9[(1) Each member during the term of his office shall be entitled to travel at any time, by any railway or by air or by State Transport
1. Substituted for the sign “.” vide H.P. Act No. 9 of 1979
2. Proviso amended vide H.P. Act No. 3 of 1975, omitted by H.P Act No. 8 of 1976 and again first and second provisos added by 9 of 1977.
3. The word “four” substituted for the word “three” vide H.P. Act No. 16 of 1983, the word “five” substituted for the word “four” vide H.P. Act No. 3 of 1986, the words “eight” substituted for the word “five” vide H.P. Act No. 8 of 1988, the words “one thousand and five hundred” substituted for the words “eight hundred” vide H.P. Act No.5 of 1994, the words “three thousand” substituted for the words “one thousand and five hundred” vide H.P. Act No. 10 of 1996, the words “four thousand” substituted for the words “three thousand ” vide H.P. Act No. 17 of 1998, the words “ five thousand” substituted for the words “four thousand ” vide H.P. Act No. 13 of 2002 , effective from 1st April, 2002, the words “seven thousand” substituted for the words “five thousand” H.P. Act No. 19 of 2003, the words “ten thousand rupees” substituted for the words “seven thousand rupees” vide H.P. