Vidhi Codex

section 4

Travelling allowances

The Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971
Finance19719 sections
Read full ActSections
Statutory text
  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.

Study data processing for this section.

PDF: pending for this language.