The Tamil Nadu Payment of Salaries Act, 1951

This Act may be called the Tamil Nadu Payment of Salaries Act, 1951.

In this Act— (1) Omitted. (2) “Speaker” and “Deputy Speaker” means the Speaker and Deputy Speaker respectively of the Legislative Assembly.

(1) There shall be paid to the Chief Minister, Deputy Chief Minister and to each of the other Ministers who are members of the Governor’s Council of Ministers, a salary of Rs. 30,000 per mensem and, subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fix with reference to the prevailing rate of rent for the house the Minister occupies in the City of Chennai; but the house rent shall not be paid to any Minister if he occupies a house provided by the State Government free of rent. (2) There shall be paid to the Chief Minister, Deputy Chief Minister and to each of the other ministers who are members of the Governor’s Council of Ministers, a compensatory allowance of Rs. 15,000 per mensem. (3) There shall be paid to the Chief Minister, Deputy Chief Minister and to each of the other Ministers who are Members of the Governor’s Council of Ministers.- (a) a contingency allowance of Rs. 10,000 per mensem; and (b) a constituency allowance of Rs. 25,000 per mensem.

(1) There shall be paid to the Speaker a salary of Rs. 30,000 per mensem and, subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fix with reference to the prevailing rate of rent for the house the Speaker occupies in the City of Chennai; but the house rent shall not be paid to the Speaker if he occupies a house provided by the State Government free of rent. (2) There shall be paid to the Deputy Speaker a salary of Rs. 30,000 per mensem and, subject to such maximum limit as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fix with reference to the prevailing rate of rent for the house the Deputy Speaker occupies in the City of Chennai; but the house rent shall not be paid to the Deputy Speaker if he occupies a house provided by the State Government free of rent. (3) There shall be paid to the Speaker and Deputy Speaker, a compensatory allowance of Rs. 15,000 per mensem. (4)(a) There shall be paid to the Speaker,— (i) a contingency allowance of Rs. 10,000 per mensem; and (ii) a constituency allowance of Rs. 25,000 per mensem. (b) There shall be paid to the Deputy Speaker:— (i) a contingency allowance of Rs. 7,500 per mensem; and (ii) a constituency allowance of Rs. 25,000 per mensem. (4) Subject to such conditions and during such period as may be determined by rules made by the State Government:— (a) every Member referred to in sub-section (1) and members of his family; (b) every person who had been a Member of the Legislative Assembly or of the Legislative council or of both, but ceased to be such Member at any time and members of his family; and (c) the members of the family of the deceased Member of the Legislative Assembly or of the Legislative Council or of both; shall be entitled free of charge to accommodation in the hospitals maintained by the State Government and also to medical treatment. Proviso - Omitted.

Omitted. (5) The salary referred to in clause (a) of sub-section (1), the compensatory allowance referred to in sub-section (1-A), the constituency allowance and the postal allowance referred to in sub-section (1-AA) and telephone allowance referred to in sub-section (4-B) and the consolidated allowance referred to in sub-section (4-D),and the vehicle allowance referred to in sub-section (4-E), shall not be taken into account for the purpose of calculating the total income of a member under any rule or order relating to medical treatment in hospitals maintained by the State Government or to the grant of educational concession of scholarship or to such other matters as may be prescribed.

(i) There shall be paid to each of the Parliamentary Secretaries a salary of Rs. 2,700 per mensem. (1-A) There shall be paid to each of the Parliamentary Secretaries subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fix with reference to the prevailing rate of rent for the house the Parliamentary Secretary occupies in the City of Chennai; but the house rent shall not be paid if he occupies a house provided by the State Government free of rent. (2) Deleted. (6) Removal of doubts.—For the removal of doubts it is hereby declared that no Member of the Legislative Assembly or of the Legislative Council referred to in section 12 of the principal Act, shall be entitled to claim a salary of Rs. 250 per mensem under the principal Act as amended by this Act for any period prior to the 1st day of April 1964.

(1) There shall be paid to the Leader of the Opposition in the Legislative Assembly a salary of Rs. 30,000 per mensem and subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fix with reference to the prevailing rate of rent for the house the Leader of Opposition in the Legislative Assembly occupies in the City of Chennai; but the house rent shall not be paid to the Leader of the Opposition in the Legislative Assembly if he occupies a house provided by the State Government free of rent. Provided that clause (a) of sub-section (1) of Section 12 shall not apply to the holder of the office mentioned in this sub-section. (2) There shall be paid to the Chief Government Whip in the Legislative Assembly a salary of Rs. 30,000 per mensem and, subject to such maximum limit, as may be prescribed, a house rent of such sum per mensem as the Public Works Department of the State Government may, from time to time, fix with reference to the prevailing rate of rent for the house the Chief Government Whip in the Legislative Assembly occupies in the city of Chennai; but the House rent shall not be paid to the Chief Government Whip in the Legislative Assembly if he occupies a house provided by the State Government free of rent. Provided that clause (a) of sub-section (1) of Section 12 shall not apply to the holder of the office mentioned in this sub-section. (3) There shall be paid to the Leader of the Opposition and Chief Government Whip in the Legislative Assembly, a compensatory allowance of Rs. 15,000 per mensem. (4) There shall be paid to the Leader of the Opposition and Chief Government Whip in the Legislative Assembly:— (i) a contingency allowance of Rs. 7,500 per mensem; and (ii) a constituency allowance of Rs. 25,000 per mensem.

