REPEAL AND SAVINGS

The Salaries, Allowances, Pensions and Other Benefits of the Ministers, Speaker, Deputy Speaker, Leader of Opposition, Government Chief Whip and Members of the Legislative Assembly (Tripura) Act, 2008

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Statutory text

(1) The Salaries and Allowances of Ministers (Tripura) Act, 1972, The Salaries, Allowances of the Speaker and Deputy Speaker of the Assembly (Tripura), Act, 1972, The Salaries, Allowances and Pension of Members of Legislative Assembly (Tripura), Act, 1972 and The Salary, Allowances and other Amenities of the Leader of the Opposition in the Tripura Legislative Assembly Act, 2001 are hereby repealed.
(2) Notwithstanding such repeal anything done, order issued, rules made and action whatsoever taken under the Acts mentioned in the preceding sub-section shall be deemed to have been done, issued, made and taken under the corresponding provisions of this Act and rules made thereunder. First Schedule. FIRST SCHEDULE (See section 6) 1. Travelling on duty. -
(1) When travelling on duty by railway or by road or by steamer or by air a Minister shall be entitled to draw travelling allowance at the maximum rates applicable to a first grade officer serving in connection with the State of Tripura and daily allowance at the rate as applicable to a Member of the Tripura Legislative Assembly Provided that a Minister who exercises option under clause (a) of section 5 and travels by a motor-car provided to him under the said clause, shall be entitled to travelling allowance at the following rates, namely: -
- (i) If he travels by the motorcar more than 32 Kilometers in one day, he may draw for the first 32 kilometers the mileage allowance and for the remainder of the journey three-fourths of such mileage allowance;
- (ii) if he combines with a journey by the motor-car a road journey by other conveyance, he may draw the mileage allowance admissible for the first 32 kilometers or for the journey by other conveyance, which ever is greater and for the remainder of the journey three-fourths of such mileage allowance;
- (iii) if he combines with a journey by road, whether made wholly or partly in the motor-car, a journey by railway or steamer, he may draw mileage allowance for the journey by railway or steamer in addition to the allowance admissible under sub-clauses (i) and (ii) above for the journey by road: Provided further that a Minister who exercises option under clause (b) of section 5, shall be entitled to no travelling allowance for journey up to 16 kilometers and for journey beyond 16 kilometers, he will be entitled to travelling allowance at the following rates, namely: -
- (i) if the journey is performed otherwise than in his own conveyance, the travelling allowance, i.e. daily allowance, and / or mileage allowance, as admissible under the rules applicable to a first grade officer serving in connection with the State if Tripura may be drawn in full;
- (ii) if he travels by road in his own conveyance, either in combination with the rail/streamer/air journey or otherwise, he may, at his option, exchange his conveyance allowance at the rate of 1/30th for each day for any travelling allowance i.e. daily and/or mileage allowance admissible to him under the rules applicable to a first grade of ficer serving in connection with the State of Tripura. Provided also that a Minister who exercises option under clause (c) of section 5, shall be entitled to only daily allowance according to the rules applicable to a first grade officer serving in connection with the State of Tripura and he will not be entitled to any mileage allowance. 2. Travelling allowance on journeys for assuming and demitting of office - In respect of the journey to head-quarters from his usual place of residence for assuming office, or between head-quarters and his usual place of residence on demitting office a Minister shall be entitled to travelling allowance on the scale for the time being admissible to a first grade officer serving in connection with the State of Tripura on transfer, subject to the modification that for journeys by rail, a Minister and the members of his family may travel by air-conditioned class of accommodation: Provided that a Minister may on such a journey carry personal effect, upto a maximum of 2400 kilogram for himself and his family. 3. Travel by air -
(1) A Minister may, in the public interest, perform journeys on tour by air i.e. in an aircraft of Public Transport Undertaking plying for hire.
(2) On the cancellation of a journey due to official reason, a Minister shall be entitled to be reimbursed by Government any deduction made by the Air- transport Undertaking when refunding the fare on account of cancellation of the air passage.
