable conveyances for the use of Ministers, (the Deputy Ministers) the Speaker, The Chief Whip in the Assembly, (the Whip in the Assembly), the Deputy Speaker, the Chairman. The Deputy Chairman, the Chief Whip and the Whip in the Council (and the Parliamentary Secretaries) subject to such rules regarding their maintenance and repair as may be made by the State Government: Provided that where any Minister, (Deputy Minister) the Speaker or the Deputy Speaker and the Chairman or the Deputy Chairman does not use the conveyance provided by the State Government under this section, but desires to make use of his own motor car, he shall be paid a motor car allowance of (Thirty Thousand Rupees per mensum). Provided further that where the Chief Whip in the Assembly (or the Whip in the Assembly) and the Chief Whip or the Whip in the Council does not use the conveyance provided by the State Government under this section but desires to use his own motor car, he shall be paid a motor car allowance of (thirty thousand rupees per mensum). ( Provided that whether any Minister, Deputy Minister, the Speaker or the Deputy Speaker, the Chief Whip or the Whip in the Assembly the Chairman or the Deputy Chairman, the Chief Whip or the Whip in the Council desires to make use of his own motor car as aforesaid, he shall be provided with a driver by the Government.)

Travelling Allowance of Ministers, etc . ‘on assuming and relinquishing office:-

1. (1) A Minister or Deputy Minister or the Chief Whip in the Assembly *(or Whip in the Assembly) or the Speaker or the Deputy Speaker or the Chief Whip in the Council or the

Whip in the Council or the Chairman or the Deputy Chairman or Parliamentary Secretary,

shall—

1. (a) in respect of the journey for assuming office, to the City of Hyderabad from his usual place of residence in the State, if it is outside the area comprised in that city and the city of Secunderabad: and
2. (b) in respect of journey on relinquishing office, from the city of Hyderabad to his usual place of residence in State before he assumed office, if such place is outside the area comprised in that city and in the city of Secunderabad be entitled to travelling allowances for himself and the members of family and for the transport of his personal effects, at such rates and upon such conditions as may be determined by the rules made by the State Government. (1-A) Where the Speaker or the Chairman at any time after assuming office in the city of Hyderabad shifts his residence from the city of Hyderabad to his usual place of residence in the State before he assumed office, he shall, in respect of the journey made by him in

that behalf, be entitled to Travelling allowance for himself and the members of his family

and for the transport of his personal effects, as such rates and upon such conditions as may be determined by the rules made by the State Government.

1. (2) Omitted. Explanation:- For the purpose of this section, the expression “the State” shall include the territories specified in sub-section
2. (1) of section 3 of the State Re-organisation Act, 1956(Central Act No.

Travelling and daily allowance of Ministers etc Travelling and daily allowance of Ministers etc:-

1. (1) The holders of the offices referred to in sections 3 to 5 shall, in respect of their tours, be entitled to travelling and daily

allowances to such rates and upon such conditions as may be determined by rules made

by State Government .

1. (2) Omitted.

Ministers etc., and their families to be entitled to free accommodation in State hospitals and to free medical treatment in State hospitals and medical treatment elsewhere at Government Cost:-subject to such conditions as may be determined by rules made by the State Government , a Minister, the Speaker, the Deputy Speaker, the Chairman and the Deputy Chairman and the members of his family shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical treatment therein, and also, at the cost of the State Government , to medical treatment in any hospital elsewhere either within or outside India, and to the provision of artificial limbs, hearing aids, and the like: * provided that the cost to be borne by the State Government in respect of medical treatment ,-

1. (a) in any hospital within or outside India, shall not exceed such sum as may be specified in the rules made by the State Government in this behalf, inclusive of the fare for air passage and expenditure towards personal attendant, in case where facility for such treatment is available in any hospital within India; or
2. (b) in any hospital outside India shall not exceed the actual expenditure incurred for such treatment and the fare for air passage of both the person treated and the personal attendant, in case where facility for such treatment is not available in any hospital within India.

Removal of certain disqualifications – No person shall be disqualified for being chosen as or for being a member of the Andhra Pradesh Legislative Assembly or the Legislative Council on the ground only that the holds any of the offices specified in the Schedule to this Act.

Salaries and allowances of members of the Legislative Assembly and the Legislative Council –

