The Salary and Allowances of Leader of Opposition in Legislative Assembly Act, 1978

(1) This Act may be called the Salary and Allowances of Leader of Opposition in Legislative Assembly Act, 1978. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context,- (a) "Legislative Assembly" means the Punjab Legislative Assembly; (b) "Leader of the Opposition" means that member of the Legislative Assembly who is, for the time being, the Leader of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Speaker; Explanation.- Where there are two or more parties in opposition to the Government having the same numerical strength, the Speaker shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive; and (c) "Speaker" means the Speaker of the Punjab Legislative Assembly.

The Leader of Opposition shall be paid a salary, sumptuary allowances and compensatory allowances as are admissible to a Minister under clause (b) of sub-section (1) of section 2 of the East Punjab Ministers’ Salaries Act, 1947.

The free furnished house and other perquisites admissible to the Leader of Opposition under this Act, shall be exclusive of income tax, which shall be payable by the State Government.

The Leader of Opposition shall be provided with a rentfree Government house at the State Headquarter or the house rent allowances and other allowances, as are admissible to a Minister under sub-sections (2), (2-A), (2-B) and (2-C) of section 2 of the East Punjab Minister’s Salaries Act, 1947, and the rules framed thereunder.

Subject to any rules made in this behalf by the State Government, the Leader of the Opposition shall be entitled to— (a) travelling allowances for himself and the members of his family and for the transport of his and his family's effects- (i) in respect of the journey to Chandigarh from his usual place of residence outside Chandigarh for assuming office; and (ii) in respect of the journey from Chandigarh to his usual place of residence outside Chandigarh on relinquishing office; and (b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his duties as the Leader of the Opposition, whether by sea, land or air.

(1) The Leader of the Opposition and the members of his familyshall be entitled to the same medical facilities as are admissible to a Minister under the Punjab State Legislature Officers, Ministers and Members (Medical Facilities) Act, 1965, and the rules framed thereunder. (2) The Leader of the Opposition shall be entitled to the same facilities,for travelling concession, constituency, secretarial and postal facilities allowances and office allowances in constituency, as are admissible to a Minister under sections 2-BB and 2-BBB of the East Punjab Ministers’ Salaries Act, 1947. (3) Where the Leader of the Opposition having obtained an advance under sub-section (2) dies while holding office as such, the amount of the 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 shall be written off with the sanction of the prescribed authority.

No Leader of the Opposition in receipt of a salary or allowance underthis Act shall be entitled to receive any sum out of funds provided by the LegislativeAssembly by way of salary or allowance in respect of his membership of theAssembly.

(1) The Leader of Opposition shall be entitled to the same telephone facility, as is admissible to a Minister under sub-section (4) of section 2 of the East Punjab Ministers’ Salaries Act, 1947. (2) The Leader of the Opposition shall also be paid a conveyance allowance at the rate of ten thousand rupees per mensem, or, in lieu thereof, a State car, the expenses on the maintenance and propulsion of which shall be borne by the State Government: Provided that the maintenance and propulsion expenses of the State car in use by the Leader of the Opposition shall not be subject to the limit of ten thousand rupees. (3) If Leader of Opposition does not avail of or surrenders his State car and wishes to use his private vehicle for official purpose then he shall be entitled to the same facilities as are admissible to a Minister under sub-section (3-A) of section 2 of the East Punjab Ministers’ Salaries Act, 1947 and the rules framed thereunder.

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

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) [deleted]; (b) the travelling and daily allowance admissible to the Leader of the Opposition under section 5; (c) the telephone and secretarial facilities admissible to the Leader of the Opposition. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature, 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 immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.