The Madhya Pradesh Vidhan Mandal Neta Pratipaksha (Vetan Tatha Bhatta) Adhiniyam, 1980

1. (1) This Act may be called the Madhya Pradesh Vidhan Mandal Neta Pratipaksha (Vetan Tatha Bhatta) Adhiniyam, 1980.
2. (2) It shall come into force at once.

In this Act,-

1. (a) "Neta Pratipaksha" means that member of the Madhya Pradesh Legislative Assembly who is, for the time being, the leader in the Legislative Assembly of the party in opposition to the State Government having the greatest numerical strength and recognised as such by the Speaker of the Legislative Assembly; Explanation.--Where there are two or more parties in opposition to the State Government in the Assembly having the same numerical strength, the Speaker of the Assembly shall having regard to the status of the parties, recognise any one of the leaders of such parties as Neta Pratipaksha for the purposes of this section and such recognition shall be final and conclusive.

Salary of Neta Pratipaksha.—[As specified in the Schedule]

Sumptuary allowance to Neta Pratipaksha.—

1. (1) There shall be provided to the Neta Pratipaksha sumptuary allowance of such amount as may be prescribed: Provided that the State Government may by notification increase the amount of sumptuary allowance from time to time.
2. (2) In sub-section
3. (2) of Section 4 for the words "of Eight Thousand per mensem" the words "as specified in the Schedule" shall be substituted.
4. (3) In sub-section
5. (3) of Section 4 for the words "of One Thousand One Hundred per day" the words "as specified in the Schedule" shall be substituted.

Residence for Neta Pratipaksha.-

1. (1) The Neta Pratipaksha shall be entitled to a free furnished office cum residence at Bhopal without payment of rent.
2. (2) If the Neta Pratipaksha does not avail of the benefit of sub-section (1), he shall, in lieu thereof, be entitled to a house rent allowance equal to twenty per centum of the salary payable to him under section 3.
3. (3) In addition to a free furnished office cum residence at Bhopal under sub-section (1), the Neta Pratipaksha shall also be entitled to the use of a furnished office cum residence without payment of rent at any other place which the State Government may from time to time, for the purpose of this Act, declare to be the place of official residence of the Neta Pratipaksha, so long as such declaration remains in force.
4. (4) [Omitted by Act No. 19 of 2002]
5. (5) The annual expenditure to be incurred in respect of up keep, annual repairs and maintenance and furnishing of the office cum residence and garden provided under sub-section
6. (1) shall be subject to such monetary limits as may be laid down in the rules made in this behalf by the State Government. Explanation.- For the purposes of this section "office cum residence" includes the staff quarters and other buildings appurtenant thereto, and the garden thereof and "maintenance" in relation to an office cum residence includes the payment of local rates and taxes and the proviso of electricity and water.

1. (1) There shall be provided to the Neta Pratipaksha for his use a motor vehicle purchased and maintained at public expense in accordance with rules to be made by the State Government in that behalf.
2. (2) The State Government shall also provide at Public expense two chauffeurs for the motor vehicle, and also supply for the motor vehicle, motor fuel consumed for journeys (other than journeys for which travelling allowance is admissible) performed by the motor vehicle subject to a maximum of three hundred and fifty litres per month.

1. (1) There shall be paid to the Neta Pratipaksha a medical allowance of five hundred rupees per mensem.
2. (2) In addition to the medical allowance payable under sub-section
3. (1) the Neta Pratipaksha and the members of the family of the Neta Pratipaksha shall be entitled to medical attendance and treatment, free of charge, on the scale of and conditions applicable to the members of the All India Services and member of their families under the rules relating to medical attendance and treatment, made from time to time, under the All India Services Act, 1951 (LXI of 1951). Explanation.—In this section "medical attendance and treatment" means medical attendance and treatment on admission as a indoor patient.

A Neta Pratipaksha shall not, during the tenure of his office for which he draws salary and allowances under this Act,—

1. (a) practice any profession or engage in any trade or undertake for remuneration any other employment; and
2. (b) draw salary and allowances and be entitled to any other facilities as a member under the Madhya Pradesh Vidhan Sabha Sadasya Vetan, Bhatta Tatha Pension Adhiniyam, 1972 (No. 7 of 1973).

