The Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971

1. (1) This Act may be called the Himachal Pradesh Legislative Assembly (Allowances and Pension] of Members) Act, 1971.
2. (2) It shall be deemed to have come into force with effect from the 25th January, 1971 [but section 4-A shall be deemed to have come in to force on the 1st July, 1963].

In this Act, unless there is anything repugnant in the subject or context,

1. (a) "Assembly" means the Legislative Assembly of Himachal Pradesh;
2. (b) "Committee" means a Selection Committee or Committee of the Assembly and includes any Committee appointed by the State Government for a purpose connected with the business of the Government;
3. (c) "members" means a member of the Assembly, other than a Minister Deputy Minister, Speaker and Deputy Speaker;
4. (d) "Meeting" means a meeting of the Assembly or of a Committee thereof;
5. (e) "prescribed" means prescribed by rules made under this Act [:;]
6. (f) "Speaker" means the Speaker of the Assembly [;XXXX] [(g) "Territorial Council" means the Council that existed in Himachal Pradesh during the absence of the Assembly from 1957 to 1963] [; and] [(h) "Governor" means the Governor of Himachal Pradesh.]

1. (1) Subject to the conditions herein contained, there shall be paid to each member a [salary at the rate of [eight thousand] rupees] per mensem with effect from the commencement of this Act or [from the date on which he is declared duly elected under the Representation of the People Act, 1951 (Act No. 43 of 1951), or if such declaration is made before the vacancy occurs, from the date of occurrence of vacancy], which is later. (1-A) The salary of a member shall be increased after every five years commencing from 1st April, 2030 on the basis of Cost Inflation Index provided under clause
   • (v) of Explanation to section 48 of the Income Tax Act, 1961 (43 of 1961).
2. (2) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
3. (3) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
4. (4) Notwithstanding anything hereinbefore contained no [salary and] compensatory allowance shall be paid to any member in respect of any period during which he was under legal detention under any law for the time being in force. [Explanation.- The legal detention for this purpose does not include detention under any law relating to preventive detention.]
5. (5) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

