The Karnataka Ministers Salaries and Allowances Act, 1956
The Karnataka Ministers Salaries and Allowances Act, 1956
0. Preamble
THE KARNATAKA MINISTERS SALARIES AND ALLOWANCES ACT, 1956.
1. Short title and commencement
1. Short title and commencement. (1) This Act may be called the Karnataka Ministers Salaries and Allowances Act, 1956. (2) It shall be deemed to have come into force on the first day of November, 1956.
2. Definitions
2. Definitions. In this Act, unless the context otherwise requires,— (a) “highest class” in relation to journeys by train includes air conditioned accommodation available in the train; (b) “Minister”, “Minister of State” and “Deputy Minister” mean respectively, “Minister”, “Minister of State” and “Deputy Minister”; and “Minister” includes the Chief Minister. (c) “prescribed” means prescribed by rules made under this Act; (d) “residence” includes the staff quarters and other buildings appurtenant thereto and the gardens thereof. Provided that if no such motor car is available for use and if a motor car is hired by him for journeys in connection with his official business he shall be entitled to recover the actual hire charges paid by him. In the Karnataka Ministers Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957), (hereinafter referred to as the Principal Act), in section 3,- (i) for the words "seventy five thousand rupees" the words, “one lakh fifty thousand rupees”, shall be substituted; (ii) for the words "sixty thousand rupees" the words, “one lakh twenty five thousand rupees”, shall be substituted; and (iii) for the words "four lakhs fifty thousand rupees" the words, “five lakhs rupees”, shall be substituted.
3. Salaries of Chief Minister and Ministers
3. Salaries of Chief Minister and Ministers. There shall be paid to the Chief Minister a salary of one lakh fifty thousand rupees per mensem and to each Minister a salary of one lakh twenty five thousand rupees per mensem. They shall also be paid a sumptuary allowance of five lakhs rupees per annum. (3) The State Government may maintain suitable motor cars for tours by Ministers, Ministers of State and Deputy Ministers in prescribed places within the State which are not easily accessible, and when such motor cars are used by any Minister, Minister of State or Deputy Minister on tour, then, notwithstanding anything contained in sub-section (2), he shall not be entitled to any allowance other than the daily allowance. In section 4 of the Principal Act, in sub-section (1), for the words “one lakh twenty thousand rupees”, the words, “two lakh fifty thousand rupees”, shall be substituted.
4. Residences of Ministers
4. Residences of Ministers. (1) Each Minister shall be entitled, to the use of a furnished residence in the City of Bangalore throughout his term of office and for a period of sixty days immediately thereafter, or in lieu of such furnished residence to a house rent allowance at the rate of two lakh fifty thousand rupees per mensem. The residence provided under this sub-section shall be furnished on such scales, and the plinth area thereof shall not exceed such limits, as may be prescribed. (2) In a residence used by a Minister who is entitled to a house rent allowance in lieu of a furnished residence, three rooms shall be furnished by the State Government on such scales as may be prescribed, to be used for official purposes. He shall be entitled for an allowance of thirty thousand rupees per month for maintenance and upkeep of residence and for layout and maintenance of gardens included in such residence. (4) If a motor car provided to him by the State Government goes out of order while on tour by road and a motor car is hired by him for journeys connected with his official business, the Minister, Minister of State or the Deputy Minister shall be entitled to recover the actual hire charges paid by him. In section 6A of the Principal Act, for the words "fifty thousand rupees" the words, “seventy five thousand rupees”, shall be substituted.
5. Conveyances for Ministers
5. Conveyances for Ministers. (1) The State Government may provide a suitable motor car for the use of each Minister. (2) There shall be paid to each Minister a conveyance allowance equal to the cost of Two thousand litres of petrol per mensem. In section 6B of the Principal Act, in sub-section (1), for the words “one lakh twenty thousand rupees”, the words, “two lakh rupees”, shall be substituted.