1. (1) The Neta Pratipaksha shall in accordance with the rules made in this behalf by the State Government, be entitled to,—
   • (a) travelling allowance for himself and the members of his family dependent upon him and for the transport of his and his family's effects,—
     • (i) in respect of the journeys to Bhopal from his usual place of residence out of Bhopal for assuming office ; and
     • (ii) in respect of the journey from Bhopal to his usual place of residence out of Bhopal on relinquishing office ; and
   • (b) travelling and daily allowance in respect of tours undertaken by him,—
     • (i) in the discharge of his duties as the Neta Pratipaksha ; and
     • (ii) in the discharge of his duties as a member of a committee for attending a meeting of that committee.
2. (2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof.
3. (3) In addition to travelling and daily allowances payable in respect of tours specified in clause
   • (b) of sub-section (1), the Neta Pratipaksha shall be entitled without payment of any charge, to accommodation in, and provision of electricity at, Circuit houses and Rest houses maintained by the State Government, for the period of his stay during such tours.

1. (1) The Neta Pratipaksha shall during the term of his office be entitled to have a telephone installed at Government cost at the place of his residence under section 5.
2. (2) No charge shall fall on the Neta Pratipaksha personally, in respect of installation of, initial deposit for, rental charges for maintenance of, and any other charges whatsoever in respect of, telephone installed under sub-section (1).
3. (3) The Neta Pratipaksha shall be entitled to such number of free calls to the same extent to which a Member is entitled under the rules made by the State Government in this behalf from time to time.

Provision of secretariat facilities.-There shall be provided to the Neta Pratipaksha a secretariat staff consisting of one Private Secretary, one Stenographer, one Upper Division Clerk, one Lower Division Clerk and one Peon.

Allowances and perquisites to be tax free.-(1) All allowances payable; and

1. (2) furnished residence without payment of rent and other facilities admissible; to the Neta Pratipaksha under this Act shall be exempt from tax and shall be payable by the State Government as if the income accruing therefrom to the Neta Pratipaksha were not his only income for the purposes of calculation thereof.

Notification respecting the date on which person became or ceased to be Neta Pratipaksha to be conclusive evidence thereof. — The date on which any person becomes or ceases to be the Neta Pratipaksha shall be notified in the Gazette and any such notification shall be conclusive evidence of the fact that he became or ceased to be the Neta Pratipaksha on that date.

1. (1) The State Government may, by notification, make rules for carrying the purposes of this Act.
2. (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 monetary limit of the annual expenditure to be incurred in the up keep, annual repairs and maintenance of the residence and garden under sub-section
3. (5) of Section 5;
   • (b) purchase and maintenance of a motor vehicle to be provided to the Neta Pratipaksha under Section 6;
   • (c) travelling and daily allowance admissible to the Neta Pratipaksha under Section 9;
   • (d) duties of the Neta Pratipaksha for purpose of Section 9;
   • (e) any other matter which is to be or may be prescribed.
4. (3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act but no retrospective effect shall be given so as to prejudicially affect the existing interests of the Neta Pratipaksha.
5. (4) All rules made under this Act shall be laid on the table of the Legislative Assembly.

In the Madhya Pradesh Vidhan Mandal Sadasya Nirarhata Nivaran Adhiniyam, 1967 (No. 16 of 1967), in the Schedule, for item 16 and Explanation, the following item and Explanation shall be substituted, namely :-

"16. The office of the Neta Pratipaksha in the Madhya Pradesh Legislative Assembly.

Explanation.---For the purpose of item 16, the Neta Pratipaksha shall have the meaning assigned to it in the Madhya Pradesh Vidhan Mandal Neta Pratipaksha Adhiniyam, 1980".

In the Madhya Pradesh Vidhan Sabha Sadasya Vetan, Bhatta Tatha Pension Adhiniyan, 1972 (No. 7 of 1973),--

1. (i) in clause

1. (b) of Section 2 ,-
2. (a) in sub-clause (iv), the word "and" at the end shall be omitted ;
3. (b) after sub-clause (iv), the following sub-clause shall be inserted, namely :- "(iv-a) the Neta Pratipaksha as defined in the Madhya Pradesh Vidhan Mandal Virodhi Dal Ka Neta (Vetan Tatha Bhatta) Adhiniyam, 1980 ;"
   • (ii) in sub-section

1. (4) of Section 6-A, in clause (iii), after the words "or as both" the words "or as Neta Pratipaksha as defined in the Madhya Pradesh Vidhan Mandal Virodhi Dal Ka Neta (Vetan Tatha Bhatta) Adhiniyam, 1980" shall be inserted, and SECTION 6 shall be omitted.

| Section | Pay/Allowance Particular | Amount | | :--- | :--- | :--- | | (1) | (2) | (3) | | Section 3 | Salary of Neta Pratipaksha | Rupees 45,000 per mensem | | Section 4 (2) | Constituency allowance to the Neta Pratipaksha | Rupees 70,000 per mensem | | Section 4 (3) | Daily allowance to the Neta Pratipaksha | Rupees 2,500 per day |