1. (1) Subject to such conditions and limitations as may be imposed by rules made under this Act, there shall be paid to each member:-
   • (i) such travelling allowance as may be prescribed;
   • (ii) a halting allowance at the rate of [two thousand five hundred] rupees per day for each day of attendance at a meeting of the Assembly or committee or in respect of journeys undertaken under the orders of the Speaker for any other business anywhere connected with his duties as a member: Provided that if a member has been ordered to absent himself from a meeting or meetings of the Assembly under the Rules of Procedure and Conduct of Business in the Himachal Pradesh Legislative Assembly for the time being in force, he shall not be entitled to get allowance for such period of absence: Provided further that a member shall also be entitled to halting allowance,-
   • (a) where he arrives for attending a meeting of the Assembly one or two dates earlier to the date on such meeting, or departs from the place of such meeting one or two days immediately after the date on which the Assembly is adjourning sine die for such one or two days, as the case may be, of arrival and departure; and
   • (b) where he arrives for attending a meeting of a Committee one day earlier to the date of such meeting or departs from the place of such meeting one day immediately after the conclusion of the business of the Committee, for such one day of arrival and departure;
     • (iii) an incidental allowance at the rate of five rupees for the day of departure from and an incidental allowance at the rate of five rupees for the day of arrival at the usual place of residence of the member when he leaves his usual place of residence to attend a meeting and returns thereto after the meeting. [Explanation-I.- Halting allowance shall be admissible to a member for each day of such arrival and such departure irrespective of the time of arrival and departure.] [Explanation-II.- A break of less than four days between two successive meetings of the Assembly or Committee shall be deemed to be a day or days of attendance for a member, who does not leave the place of the meeting during such break:] Provided that nothing in this section shall entitle any member to travelling [XXXXXXXX] allowance if such person ordinarily resides or carries on business at any place within [eight kilometres] of the place at which his attendance is required in connection with his duties as member.
2. (2) A member who does not wish to draw the halting allowance at the rate of [four hundred] rupees per day as provided in sub-section (1), shall be entitled to an allowance at the rate of twenty-five rupees for each day during any period of residence on duty from the 25th day of January, 1971, till the dissolution of the existing Assembly and in such case the provisions of clauses
   • (ii) and
   • (iii) of sub-section
3. (1) shall not apply. Explanation-I.- For the purpose of this sub-section "period of residence on duty" means the period during which a member resides at a place where a session of the Assembly or a sitting of the Committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business, and includes, except in the case of a member who ordinarily resides at a place where a session of the Assembly or a sitting of the Committee is held or where any other business connected with his duties as such is transacted-
   • (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 succeeding the date on which the Assembly is adjourned sine die or for a period exceeding seven days; and
   • (ii) in the case 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 succeeding the conclusion of the business of the Committee or other business. Explanation-II.- Daily allowance shall be admissible to a member for each day of residence on duty irrespective of the time of arrival and departure. 4-A. Regularisation of travelling allowance with effect from 1st July 1963 to 24th January,
4. (1) There shall be paid travelling allowance to each member in respect of every journey performed by road for the purpose of attending session of the Assembly or a meeting of a Committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence at the rate of fifty-five paise per kilometre from the 1st day of July, 1963 to 24th day of January, 1971.
5. (2) No member shall be entitled to claim any arrears with respect to the period mentioned in sub-section (1). 4-B. Constituency and Office Allowance
6. (1) There shall be paid to each member a constituency allowance at the rate of one lakh twenty thousand rupees per mensem.
7. (2) There shall be paid to each member an office allowance at the rate of ninety thousand rupees per mensem. 4-C. Advance of loan to members for purchase of motor car There may be paid to each member by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for he purchase of motor-car, so that he may be able to discharge conveniently and efficiently the duties of his office as member. 4-D. House building advance
8. (1) [There may be paid to a member] by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf for the construction of a house or for the purchase of a built-up house:] [ Provided that if a member, including a Minister, Deputy Minister, Speaker and Deputy Speaker has received half of the amount of advance and ceases to be the Member of the State Legislative Assembly, he shall be entitled to receive the balance amount of advance admissible to him, irrespective of the fact that he has ceased to be the Member of the Legislative Assembly.] [(2) Where a member having obtained house building advance for the construction of a house or for the purchase of a built-up house under sub-section
9. (1) dies and the Governor is satisfied that the pecuniary condition of the family of the deceased is such that the amount advanced cannot be repaid by the family of the deceased, the amount of such advance or any part thereof which would have accrued after the date of his death in accordance with the terms and conditions of the grant of the advance alongwith interest thereon may be written off with the sanction of the Governor.] [Explanation I.- The expression "construction of a house" for the purpose of this section, shall include addition to, alteration in, renovation of or repairs of a house.] [Explanation II.- For the purpose of this sub-section, the expression "member shall also mean and include the ex-members of the Assembly.] 4-E. House building advance to ex-members There may be paid to such ex-members, who have not availed the facility of house building advance as a member, by way of repayable advance, such sum of money, subject to such conditions, as may be determined by rules made in this behalf: for the construction of a house or for the purchase of a built up house. 4-F. Advance of loan for purchase of motor car There may be paid to such ex-members, who have not availed the facility of motor car advance as a member, by way of repayable advance, such sum of money, subject to such conditions, as may be determined by rules made in this behalf: for the purchase of motor car.

A member shall be entitled to such residential accommodation on concessional rates at the place of sitting of the Assembly as may be prescribed by rules under section 7.