(3) A Minister who does not utilize the free transport provided by the Air Transport Undertaking between the air-booking center and the air-port may also recover in respect of journey to and from the airport actual travelling expenses or road mileage as for journey on duty by road, whichever is less. 4. Travel by rail - A Minister shall -
- (a) have the right to travel by a first class compartment or an A.C. Coupe, and
- (b) have the right to reserve by requisition an ordinary first class compartment when travelling by railway on duty. 5. Advance - A Minister shall be entitled to --
- (a) an advance of travelling allowance towards the cost of transporting himself and the members of his family and his family's effects -
  - (i) in respect of the journey to head-quarters from his usual place of residence outside head-quarters for assuming office:
  - (ii) in respect of the journey from head-quarters to his usual place of residence outside the head-quarters on relinquishing office; and
- (b) an advance of travelling and daily allowance in respect of the tours undertaking by him in the discharge of his official duties whether by sea, land or air : Provided that the provisions of rules 233 and 234 of the General Financial Rules, 1963, shall apply to the advance made under this paragraph. Second Schedule. SECOND SCHEDULE (See section 9) 1. Admissibility of traveling allowance where a member is provided with free transport for the whole or any part of the journey - No traveling allowance under sect or - of this Act shall be admissible to a member in respect of any journey or part thereof performed on a conveyance provided at the expenses of Government or a local fund, but he shall be entitled to draw allowance at the rate of rupees ten only per diem where the duration of such journey lasts for not less than six hours on any day: Provided that the provisions of this paragraph shall not apply to the journey performed on any railway. Note - The amount of Rupees Three is granted to the member to cover his incidental expenses during such journey or part thereof and is in lieu of the extra road mileage when he performs the journey by a conveyance supplied without charge. This allowance is not alternative to the daily allowance as admissible under section 7 of this Act, which is allowed to him where admissible for each day during any period of residence on duty. 2. Admissibility of traveling allowance where the place, from which a member performs his journey or to which he returns, is not his usual place of residence: -
(1) Where a member performs a journey for the purpose of attending a session of the Assembly or a sitting of a committee or for the purpose of attending to any other business connected with his duties as a member from a place other than his usual place of residence or returns such a place he may draw traveling allowance for the actual journey performed or the journey from or to his usual place of residence whatever is less.
(2) Where during a session of the Assembly or a sitting of a committee, a member performs a journey from the place where such session or sitting is held to any other place for the purpose of attending to any business connected with his duties as a member, he shall be entitled to receive.
- (a) traveling allowance in respect of such journey to such other place and return journey at the rate specified in section 7 of this Act, and
- (b) daily allowance for each day during any period of a residence on duty at the other place at the rates specified in section 7 of the Act. 3. Regulation of the payment of daily and travelling allowances under this Act ---
(1) Notwithstanding that a member has not taken his seat in the Assembly to which he is elected or nominated, he shall be entitled to receive traveling allowances for the journey performed by him for the purpose of taking his seat in the Assembly.
(2) For absence for a period of seven days or more during a session of the Assembly or a sitting of committee for visiting any place in the State of Tripura, no traveling or daily allowance shall be admissible. The period of absence of a member shall be reckoned in terms of days beginning and ending at midnight. Explanation - If a member comes back on the seventh day whether in the forenoon or in the afternoon his absence shall be treated as being less than seven days.
(3) The terms “during a session” or a “sitting of a committee” occurring in section 7 of this Act and in sub-paragraph (2) of this paragraph does not include the period of three days immediately preceding the commencement of land three days immediately succeeding the end of the session or two days immediately preceding the commencement of the business, and two days immediately succeeding the conclusion of the business of the committee.