6. Charges payable by the Minister and the Government
(1) Each Minister shall in respect of the residence and motor car allotted for his use under sub-section (1) of section 4 and section 5, be liable to pay the following charges, namely:— (a) cost of petrol required for their respective motor cars in excess of the cost of Two thousand litres of petrol paid by the Government. (b) The first two hundred rupees of the aggregate monthly charges for the consumption of electricity and water in the residence. (2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 4 and the motor car provided under section 5, including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor car, rates and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government. (2) In a residence used by a Deputy Minister who is entitled to a house rent allowance in lieu of a furnished residence, three rooms shall be furnished by the State Government on such scales as may be prescribed, to be used for official purposes. He shall be entitled for an allowance of thirty thousand rupees per month for maintenance and up keep of residence and for layout and maintenance of gardens included in such residence. In section 6A of the Principal Act,- (i) for the words "thirty five thousand rupees", the words "fifty thousand rupees" shall be substituted; and (ii) for the words "two lakhs rupees", the words "three lakhs rupees" shall be substituted.
6A. Salaries of Ministers of State
6A. Salaries of Ministers of State. There shall be paid to each Minister of State a salary of seventy five thousand rupees per mensem and a sumptuary allowance of three lakhs rupees per annum.
6B. Residences of Ministers of State.
6B. Residences of Ministers of State. (1) Each Minister of State shall be entitled, to the use of a furnished residence in the City of Bangalore throughout his term of office and for a period of sixty days immediately thereafter, or in lieu of such furnished residence to a house rent allowance at the rate of two lakh rupees per mensem. The residence provided under this sub-section shall be furnished on such scales, and the plinth area thereof shall not exceed such limits, as may be prescribed. (2) In a residence used by a Minister of State who is entitled to a house rent allowance in lieu of a furnished residence, three rooms shall be furnished by the State Government on such scales as may be prescribed, to be used for official purposes. He shall be entitled for an allowance of thirty thousand rupees per month for maintenance and up keep of residence and for layout and maintenance of gardens included in such residence.
6C. Conveyance for Ministers of State
(1) The State Government may provide a suitable motor car for the use of each Minister of State. (2) There shall be paid to each Minister of State a conveyance allowance equal to the cost of One thousand five hundred litres of petrol per mensem.
6D. Charges payable by the Minister of State and the Government
(1) Each Minister of State shall in respect of the residence and motor car allotted for his use under sub-section (1) of section 6B and section 6C, be liable to pay the following charges, namely:— (a) cost of petrol required for their respective motor cars in excess of the cost of One thousand five hundred litres of petrol paid by the Government. (b) the first two hundred rupees of the aggregate monthly charges for the consumption of electricity and water in the residence. (2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 6B and the motor car provided under section 6C, including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor car, rates and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government.
7. Salaries of Deputy Ministers
7. Salaries of Deputy Ministers. There shall be paid to each Deputy Minister a salary of fifty thousand rupees per mensem and a sumptuary allowance of two lakh rupees per annum. In section 6B of the Principal Act,- (i) in sub-section (1), for the words ―eighty thousand rupees‖, the words ―one lakh twenty thousand rupees‖ shall be substituted; (ii) in sub-section (2), for the words, ―twenty thousand rupees‖, the words ―thirty thousand rupees‖ shall be substituted.
8. Residences of Deputy Ministers
8. Residences of Deputy Ministers. (1) Each Deputy Minister shall be entitled to the use of a furnished residence in the City of Bangalore throughout his term of office and for a period of sixty days immediately thereafter or in lieu of such furnished residence to a house rent allowance at the rate of one lakh twenty thousand rupees per mensem. The residence provided under this sub-section shall be furnished on such scales and the plinth area thereof shall not exceed such limits, as may be prescribed. In section 6C of the Principal Act, in sub section (2), for the words "one thousand litres", the words "one thousand five hundred litres " shall be substituted.
9. Conveyance for Deputy Ministers
(1) The State Government may provide a suitable motor car for the use of each Deputy Minister. (2) There shall be paid to each Deputy Minister a conveyance allowance equal to the cost of One thousand five hundred litres of petrol per mensem. In section 6D of the Principal Act, in sub-section (1), in clause (a), for the words "one thousand litres", the words "one thousand five hundred litres" shall be substituted.
9A. Use of helicopter and aircraft by Ministers etc
9A. Use of helicopter and aircraft by Ministers etc Every Minister, Minister of State or Deputy Minister shall, subject to availability, be entitled to use the helicopter or aircraft owned by the State Government, for official purposes, free of charge.