1. (1) Each member during the term of his office shall be entitled to travel at any time, by railway or by air or by State Transport Undertaking by any class within or outside the Country or by taxi outside the State and within the Country alongwith his family or any person accompanying him to look after and assist him during travel and shall be entitled for the reimbursement of actual expenses so incurred on production of tickets or bills of such journey performed, subject to maximum amount of six lakh rupees in each financial year: Provided that the member while on official tour shall also be entitled for the reimbursement of actual expenses so incurred by his family or any other person accompanying him to look after and assist him during travel by air or by rail or by public transport or by taxi on production of tickets or bills for such journey performed: Provided that the expenses of journey by taxi shall be on actual basis but per kilometer charges shall not exceed twenty five rupees and shall be within the maximum limit of six lakh rupees: Provided further that the aggregate amount payable for the journey performed by railway or by air or by public transport or by taxi in a financial year shall not exceed six lakh rupees. Explanation.—For the purpose of this sub-section, expression “family” shall mean the spouse, their unmarried sons and daughters including unmarried adopted son and daughter.
2. (2) Each member during official tour shall be entitled for an advance not exceeding rupees fifty thousand on his request to undertake such journey and the advance so paid shall be adjusted before the closing of financial year, failing which the entire advance shall be recovered from his salary and allowances in lump-sum. Explanation.—For determining the aggregate amount so incurred on such journey under this section, the amount so incurred in the same financial year by journey performed by railway or by air or by taxi under section 7 of the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 2000 (11 of 2000), or under section 10-A of the Himachal Pradesh Legislative Assembly Speaker’s and Deputy Speaker’s Salaries Act, 1971 (4 of 1971) shall be taken into account.
3. (3) Each member shall be provided with two free non-transferable passes which shall entitle him and his wife or any other person accompanying him to look after and assist him during travel at any time without payment or fare and passenger tax thereon by any public service vehicle of the Himachal Road Transport Corporation.
4. (4) The free passes issued to a member under sub-section
5. (1) shall be valid for the terms of his office and on the expiration of such term these shall be surrendered by him to the Secretary of the Himachal Pradesh Legislative Assembly.
6. (5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act or rules made thereunder. 6-A. Free transit facility by railway or by air or by State Transport Undertaking or by taxi to ex-members An ex-member shall be entitled to travel at any time by railway or by air or by State Transport Undertaking by any class within or outside the country or by taxi outside the State and within the Country alongwith his Family or any person accompanying him to look after and assist him during travel and shall be entitled for the reimbursement of actual expenses so incurred on production of tickets or bills of such journey performed, subject to maximum amount of three lakh rupees in each financial year: Provided that the expenses of journey by taxi shall be on actual basis but per kilometer charges shall not exceed twenty five rupees and shall be within the maximum limit of three lakh rupees: Provided further that the aggregate amount payable for the journey performed by railway or by air or by State Transport Undertaking or by taxi in a financial year shall not exceed three lakh rupees. Explanation.—For the purpose of this section, expression "Family" shall mean the spouse, their unmarried sons and daughters including unmarried adopted son and daughter. 6-AA. Compensatory constituency, secretarial postal facilities and telephone allowance and other perquisites to be exclusive of income tax The [salary and compensatory], constituency, secretarial, postal facilities and telephone allowances payable to a Member and other perquisites admissible to him, under this Act, shall be exclusive of the income tax which shall be payable by the State Government. Explanation.- The amount of income-tax payable by the State, would be first slab of the income assessed for income tax i.e. in assessing this amount, the other sources of income of the member concerned shall not be taken into consideration. 6-B. Pension
7. (1) There shall be paid a pension of fifty thousand rupees per mensem to every person who has served for any period up to five years as,-
   • (a) a member of Assembly; or
   • (b) a member of the Territorial Council; or
   • (c) partly as a member of the Assembly and partly as a member of the Territorial Council; or
   • (d) a member of-
     • (i) the Legislative Assembly of the erstwhile State of Patiala and east Punjab States Union; or
     • (ii) the Legislative Assembly of the erstwhile Punjab State; or
     • (iii) the Legislative Council of the erstwhile Punjab State; or
     • (iv) partly as a member of the one and partly as a member of the other; who has been elected or nominated to represent the whole or the part of the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966. (1-A) The pension of a member for the first term shall be increased after every five years commencing from 1st April, 2030 on the basis of Cost Inflation Index provided under clause
     • (v) of Explanation to section 48 of the Income Tax Act, 1961 (43 of 1961). ... (5-A) Notwithstanding anything to the contrary contained in this section where a person would have been entitled to draw pension under sub-section
8. (1) or sub-section (1-A) of this section but for his death before the 7th day of February, 1989 he could not draw such pension, his spouse, minor children or un-married daughters shall be entitled to draw pension under sub-section (5), as if such person was alive on the 7th day of February, 1989.
9. (6) Notwithstanding anything to the contrary contained in this section, where a person would have been entitled to draw pension, under sub-section
10. (1) but for his death before the 31st day of December, 1976 he could not draw such pension-
    • (i) his/ her spouse during his/her life time or till he/ she remarries ; or
    • (ii) if such a person leaves no spouse, his/ her minor children till they attain the age of majority and in case of daughters till they get married ; shall be entitled to draw pension equal to a sum which would have been drawn by such a person as pension under this section as if such person was alive on the 31st day of December, 1976 or the sum of rupees three hundred and Seventy five per mensem, whichever is higher ; Provided that the upper limit of rupees three hundred and seventy five shall not apply for the pension under this sub-section for the period from the 24th day of January, 1986 to the 31st day of March, 1988: Provided further that where more than one person becomes entitled to pension under this sub-section, all such person shall draw the said pension in equal shares.
11. (7) Every person who draws pension/family pension or is entitled to draw pension family pension shall, in addition to the pension/family pension admissible under this section, be paid dearness relief in pension at the same rates as is admissible to other pensioners of the State Government. 6-C. Medical facilities to ex-members
12. (1) Every person who is entitled to pension under the provision of section 6-B shall also be entitled to such medical facilities for himself and for the members of his family as are from time to time admissible to the retired Class I Officers of the Himachal Pradesh Government]: [ Provided that a person who is not entitled to pension under this section either by virtue of the provisions contained in sub-section
13. (3) of section 6-B or because he has served for a period less than five years, shall also be entitled to the aforesaid medical facilities].
14. (2) Every person who is entitled to medical facilities under sub-section (1), shall be entitled to medical advance, subject to the conditions as may be prescribed, for himself and for the members of his family. Explanation.- For the purpose of this section, the expression "family" shall mean and include the spouse, [unmarried children] and parents of such a person wholly dependent upon that person. 6-D. Recovery of Government dues from compensatory allowance or pension
15. (1) If any person to whom compensatory allowance is admissible under this Act has been a member during any period earlier to his existing term and has not paid to the State Government any amount payable by him on account of any advance, any residential accommodation or any other facility of whatever nature, provided to him by the State Government during such earlier period in his capacity as Minister, Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or member, the above referred amount due from him may be recovered from his compensatory allowance.
16. (2) If any person, to whom pension, is admissible under this Act, has not paid to the State Government any amount payable by him on account of any advance, any residential accommodation or any other facility of whatever nature provided to him by the State Government in his capacity as Minister, Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or member, the above referred amount due from him may be recovered from his pension.