(4) If a member leaves the place where the session of the Assembly or a sitting or a committee is held before the commencement of the interval between the adjournment of the session or the sitting of the committee sine die and the commencement of another session or sitting, such interval not exceeding a period of three days, his absence form that place shall be treated as intermediate absence during a session of the Assembly or a sitting of a committee, as the case may be, and the provisions of section 7 of this Act shall apply accordingly.
(5) Traveling allowance for a return journey to usual place of residence shall be admissible to a member who leaves the place of session of the Assembly or a sitting of a committee during the continuance of such session or sitting and return to the place of session or sitting within three days after the conclusion of the business of the session or the sitting, as the case may be, before finally returning to his usual place of residence.
(6) All cases regarding the admissibility of traveling allowances to a member who arrives at the place where a session of the Assembly or a sitting of a committee is held without.knowledge of the postponement of the session or the sitting including cases of such members who arrive after the session or a sitting is adjourned suddenly shall be determined by the Speaker of Assembly having regard to the circumstances of such case.
(7) Where a member is provided with free board and lodging at the expense of the Government or a Local Fund, he shall be entitled to receive only one-half of the daily allowance admissible to his under section 7 of this Act. If only boarding or lodging is allowed free to the member, he shall be entitled to receive three- fourths of the daily allowance admissible to his under that section. Third Schedule. THIRD SCHEDULE (See section 25) Procedural provision -
(1) Every member shall, as soon as possible after he is elected or nominated, declare his usual place of residence to the Controlling Officer and any subsequent change in the usual place of residence so declared shall be notified to the Controlling Officer in Form 'A'.
(2) A member who claims any traveling or other allowances under this Act shall support his claim by a certificate in the following form, namely: - "Certified that no traveling allowance in respect of the journey or daily allowance for the period mentioned in this bill has been or will be claimed from any other official source".
(3) Where no part of the journey is performed by a conveyance provided at the expense of the Government or a Local Fund, the following certificate shall be furnished, namely: - "Certified that I have not performed any part of the journey by a conveyance provided at the expense of the Government or a Local Fund."
(4) After completing each final return-journey on termination of a session of the Assembly or a sitting of a committee or any other business connected with his duties as a member, a member shall furnish a certificate in Form 'B'.
(5) Ordinarily, any non-Government dues outstanding against a member shall not be recovered from his salaries and allowances but where such dues are on account of certain services rendered to him in the course of his duty as a member, such as when he is on tour with a committee, and the arrangement for such services have been made by or at the instance of semi-Government Institutions or private parties at the request of officers of the Assembly, and where such member, in spite of repeated requests, has failed to make payment of such dues, recovery thereof may be effected from the traveling or daily allowance bills of such member. FORM 'A'. FORM 'A' My usual of residence is ------------------------------- OR I have changed my usual place of residence ----- ----- ----- From ---- ---- to ---- ---- with effect from ---- ---- due to ---------------- ------------------------------------------------------------- (here state the reason) I may henceforward be allowed traveling allowances from ------------- ------------------------------------------------------------- Signature --------------------------- Constituency No. -------------------- Date -------------------------------- FORM 'B'. FORM 'B' DEPARTURE AND RETURN JOURNEY CERTIFICATE (The certificate may kindly be filled in, signed and returned to the Secretary, Legislative Assembly, as soon as possible, after the completion of the return journey.) 1. Certified that I performed the return journey under section 7 the Salaries, Allowances, Pensions and other benefits of the (Ministers, Speaker, Deputy Speaker, Leader of Opposition, Government Chief Whip and the Members of the Legislative Assembly) Tripura, Act, 2008 , leaving....' ....................... on the (date ) ............... I arrived at ............. (place) ...............
- (date) on the date ............... 2. Certified that I have not performed any part of journey (other than the railway journey) by a conveyance provided at the expense of the Government or a Local Fund *3. Certified that I actually traveled by Air from ....................................to.................................... By Flight No. (Place).....................................................................payment of the Supplementary Bill is required at .................................................... (Station) Station............................................................................ (Member of the Legislative Assembly) Dated the ................. Constituency No...................................................

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