9B. Insertion of new section 9B
After section 9A of the Principal Act, the following shall be inserted, namely: - ―9B. Increase in Salary and Allowances of the Chief Minister, the Minister, the Minister of State and the Deputy Minister.- The salary and allowances of the Chief Minister, the Minister, the Minister of State and the Deputy Minister shall be increased after every five years commencing from 1st April, 2023 on the basis of Cost Inflation Index provided under clause (v) of Explanation to section 48 of the Income-tax Act, 1961.‖
10. Charges payable by the Deputy Minister and the Government
(1) Each Deputy Minister shall in respect of the residence and motor car allotted for his use under sub-section (1) of section 8 and section 9, be liable to pay the following charges, namely:— (a) cost of petrol required for their respective motor cars in excess of the cost of One thousand five hundred litres of petrol paid by the Government. (b) the first two hundred rupees of the aggregate monthly charges for the consumption of electricity and water in the residence. (2) All other charges for the maintenance and upkeep of the residence provided under sub-section (1) of section 8 and the motor car provided under section 9, including the cost of repairs thereof, the salaries and allowances of the drivers and cleaners of such motor cars, rate and taxes, and all expenditure for the layout and the maintenance of the gardens included in such residence, shall be borne by the State Government. In section 7 of the Principal Act,- (i) for the words "thirty thousand rupees", the words "fifty thousand rupees" shall be substituted; and (ii) for the words "one lakhs fifty thousand rupees", the words "two lakhs rupees" shall be substituted.
10A. State Government to bear electricity and water charges in certain other cases
10A. State Government to bear electricity and water charges in certain other cases. In respect of the residence of a Minister, a Minister of State and a Deputy Minister, who does not avail the facility of furnished residence, monthly charges in excess of first two hundred rupees per month for consumption of electricity and water together in his residence shall be borne by the State Government.
10B. Deductions in respect of house rent etc
10B. Deductions in respect of house rent etc. There shall be deducted every month from the salary payable to a Minister, a Minister of State and a Deputy Minister,— (a) a sum equal to ten per cent of his salary as house rent, if he is in occupation of residence provided by the State Government; (b) a sum equal to two and a half per cent of his salary as rent of the furnishings of his residence, if the same has been furnished by the State Government.
11. Travelling Allowances of a Minister, a Minister of State or a Deputy Minister on assuming or relinquishing office
(1) A Minister, Minister of State or Deputy Minister shall:— (a) for the journey in respect of assuming office, to the City of Bangalore, from his usual place of residence in the State if it is outside the City, and (b) for the journey in respect of relinquishing office, from the City of Bangalore, to his usual place of residence in the State before he assumed office if such place is outside the City, - be entitled to travelling allowance for himself and the members of his family and for the transport of his personal effects at the rates hereinafter specified, namely:- (i) the actual charges incurred by the Minister, the Minister of State or the Deputy Minister for himself and the members of his family, whether the journey is made by train or by road or both; (ii) the actual charges incurred for the transport of the personal effects whether by road or by rail; provided that if a railway wagon is reserved for such transport, the charges for such wagon. Explanation.- For the purpose of this section, member of the family means the husband, wife, son, daughter, father, mother, brother or sister if wholly dependent on and residing with the Minister, the Minister of State or the Deputy Minister, as the case may be. In section 8 of the Principal Act,- (i) in sub-section (1), for the words "eighty thousand rupees", the words "one lakh twenty thousand rupees" shall be substituted; and (ii) in sub-section (2), for the words "twenty thousand rupees" the words, "thirty thousand rupees" shall be substituted.
