The Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006

AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES, POWERS, PRIVILEGES AND AMENITIES) ACT, 2006

and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 27 th

December 2006, pp. 9225 and 9231.

2 THE HIMACHAL PRADESH PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES, POWERS, PRIVILEGES AND AMENITIES) ACT, 2006 Amended, repealed or otherwise, affected by ,-

1. H.P. Act No. 18 of 2009

assented to by the Governor on the th September, 2009, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 23 rd September, 2009, pp. 4099-4100.

P. Act No. 30 of 2012 assented to by the Governor on the th May, 2012, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 9 th May, 2012, pp. 1027- 1028.

P. Act No. 44 of 2013 assented to by the Governor on the th September, 2013, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 21 st September, 2013, pp. 3770-3771.

P. Act No. 7 of 2016 assented to by the Governor of Himachal Pradesh on the 7 th May, 2016, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated th May, 2016, pp. 858-859. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-seventh Year of Republic of India, as follows:- 1. Short title.- This Act may be called the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006.

2. Definitions.- In this Act, unless the context otherwise requires,-

1. (a) “Chief Minister” means the Chief Minister of Himachal Pradesh;
2. (b) “member” means a member of the Legislative Assembly of Himachal Pradesh;
3. (c) “notification” means a notification published under proper authority in the Official Gazette;
4. (d) “Parliamentary Secretary” means a member of the Legislative Assembly of Himachal Pradesh appointed as the 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 15 th September, 2009, pp. 3763 and 3765. 2. Passed in Hindi by the Himachal Pradesh VidhanSabha . For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 7 th April, 2012, pp. 282 and 284. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 30 th August,

2013, pp. 3091 and 3093.

4 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 12 th April, 2016, pp. 209-210 and 211.

THE HIMACHAL PRADESH PARLIAMENTARY SECRETARIES (APPOINTMENT, 3

SALARIES, ALLOWANCES, POWERS, PRIVILEGES AND AMENITIES) ACT, 2006

Parliamentary Secretary or the Chief Parliamentary Secretary under section 3 of this Act;

1. (e) “prescribed” means prescribed by rules made under this Act; and
2. (f) “specified” means specified by notification published in the Official Gazette. 3. Appointment.- The Chief Minister may appoint such number of the Parliamentary Secretaries, and assign to each of them such duties and functions, as he may deems fit. 4. Powers and functions.- (1) A Parliamentary Secretary shall exercise such powers, discharge such functions and perform such duties as may be specified by the Chief Minister.

1. (2) A Parliamentary Secretary shall not have the powers to approve the action proposed by a Secretary or any other subordinate functionary of the

Privileges and amenities.- A Parliamentary Secretary shall be entitled to such privileges and amenities as available to the members.

Before a Parliamentary Secretary enters upon his office, the Chief Minister shall administer to him oath of office and secrecy in the following manner :- “I, _________________________, do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Parliamentary Secretary for the State except as may be required for the due discharge of my duties as such Parliamentary Secretary.”

be entitled to the salary of Rs.

1[65,000/-] per month, while a Parliamentary Secretary shall be entitled to a salary of Rs.

2[60,000/-] per month. In addition, the Parliamentary Secretary shall be entitled to compensatory allowance and other perquisites as are admissible to the members.