(1) Where a Minister, the Speaker, the Deputy Speaker, a Parliamentary Secretary, the Leader of the Opposition in the Legislative Assembly or the Chief Government Whip in the Legislative Assembly occupies any house provided by the State Government free of rent, such house shall, at the cost of the State Government, be furnished and maintained and be provided with such amenities as may be prescribed.

(1) The State Government may from time to time, provide suitable conveyances for the use of the Ministers, the Speaker, the Deputy Speaker, the Parliamentary Secretary, the Leader of Opposition in the Legislative Assembly and the Chief Government Whip in the Legislative Assembly subject to the provisions of sub-section (2) and to such rules as may be made by the State Government regarding the maintenance and repair of and the supply of petrol, for such conveyances.

(2) The State Government shall meet- (i) any liability arising with effect on and from the 3rd December 1953 out of the use of any conveyance provided under sub-section (1) incurred to third parties by a Minister or the Speaker as the case may be or any person in his employment; (ii) any liability arising with effect on and from the 1st June 1970 out of the use of any conveyance provided under sub-section (1) incurred to third parties by the Deputy Speaker, or Leader of the Opposition in the Legislative Assembly or the Chief Government Whip in the Legislative Assembly as the case may be or any person in his employment; and (iii) any liability arising with effect on and from the 11th day of February 1989 out of the use of any conveyance provided under sub-section (1) incurred to third parties by the Parliamentary Secretary or any person in his employment.

A Minister, the Speaker or a Parliamentary Secretary shall- (a) in respect of the journey for assuming office to the City of Chennai from his usual place of residence in the State, if it is outside the City; and (b) in respect of the journey on relinquishing office from the City of Chennai to his usual place of residence in the State before he assumed office, if such place is outside the City, be entitled to travelling allowances for himself and the members of his family and for the transport of his personal effects, at such rates and upon such conditions as may be determined by rules made by the State Government; and until such rules are made at such rates, and upon such conditions as were applicable to them immediately before the commencement of this Act.

(1) The holders of the offices referred to in section 13, 4, and 6 shall, in respect of their tours, be entitled to travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government; and until such rules are made at such rates and upon such conditions as were applicable to them immediately before the commencement of this Act.

(2) The holders of the office referred to in Section 6-A shall be entitled to travelling and daily allowances for attending the functions organised by the State Government or by any officer of any department of that Government in the performance of his functions as an officer of such department, at such rates and upon such conditions as may be determined by rules made by the State Government.

(3) Without prejudice to the provisions contained in section 14, the State Government may make rules under sub-section (2) so as to have retrospective effect on and from a date not earlier than the 19th January 1984.

Notwithstanding anything contained in this Act, while the office of the Speaker is vacant and the duties of the office are performed by the Deputy Speaker or a Member of the Legislative Assembly as provided in clause (1) of Article 180 of the Constitution, the Deputy Speaker or the Member shall, during the period he so performs such duties, be paid salary and allowances and be entitled to the use of a house free of rent and a suitable conveyance and to free accommodation in hospitals and free medical treatment in the same manner, to the same extent and subject to the same conditions as the Speaker is paid or entitled to under sections 4, 16-B, 7, 8, 9 and 10 and the rules made under section-9. Provided that, during the period aforesaid, the Deputy Speaker or the Member shall not be entitled to the salary and allowances including free accommodation in hospitals and medical treatment attached to the Office of Deputy Speaker or Member of the Legislative Assembly, as the case may be.

Omitted.

Subject to such conditions as may be determined by rules made by the State Government, a Minister, the Speaker, the Deputy Speaker or the Parliamentary Secretary shall for himself and the members of his family be entitled free of charge to accommodation in hospitals maintained by the State Government and also to medical treatment.

Omitted.

(1) Every Member of the Legislative Assembly who does not hold any of the offices referred to in sections 3, 4, 6 and 6-A shall be entitled to receive— (a) a salary of Rs. 30,000 per mensem. (b) travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government, and until such rules are made at such rates and upon such conditions as were applicable to the Members of the Legislative Assembly immediately before the commencement of this Act.

(1-A) Every Member of the Legislative Assembly who does not hold any of the offices referred to in sections 3, 4, 6 and 6-A shall be entitled to receive Compensatory allowance of Rs. 10,000 per mensem.

