Salaries and Allowances of Deputy Ministers (Himachal Pradesh) Act, 1971

1. (1) This Act may be called the Salaries and Allowances of Deputy Ministers (Himachal Pradesh) Act, 1971.
2. (2) It shall be deemed to have come into force with effect from the 25th January, 1971, but section 4 shall be deemed to have come into force on the 18th day of February, 1970 and section 7 shall be deemed to have come into force on the 18th day of March, 1967.

In this Act, unless the context otherwise requires-

1. (a) "House" includes the staff quarters and other buildings appurtenant thereto and the gardens thereof.
2. (aa) "licence fee" means the sum of money payable monthly in accordance with the provisions of section 5 of this Act in respect of a furnished house allotted to a Minister ;
3. (b) "Maintenance" in relation to a house shall include the payment of local rates and taxes and charges for electricity and water.
4. (c) "salary" means the monthly salary paid to a Minister under section 3 of this Act.

1. (1) Each Deputy Minister shall be entitled to receive a salary at the rate of four thousand rupees per mensem and an allowance for each day during the whole of his term as such Deputy Minister at the same rates as are specified in clause
   • (ii) of sub-section
2. (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971), with respect to members of the State Legislative Assembly. 3-A. Sumptuary allowance In addition to the salary and other perquisites admissible to him under this Act, a sumptuary allowance at the rate of two thousand and five hundred rupees per mensem shall also be paid to the Deputy Minister.

There shall be paid to each Deputy Minister a salary at the rate of seven hundred rupees per mensem from the 18th day of February, 1970 to 24th day of January, 1971 and they shall be entitled to draw the arrears at the rate of two hundred rupees per mensem after deducting the salary of five hundred rupees per mensem already drawn by them under the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1963. (2 of 1963).

1. (1) Each Deputy Minister shall be provided with a furnished house, the maintenance charges of which shall be borne by the State Government or in lieu of such house, shall be paid an allowance at the rate of two thousand and five hundred rupees per mensem.
2. (2) The State Government may allow a Deputy Minister 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 Deputy Minister.
3. (3) Each Deputy Minister shall be liable to pay licence fee @ 10% of his salary in respect of the furnished house allotted to him and the same shall be recoverable monthly from his salary. Explanation.—The Deputy Minister shall not become liable personally 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. (1) Each Deputy Minister 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 of three hundred rupees per mensem: Provided that the maintenance and propulsion expenses of the State car in use by the Deputy Minister shall not be subject to the limit of three hundred rupees.
2. (2) A Deputy Minister may opt for the services of a chauffeur on Government expense in lieu of conveyance allowance provided in sub-section
3. (1) if he uses his own motor-car. 6-A. Free transit by railway Each Deputy Minister shall be provided with two free non-transferable first class passes, valid during the term of his office, which shall entitle him and his spouse or any other person, accompanying him to look after and assist him, to travel at any time by any railway in India; provided the aggregate distance so travelled in any financial year on these passes does not exceed eighty thousand kilometres: Provided that if the journey is performed by an air-conditioned railway coach or by air he shall be paid an amount equivalent to one first class fare for such journey and if he is accompanied by his spouse or any other person to look after and assist him, he shall be paid an amount equivalent to two first-class fares for such journey. Provided further that journey may also be performed within India by air by the Deputy Minister and his spouse or any other person accompanying him to look after and assist him, in that event an amount equivalent to the expenses incurred on such journey shall be reimbursed to the Deputy Minister and the amount so reimbursed shall be adjusted against his entitlement to travel by rail. Explanation.—For determining the aggregate distance under this section, the distance travelled in any financial year by railway or air under section 5-A of the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971 (3 of 1971), or under section 10-A of the Himachal Pradesh Legislative Assembly Speaker's and Deputy Speaker's Salaries Act, 1971 (4 of 1971), or under section 6 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971), shall be taken into account.

A Deputy Minister who has not drawn conveyance allowance admissible to him under the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1963, (2 of 1963) after the 18th March, 1967 and had used the Government motor-car, shall be deemed to have used such motor-car as if the costs of maintenance and propulsion of which have been met by the Government.

There may be paid to each Deputy Minister 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 purchase of a motor-car, in order that he may be able to discharge conveniently and efficiently the duties of his office.

8-A. House building advance In case a Deputy Minister does not avail himself of the facility of motor car advance as provided in section 8, he may be paid 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. Explanation.—The expression "construction of a house" for the purposes of this section, shall include addition to, alteration in, renovation of or repairs of a house.

1. (1) Each Deputy Minister shall be entitled to have a telephone installed at any place within his constituency or at his permanent place of residence, and after the place of installation has been so specified, the charges for first installation of security deposit and annual rent, for such telephone shall be borne by the State Government and all other expenses such as those relating to local and outside calls shall be paid by the Deputy Minister: Provided that the expenditure on local and outside calls incurred by a Deputy Minister in any month shall be re-imbursed by the Government subject to a maximum of four thousand rupees.
2. (2) All expenses which are payable by a Deputy Minister in relation to the telephone installed under sub-section
3. (1) shall be paid by him directly in cash and if it is not so done, the same may be adjusted by the State Government against any amount due to him from the State Government. 9-A. Allowances and perquisites to be exclusive of income-tax The salary and allowances payable to the Deputy Minister, and furnished house, and other perquisites admissible to him, under this Act, shall be exclusive of income-tax which shall be payable by the State Government. Explanation.—The amount of income-tax payable by the State, would be the first slab of the income assessed for income-tax i. e. in assessing this amount, the other sources of income of the Deputy Minister concerned shall not be taken into consideration.

No person in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by the State Legislature by way of salary or allowance in respect of his membership of State Legislature.

The date on which any person became or ceased to be a Deputy Minister shall be published in the Official Gazette of the State of Himachal Pradesh and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Deputy Minister on that date for all the purposes of this Act.

The travelling and daily allowances of the Deputy Minister shall be regulated in accordance with such rules as may be framed or adopted by the State Government from time to time: Provided that no mileage or travelling allowance shall be chargeable in respect of journey performed in a State car.

12-A. Power to make rules

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) All rules made under this Act, shall be laid before the Legislative Assembly as soon as may be after they are made: Provided that the State Government may, for the purposes of sections 8 and 8-A of this Act, make rules with retrospective effect so as to be effective from any day on or after the 3rd day of December, 1993.

Any appointment, notification, order, rule, made or issued under the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1963, (2 of 1963) or the Salaries and Allowances of Ministers (Himachal Pradesh) Ordinance, 1971 (1 of 1971), shall, so far as it is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been made or issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, order or rule made or issued under the provisions of this Act.