(1) A Parliamentary Secretary shall be provided with furnished house, the maintenance charges of which shall be borne by the State 1. The figure and sign “ 18000/-“ substituted for the figure and sign “11,000/-” vide Act No. 18 of 2009, the figure and sign “23000” substituted for the figure and sign “18,000/-” vide Act No. 30 of 2012, the figure and sign “40000/-” substituted for the figure “23,000/-” vide Act No. 44 of 2013 again substituted for the figures and signs “40,000/-“ vide Act No. 7 of 2016. 2. The figure and sign “17000/-” Substituted for the figure and sign “10,000/-” vide Act No. 18 of 2009, the figure and sign “22,000/-” again substituted for the figure and sign “17,000/-” vide Act No. 30 of 2012, the figure and sign “35,000/-” substituted for the figure “22,000/-” vide Act No. 44 of 2013 again substituted for the figures and signs “35,000/-“ vide Act No. 7 of 2016. 4 THE HIMACHAL PRADESH PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES, POWERS, PRIVILEGES AND AMENITIES) ACT, 2006 Government or in lieu of such house, shall be paid an allowance at the following rates, namely.- (a) a Chief Parliamentary Secretary Rupees three thousand per mensem; and (b) a Parliamentary Secretary Rupees two thousand and five hundred per mensem; (2) The State Government may allow a Parliamentary Secretary to continue in occupation of the house provided to him for a period not exceeding fifteen days from the date of his ceasing to be a Parliamentary Secretary. (3) A Parliamentary Secretary shall be liable to pay license fee at the rate of 1[Rs. 1500/- per month” in respect of the furnished house allotted to him and the same shall be recoverable monthly from his salary. Explanation.- A Parliamentary Secretary shall not become personally liable for any payment in case the standard rent of the house allotted to him for residence exceeds the amount specified in sub-section (1) .

1. The figure and sign “ 18000/-“ substituted for the figure and sign “11,000/-” vide

Act No. 18 of 2009, the figure and sign “23000” substituted for the figure and sign “18,000/-” vide Act No. 30 of 2012, the figure and sign “40000/-” substituted for the figure “23,000/-” vide Act No. 44 of 2013 again substituted for

Act No. 18 of 2009, the figure and sign “22,000/-” again substituted for the figure and sign “17,000/-” vide Act No. 30 of 2012, the figure and sign “35,000/-” substituted for the figure “22,000/-” vide Act No. 44 of 2013 again substituted for

the figures and signs “35,000/-“ vide Act No. 7 of 2016.

4 THE HIMACHAL PRADESH PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES, POWERS, PRIVILEGES AND AMENITIES) ACT, 2006 Government or in lieu of such house, shall be paid an allowance at the following rates, namely.-

1. (a) a Chief Parliamentary Secretary Rupees three thousand per mensem; and
2. (b) a Parliamentary Secretary Rupees two thousand and five hundred per mensem;

1. (2) The State Government may allow a Parliamentary Secretary to continue in occupation of the house provided to him for a period not exceeding fifteen days from the date of his ceasing to be a Parliamentary Secretary.
2. (3) A Parliamentary Secretary shall be liable to pay license fee at the rate of 1[Rs. 1500/- per month” in respect of the furnished house allotted to him and the same shall be recoverable monthly from his salary. Explanation.- A Parliamentary Secretary shall not become personally liable for any payment in case the standard rent of the house allotted to him for residence exceeds the amount specified in sub-section (1) .

A Parliamentary Secretary shall be entitled to the use of a car, the expenses on the maintenance and propulsion of which shall be borne by the State Government or in lieu thereof to a

conveyance allowance at the rate of rupees three hundred per mensem.

No Parliamentary Secretary, in receipt of the salary or allowances

under this Act, shall be entitled to receive any sum by way of salary or

allowances as member.

Parliamentary Secretary shall not, during his office as such, practice any profession or engage in any trade or commerce or undertake for remuneration any employment other than his duties as such Parliamentary Secretary.

(1) The State Government may, by notification published in the Official Gazette, make rules for carrying out the purpose of this Act.

1. (2) Every rule made under this Act shall laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be no effect, as the case may be, so, however, the any such modification or 2016.

¹ Substituted for the figures, signs and words “10% of his salary” vide Act No. 7 of

THE HIMACHAL PRADESH PARLIAMENTARY SECRETARIES (APPOINTMENT, 5

SALARIES, ALLOWANCES, POWERS, PRIVILEGES AND AMENITIES) ACT, 2006

amendment shall be without prejudice to the validity of anything previously done under that rule. __________