The Gujarat Legislative Assembly Members’ Salaries and Allowances Act, 1960

(1) This Act may be called the Gujarat Legislative Assembly Members’ Salaries and Allowances Act, 1960. (2) It shall come into force on the 1st day of May, 1960.

(1) In this Act unless there is anything repugnant in the subject or context:— (a) "Assembly" means the Gujarat Legislative Assembly; (b) "Committee" means a Committee of the Assembly; (c) "Member" means a Member of the Assembly; (d) "Minister" and "Deputy Minister" mean respectively a Minister and Deputy Minister of the Government of Gujarat, and "Minister" includes (i) the Chief Minister, (ii) the Deputy Chief Minister, and (iii) a Minister of State; (e) "Parliamentary Secretary" means a Parliamentary Secretary to a Minister; (f) "Speaker" means the Speaker of the Assembly; (g) "term of office" in relation to a Member means the period beginning with the date when such Member takes his seat in the Assembly and ending with the date on which his seat becomes vacant: Provided that in the case of Members of the Bombay Legislative Assembly who are by virtue of section 15 of the Bombay Reorganization Act, 1960, deemed to have been elected to the Gujarat Legislative Assembly the period of their term of office shall for the purposes of this Act be deemed to begin with the 1st day of May, 1960.

(1) There shall be paid to each Member during the whole of his term of office, a basic salary per month at the rate of minimum basic pay payable to the Deputy Secretary of the State Government in Sachivalaya. (1A) Notwithstanding anything contained in sub-section (1), there shall be paid to each Member 30 per cent. less basic salary per month for a period of twelve months commencing from the 1st April, 2020. (2) There shall be paid to each Member during the whole of his term of office per month, the dearness allowance on the amount of the basic salary referred to in sub-section (1) at such rate as is being paid to the employees of the State Government from time to time.

There shall be paid, subject to such rules or orders as may be made under section 10 in this behalf, (a) to each Member, to whom clause (b) does not apply, a daily allowance at the rate of Rs. 1,000 for each day of the period of residence for the purpose of attending the session of the Assembly or the meeting of a Committee or the business connected with Member's duties as Chairman of a Committee, as the case may be, at the place where such session or meeting is held or such business is transacted, (b) to each member who ordinarily resides or carries on business at the place where such session or meeting is held or the business connected with the Member's duties as Chairman of a Committee is transacted, a daily allowance at the rate of Rs. 1,000 for each day on which he attends such session, meeting or business: Provided that where a member attends such session, meeting or business immediately before or immediately after a break of not more than four days between any two successive meetings, such break shall be deemed— (i) in the case of a Member to whom clause (a) applies to be the period of residence at the place where such session or meeting is held or such businesses is transacted, (ii) in the case of a Member to whom clause (b) applies, to be the days of attendance of such session or meeting or business. [(ii) subject to the provisions of sub-section (2) of section 6, for a journey by road, sea or river whether in addition to the journey by railway or steamer, or otherwise, at such rate per kilometre as may likewise be determined:] Provided that nothing in this sub-section shall entitle a Member to travelling allowance, if such Member ordinarily resides or carries on business at the place where such session or meeting is held [ or such business is transacted]: [Provided further that where a member travels by railway in accordance with the facilities under section 5B he shall be entitled only to a travelling allowance of an amount equal to [one half first class fare] for the distance travelled.] [* * * * * *]

(1) There shall be paid to each Member a travelling allowance for a journey undertaken for the purpose of attending the session of the Assembly or a meeting of a Committee to the place where such session or meeting is held or for the purpose of transaction of any business connected with his duties as Chairman of a Committee to the place where such business is transacted and for the return journey from such place— (i) for a journey by railway or steamer at the rate of one and one half of the fare of such class provided thereon, as may be determined by rules or orders made under section 10, and

There shall be paid to the Chairman or a member of a Committee in respect of a journey performed by him in the course of a tour in any part of India, undertaken in the discharge of his duties as such Chairman or member, daily and travelling allowance at the same rates as are provided for in sections 4 and 5.

Every member shall, with effect from such date as may be notified by the State Government in the Official Gazette, be provided with facilities which shall entitle him at any time to travel by [first class or by second class air conditioned ] by any railway in any part of the State of Gujarat [ and in any part of India ] in such manner and subject to such conditions as may by rules or orders be prescribed in that behalf: Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by a member singly or jointly with his spouse, [and two other members] of his family residing with and dependent on him, so however that the total distance so traveled by the member singly in any year does not exceed [10,000] kilometres and the total distance so travelled jointly by the member and his spouse [and two other members] of his family residing with and dependent on him in any year does not exceed [20,000] kilometres. Explanation.- For the purpose of calculating the number of kilometres travelled by a member jointly with his spouse [and two other members] of his family residing with and dependent on him outside the State of Gujarat, the number of kilometres travelled by him and by his spouse [and two other members] of his family residing with and dependent on him shall be counted separately.