1. (1) The Speaker may make rules for carrying out to the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, the Speaker may make rules in respect of the following matters, namely:-
   • (a) any matter which is required by this Act to be prescribed ;
   • (b) the rates on and circumstances under which travelling and halting allowances may be drawn and the circumstances under which such allowances may be withheld;
   • (c) the manner in which distances between any two places should be calculated for the purposes of travelling allowance ;
   • (d) the shortest available route by which a journey can be performed;
   • (e) the form in which claims may be presented, the method of scrutiny of claims and the authorities any and the manner in which such claims may be certified and paid ;
   • (f) provision for residential accommodation of members mentioned in section [;]
   • (ff) the form in which certificate, if any, shall be furnished by any person for the purpose of claiming any pension under section 6-B;]
   • (fff) the conditions subject to which the medical advance under section 6-C is to be granted; and]
   • (g) any other matter connected with or incidental to the matters aforesaid.
3. (3) Until such rules come into force, all matter of detail not covered by this Act, shall be governed by the rules hitherto in force for the payment of allowances to members, so far as they are applicable and contained in the Salaries and Allowances of Members of the Legislative Assembly (Himachal Pradesh) Act, 1963 so far as these are consistent with the provisions of this Act.

If any question arises as to the interpretation of this Act or of the rules made thereunder, the matter shall be referred to the Speaker whose decision shall be final.

1. (1) The Salaries and Allowances of the Members of the Legislative Assembly (Himachal Pradesh) Act, 1963, and the Salaries and Allowances of the Members of the Legislative Assembly (Himachal Pradesh) Ordinance, 1971 are hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken (including any rules, notifications or orders made or issued) in exercise of any power conferred by or under the said Act and Ordinance shall be deemed to have been done or taken under this Act.