(1-AA) Every Member of the Legislative Assembly who does not hold any of the offices referred to in sections 3, 4, 6 and 6-A shall be entitled to receive a Constituency allowance of Rs. 25,000 per mensem and a postal allowance of Rs. 2,500 per mensem.

(2) The salary referred to in clause (a) of sub-section (1) the compensatory allowance referred to in sub-section(1-A), the constituency allowance and the postal allowance referred to in sub-section (1-AA) and the telephone allowance referred to in sub-section (4-B) shall accrue to a Member from the date on which he is declared duly elected, or if such declaration is made before the vacancy occurs, from the date of occurrence of the vacancy; Provided that the salary, the compensatory allowance the constituency allowance, the postal allowance and the telephone allowance shall not be paid until the Member has made and subscribed the oath or affirmation referred to in Article 188 of the Constitution.

(2-A) Omitted

(2-AA) Where any Member of the Legislative Assembly dies before the expiry of the term of his office, his family shall be paid a lump-sum allowance of Rs. 5,00,000.

(2-B) The lump-sum allowance payable under sub-section (2-AA) shall be paid to the members of the family in equal shares. Explanation:—The expression, “family” means the wife or husband of the deceased Member and his or her minor sons, unmarried daughters and parents.

(3) Every Member referred to in sub-section (1), shall subject to such conditions as may be determined by rules made by the State Government, be entitled to allotment of an Apartment on payment of rent of Rupees two hundred and fifty per mensem.

Every person, who had been a Member of the Legislative Assembly or the Legislative Council, shall be eligible for railway fare for his journey in two-tier air-conditioned class from his usual place of residence to Chennai for participating in the Independence day and Republic day Celebrations and for his return journey, subject to such conditions as may be prescribed: Provided that railway fare under this section shall not be paid to any former Member of the Legislative Assembly or the Legislative Council, who is in receipt of free railway pass issued by the Central Government or by any other authority for having been a Member of Parliament.

Every person, who had been a Member of the Legislative Assembly or the Legislative Council shall , subject to such conditions as may be determined by the rules made by the State Government, be entitled to accommodation in the Tamil Nadu Ex-Legislators’ Hostel, on payment of rent at such rates as may be prescribed in the rules: Provided that for attending Independence day and Republic day celebrations in Chennai, the accommodation shall be free of cost.

(1) Any person entitled to any salary or allowance under this Act, may at any time during the term of his respective office, relinquish the whole or any portion of such salary or allowance payable to him. (2) Any relinquishment made by any person under sub-section (1) may be cancelled by him. (3) Every relinquishment or cancellation made under sub-section (1) or sub-section (2) shall be made in writing and shall take effect on the date specified therein.

Repealed.

(1) The State Government may make rules for carrying out the purposes of the Act. (2) All rules made under this Act, shall be published, in the Tamil Nadu Government Gazettee and unless they are expressed to come into force on a particular date shall come into force on the day on which they are so published.\n\n(3) Every rule made under this Act, shall, as soon as possible after it is made, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session of the Legislative Assembly agrees in making any modification in any such rule or the Legislative Assembly 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.\n\n(4) A rule may be made under sub-section (1) so as to have retrospective effect on and from a date not earlier than 1st November 1967.\n\n(5) Notwithstanding anything contained in sub-section (4) the State Government may make rules in respect of payment of house rent under Sections 3,4,6 and 6-A, so as to have retrospective effect on and from the date not earlier than the 4th July 1986.

Nothing in this Act shall prevent a retired Government servant from drawing his pension in addition to any salary or allowance to which he may be entitled under this Act.

(1) All charges incurred up to the commencement of this Act (whether before or after the commencement of the Constitution) in respect of the accommodation provided in any hospital maintained by the State Government for, or on the medical treatment of, any Minister or any member of his family shall be deemed to have been properly incurred.\n\n(2) All payments made on or after the 26th day of January 1950 and up to the commencement of this Act by way of Travelling or daily allowance to the Speaker and the Chairman shall be deemed to have been properly made.

The Tamil Nadu Payment of Salaries and Removal of Disqualifications Act, 1937 is hereby repealed.

(1) Every Member of the Legislative Assembly including any such Member who holds any of the offi ces referred to in sections 3,4, and 6 shall, for every fi nancial year, be entitled to receive in such manner and subject to such conditions, as may be prescribed, a sum of Rs. 20,000 in two equal instalments payable in the month of April and October for the purpose of travelling either singly or with his or her spouse or any other relative in one or more journeys by any class by any railway in India. Provided that transit by railway allowance under this sub-section shall not be paid to any member who is in receipt of free railway pass issued by the Central Government or by any other authority for having been a Member of Parliament. (2) Nothing in this section shall be construed as disentitling a Member of the Legislative Assembly to any travelling allowance to which he is otherwise entitled under the provisions of this Act.

