Free transit by railway or by air or by State Transport Undertaking or by taxi

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

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Statutory text

(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) 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) 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) The free passes issued to a member under sub-section
(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.
(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
(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
(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.
(6) Notwithstanding anything to the contrary contained in this section, where a person would have been entitled to draw pension, under sub-section
(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.
(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
(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
(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].
(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
(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.
(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.

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