1. (1) Every member of the Andhra Pradesh Legislative Assembly or the Legislative Council who does not hold any of the officers referred in sections 3 to 5 and sections 12-A and 12-B shall be entitled to receive,-
   • (a) a salary of Rs12,000/- (Rupees Twelve Thousand only) per mensum ;
   • (b) Omitted.
   • (c) travelling, daily and other allowances at such rates and upon such conditions as may be determined by rules made by the State Government. (1A) Every member referred to in sub-section
2. (1) shall be provided, at his or her option , either with railway coupons enabling to travel in the first class up to a maximum distance of 70,922 Kms. (Seventy thousand Nine hundred and Twenty Two Kilometres) in a year or with such lump sum amount of Rs. 1,00,000/- per year (Rupees One lakh only) at the stage of 800 Kilometres according to the fair fixed for each Kilo meter travelled, up to 70,922 Kms (Seventy Thousand Nine Hundred and Twenty Two Kilometres) and such member or his or her spouse shall be entitled to travel either singly or together with spouse or with any other person by any railway in India. Provided that the lump sum amount so specified above shall be paid to each such member in two equal instalments, one in the first half of the year and the other in the second half of the year subject to such rules as may be made in this behalf. (1-B) – Every member referred to in sub-section (1), and his or her spouse shall, subject to such rules as may be made by the State Government in this behalf, be entitled to travel either singly or together with spouse or with any other person in any stage carriage vehicles operated by the Andhra Pradesh State Road Transport Corporation on any route. ( Provided that if such member is un-married or has no spouse living he shall be entitled to travel under this sub-section, together with any other person)
3. (2) The salary referred to in clause
   • (a) of sub – section
4. (1) shall accrue to a member from the data on which he is declared duly elected or if such declaration is made before the vacancy occurs from the data of occurrence of the vacancy;

Relinquishment of Salaries and allowances and cancellation thereof Relinquishment of salaries and allowances and cancellation thereof :-

1. (1) Any person entitled to any salary or allowance under this Act may relinquish the whole or any portion thereof
   • (a) in the case of a Minister or a Deputy Minister or the Chief Whip in the Assembly (or the Whip in the Assembly ) or the Chief Whip in the Council or the Whip in the Council or a Parliamentary Secretary within two months from the date on which he enters upon office as such;
   • (b) in the case of the Speaker or Deputy Speaker or the Chairman or the Deputy Chairman within one month from the date on which he is chosen for the office;
   • (b) (b) Omitted
   • (c) in the case of a member of the Andhra Pradesh Legislative Assembly the Legislative Council within one month from the date on which he makes and subscribes the oath or affirmation referred to in article 188 of the Constitution.
2. (2) Any relinquishment made by any of the persons referred to in sub-section
3. (1) in respect of any allowance may be cancelled by him if and only if the rules relating to that allowance are so revised as to alter the amount of the allowance to which he would have been entitled but for the relinquishment.
4. (3) Every relinquishment or cancellation made in pursuance of sub-section
5. (1) or
6. (2) shall be made in writing and shall take effect at such time and subject to such conditions as may be determined by rules made by the State Government.

Power of State Government to make rules :- ( 1) The State Government may make rules for carrying out the purpose of the Act and any rule made under this sub-section may be made so as to have retrospective effect.

1. (2) All rules made under this Act shall have effect as if enacted in the Act.
2. (3) Every rule made under this Act , shall immediately after it is made , be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified in the Andhra Pradesh Gazette have effect only in such modified form or shall stand annulled as the case may be , so however, that any such medication or annulment shall be without prejudice to the validity of anything previously done under that rule.

Saving – Nothing in this Act shall prevent a retired Government servant from drawing his pension in addition to any salary or allowance to which he may be entitled under this Act.

Repeal of Andhra Ordinance 1 of 1953:- The Andhra Pradesh Payment of Salaries and Removal of Disqualifications Ordinance, 1953 (Andhra Ordinance No. 1 of 1953) is hereby repeated.

Special provision in respect of conveyance, house rent allowance etc, in respect of Deputy Speaker and Deputy Chairman during certain period Not-withstanding anything contained in the Act,-

1. (a) during the period between the 26th March , 1974 and up to the commencement of the Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications (Amendment) Act, 1979 (hereinafter referred to as the said Act) the Deputy Speaker and during the period between the 4th July , 1974 and up to the Commencement of the said Act, the Deputy Chairman, shall each be paid a conveyance allowance of six hundred rupees per mensum.
2. (b) during the period between the 26th March, 1974 and up to the commencement of the said Act , the Deputy Speaker and during the period between the 4th July, 1974 and up to the commencement of the said Act, the Deputy Chairman shall each be entitled without payment of rent to the use of furnished residence provide by the State Government. Provided that where the Deputy Speaker or the Deputy Chairman does not use the residence provided by the State Government, he shall be paid a house rent allowance of three hundred rupees per mensum; ( c) all expenditure for furnishing the residence of the Deputy Speaker during the period between the 26th March, 1974 and up to the commencement of the said Act or the Deputy Chairman during the period between the 4th July, 1974 and up to the commencement of the said Act, and for the maintenance there of whether or not such residence is provided by the State Government under clause
3. (b) shall be borne by the Government subject to such rules as may be made by the State Government in this behalf and no charge shall on the Deputy Speaker or the Deputy Chairman personally in respect of the furnishing and maintenance of such residence.
4. (d) during the period between the 1st September, 1977 and up to the commencement of the said Act, when the Deputy Speaker or the Deputy Chairman performs the functions of the office of the Speaker or the Chairman, as the case may be when the office of the speaker or the Chairman during any period is vacant, the Deputy Speaker or the Deputy Chairman shall be paid a conveyance allowance of one thousand rupees per mensum in lieu of conveyance allowance payable to him under clause (a)