12. Travelling and other allowances on tours
(1) Every Minister, Minister of State and Deputy Minister shall be entitled, while touring on duty connected with his office, to travelling and daily or other allowances at the rates and upon the conditions specified in this section. (2) While touring on official business every Minister, Minister of State and Deputy Minister shall be entitled,— (a) for journeys by train to two times the single fare of the highest class available in the train: Provided that if a Minister, a Minister of State or a Deputy Minister reserves a compartment for the journey, the charges for such compartment shall be borne by the State Government: Provided further that if any person in addition to the Minister, the Minister of State or the Deputy Minister travels in the reserved compartment, the charges in respect of such person shall be recovered and credited to Government; (b) for journeys by road, to road mileage at forty rupees per kilometre; (c) for journeys by air, to one and one-fifth times the single fare paid for such journeys and to the prescribed insurance premium for insurance against accidents during such journeys; (d) to daily allowance at two thousand five hundred rupees per day for the days of journey and for the days of halt at any place: Provided that in the case of tours outside the State, the daily allowance shall be at three thousand rupees per day for the days of journey and for the days of halt at any place: Provided further that if a Minister, a Minister of State or a Deputy Minister is treated as a State Guest, he shall be entitled only to one-fourth of the daily allowance for the period for which he is treated as a State Guest. Provided also that in case of tour outside the state where he has stayed in a hotel or registered establishment providing boarding and loadging at scheduled rates, he shall be entitled for daily allowance of rupees seven thousand per day subject to production of bills. (2A) Every Minister, Minister of State and Deputy Minister touring outside India on duty or travelling outside India for medical treatment shall be entitled to the same terms and conditions in regard to travelling and other expenses as a Minister of the Government of India. (2B). When a Minister, Minister of State or Deputy Minister while making a journey by road in a motor car provided by the State Government, has to undertake in the public interest further journey by train or by air, he shall be entitled to the petrol charges incurred by him for the return of the motor car to the city of Bangalore from the place at which he ceases to use the motor car. (2C). Every Minister, Minister of State and Deputy Minister shall in addition to the allowances payable under sub-section (2), be entitled to use without payment of charges, the motor cars maintained by the State Government at the Karnataka Bhavan in New Delhi. In section 12 of the Principal Act, in sub-section (2),- (i) in clause (b), for the words "thirty rupees", the words "forty rupees" shall be substituted; (ii) in clause (d), for the words "two thousand rupees", the words "two thousand five hundred rupees" shall be substituted; (iii) in first proviso, for the words "two thousand five hundred rupees", the words "three thousand rupees" shall be substituted; (iv) in the third proviso for the words ―rupees five thousand ‖ the words ―rupees seven thousand ‖ shall be substituted.
13. Medical attendance
Subject to rules made by the State Government, a Minister, a Minister of State and a Deputy Minister and the members of the family of the Minister, the Minister of State or the Deputy Minister who are residing with and are dependent on him shall be entitled free of charge to accommodation in hospitals maintained by the State Government and to medical attendance and treatment. They shall also be entitled, subject to rules made by the State Government, to reimbursement of the expenses incurred by them for medical attendance and treatment obtained at any other place whether within or outside India. Explanation.—For the purpose of this section, member of the family means the husband, wife, son, daughter, father, mother, brother or sister.
14. Ministers, Ministers of State and Deputy Ministers not to practise profession, etc.
A Minister, a Minister of State or a Deputy Minister shall not, during the tenure of his office, practise any profession or engage in any trade or undertake for remuneration, any employment other than his duties as Minister, Minister of State or Deputy Minister as the case may be.
15. Power to make rules
(1) The State Government may, by notification in the Karnataka Gazette, make rules for carrying out the purposes of this Act. (1A) Any rule under this Act may be made to have effect retrospectively, and if any such rule is made, a statement specifying the reasons for making such a rule shall be laid before both Houses of the State Legislature along with the rule under sub-section (2). (2) All rules made under sub-section (1) shall be laid, as soon as may be, after they are made, before each House of the State Legislature while it is in session for a total period of one month which may be comprised in one session or in two or more sessions and if, before the expiry of the said period, either House of the State Legislature makes any modification in the rules or directs that any rule shall not have effect and, if the modification or direction is agreed to by the other House, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be.
16. Repeal of Karnataka Ordinance No. 2 of 1956 and savings
16. Repeal of Karnataka Ordinance No. 2 of 1956 and savings. The Karnataka Ministers‘ Salaries and Allowances Ordinance, 1956, is hereby repealed; but any rules made, anything done and any action taken under the said Ordinance shall be deemed to have been made, done or taken under this Act as if this Act had come into force on the first day of November, 1956 and all rules made under the said Ordinance shall be laid, as soon as may be, after the passing of this Act, before each House of the State Legislature while it is in session for a total period of one month which may be comprised in one session or in two or more sessions and if, before the expiry of the said period, either House of the State Legislature makes any modification in the rules or directs that any rule shall not have effect and, if the modification or direction is agreed to by the other House, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be.
PDF: pending for this language.