(1) There shall be paid a pension of Rs. 35,000 per mensem to every person who after the 15th day of August 1947, had been a Member of the Legislative Assembly or of the Legislative Council or of both. Explanation.—For the purpose of this sub-section, (a) a Member of the Legislative Assembly shall include a Member of the Legislative Assembly of the former State of Travancore - Cochin, representing any territory which after the 1st day of November 1956 forms part of the State of Tamil Nadu; (b) a Member of the Legislative Assembly or of the Legislative Council shall include a Member of the Legislative Assembly or of the Legislative Council of the State of Andhra Pradesh, representing any territory which after the 1st day of April 1960 forms part of the State of Tamil Nadu; Proviso - Omitted Proviso - Omitted Provided also that no pension under this sub-section shall be paid to any person,— (a) who is in receipt of pension from any other State for having been a Member of the Legislative Assembly or of the Legislative Council of such State; (b) who was a Member of the Legislative Assembly or of the Legislative Council of the former State of Madras representing any territory which ceased to form part of the State of Tamil Nadu. (c) who ceases to be a citizen of India or who has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State. (1-A) Where any person entitled to pension under sub-section (1) is also entitled to pension for having been a Member of Parliament, such person shall be entitled to receive the pension under sub-section (1) in addition to such pension to which he is entitled for having been a Member of Parliament. (2) (i) If any person who has been paid any pension under this Act as in force before the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act,1980 in the Tamil Nadu Government Gazette, becomes entitled to increase in the amount of pension so paid by virtue of the said Amendment Act, the increase shall be given eff ect only on and from the date of such publication and he shall not be entitled to any arrears of such increase. (ii) If any person becomes entitled to pension for the fi rst time by virtue of this section, he shall be paid such pension only with eff ect on and from the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act, 1980 in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension. (2-A) If any person becomes entitled to pension for the fi rst time or to any increase in pension by virtue of this section, as amended by the Tamil Nadu Payment of Salaries (Amendment) Act, 1982 he shall be paid such pension or such increase in pension, as the case may be, only with eff ect on and from the date of publication of the said Act in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension. (2-B) (i) where any person entitled to pension under this section dies or disappears leaving his family, the family of such person shall be entitled to receive fifty percent of such pension subject to such conditions as may be prescribed. (ii) If there is any increase in pension by virtue of this section, the family referred to in clause (i) shall also be entitled to receive fifty percent of such increase in pension with eff ect from the date from which such increase in pension under this section is given eff ect to. Explanation:— For the purposes of this sub-section, in the case of person who is entitled to pension under this sub-section ‘family’ means- (i) wife in the case of a male person or husband in the case of a female person; (ii) son who has not attained the age of twenty one years and unmarried daughter who has not attained the age of twenty four years including such son and daughter adopted legally; (iii) father and mother in the case of unmarried person; (2-BB) - Omitted Explanation - Omitted (2-C) - Omitted (2-CC) (i) & (ii) Omitted Explanation - Omitted (3) The State Government may make rules providing for the conditions and restrictions subject to which such pension may be granted: Provided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than Travelling allowance either from any State or the Central Government or from any Company or statutory body owned or controlled by any State or the Central Government and if any such income was or is received the payment of pension shall be suspended for that period: Provided further that— (a )no such pension shall be paid to any person for the period during which such person was or is in receipt of pension for having been a Member of any other State Legislature, or honorarium either from any State or the Central Government or from any company or statutory body owned or controlled by any State or the Central Government and if the amount of such pension, or honorarium is equal to, or in excess of, the pension to which he is entitled under sub-section(1); (b) where the amount of such pension or honorarium is less than the pension to which he is entitled under sub-section (1), such person shall be entitled to receive only the diff erence as pension under that sub-section. Explanation I.—Omitted. Explanation II.—Omitted. Explanation III.—For purpose of this section, salary includes salary received under this Act and salary received as— (i) a Member of the Parliament or any other State Legislature. (ii) a Minister or Deputy Minister of the Government of India or any other State. (iii) The Chairman or Deputy Chairman of the Council of State of the Legislative Council of any other State. (iv) The Speaker or Deputy Speaker of the House of the People or of the Legislative Assembly of any other State.

(1) Every person, who had been a Member of the Legislative Assembly or the Legislative Council or both, but had ceased to be such Member shall be provided with one free non-transferable bus pass which shall entitle him to travel either singly or with his or her spouse or with any other companion at any time within any part of the State of Tamil Nadu by any bus run and operated by any Transport Corporation owned by the State Government. Provided that in case of air conditioned sleeper buses, the spouse or companion of such member shall be provided seating facility only. (2)The bus pass referred to in sub-section (1) shall be issued by such authority and in such manner as may be prescribed.