(1) Every Member shall [on the production of identity card, be entitled] to travel at any time in any part of the State of Gujarat by such road transport service, in such class of accommodation, and subject to such conditions, as may be determined by rules or orders made under section 10. (2) Where a Member travels on [such identity card] for a purpose mentioned in sub-section (1) of section 5 he shall be paid travelling allowance at such rate per kilometre as may be determined by rules or orders made under section 10. (3) Every Member shall, with effect from such date as may be notified by the State Government in the Official Gazette, be provided with facilities which shall entitle him at anytime to travel by road transport service in any part of India outside the State of Gujarat in such manner and subject to such conditions as may, by rules or orders be prescribed in that behalf: Provided that such travel by road transport service in any part of India outside the State of Gujarat may be availed of by a member singly or jointly with his spouse [ and two other members ] of his family residing with and dependent on him subject to the limitation specified in the proviso to section 5B.

(1) Where a member has a telephone installed at the place where he ordinarily resides or at any other place in the State of Gujarat which is also used by him for residence, the rental charges in respect of such telephone shall be borne by the State Government. (2) There shall be paid to every member a sum of Rs. 7,000 per month to meet with the telephone expenses including that of the mobile phone.

Where a member travels jointly with his spouse [ and two other members] of his family residing with and dependent on him in any part of the State of Gujarat either by railway or by road transport service such [spouse and the members] of his family shall be entitled in respect of such travel to the same facility of free transit by railway or as the case may be, free transit by road transport service as such member is entitled under section 5B or, as the case may be, sub-section (1) of section 6.

Any member may undertake or perform journey alongwith co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occasions in each year: Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the member.

Notwithstanding anything contained in this Act, a person on ceasing to be a Member, shall be entitled- (a) for the day next succeeding the day on which he ceased to be a Member, to daily allowance at the rates provided for in section 4, and (b) for the return journey, to travelling allowance at the rate provided for in section 5 for such journey.

(1) A member [* * * *] shall be entitled to residential accommodation on such scales and on such conditions as may be determined by rules or orders. [* * * * * * *] (2) There shall be paid to every Member a sum of Rs. [20,000] per month towards the cost of services of a personal assistant that may be incurred by him as such Member. [* * * * * * *] [* * * * * * *] (5A) There shall be paid to every Member a sum of `[5,000] per month to meet with the cost of [postal and stationery charges] that may be incurred by him as such member. (6) A member shall be entitled to such other facilities, as may be determined by rules or orders. Explanation:- [(l)]- In this section "rules" and "orders" mean rules or orders respectively made under section 10.

Any sum due to the State Government from a member in respect of any amenity or facility provided to him under section 8, if not paid by the member, may be recovered from him by making a deduction from the amount of the salary or other allowances payable to him under this Act.

Notwithstanding anything contained in this Act, a Minister or Deputy Minister, the Speaker or the Deputy Speaker, Leader of the Opposition, a salarised Parliamentary Secretary or a Government Chief Whip shall not be entitled to any salary, allowances, or provisions for residential accommodation under this Act, by reason of the fact that Minister, Deputy Minister, Speaker, Deputy Speaker, Leader of the Opposition, salarised Parliamentary Secretary or a Government Chief Whip is a member of the Assembly.

(1) (a) For the purpose of making rules or orders under this section, there shall be constituted a Committee consisting of ten Members from the Assembly nominated by the Speaker. The Chairman of the Committee shall be appointed by the Speaker from amongst the Members thereof. (b) the Committee constituted under clause (a) shall have power to regulate its procedure. (c) A Member of the Committee shall hold office as such Member for one year from the date of his nomination and any casual vacancy in the Committee may be filled by nomination by the Speaker. (d) The Committee constituted under clause (a) may, in consultation with the State Government, make rules or orders for carrying out the purposes of this Act. (e) Any rules or orders made under clause (d) shall be approved and confirmed by the Speaker and shall be published in the Official Gazette; and such publication of the rules or orders shall be conclusive proof that they have been duly made. (1A) Until a Committee is constituted under sub-section (1), the State Government in consultation with the Speaker, may make rules or orders for carrying out the purposes of this Act and any rule or order so made shall continue in force until superseded by any rule or order made by the committee under sub-section (1). (2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1st day of May 1960. (3) Rules or orders made under this section shall have effect as if enacted in this Act.

The Gujarat Legislative Assembly Members' Salaries and Allowances Ordinance, 1960 and the Gujarat Legislative Assembly Members' Salaries and Allowances (Amendment) Ordinance, 1960 are hereby repealed and the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904 shall apply to such repeal as if those Ordinances were enactments.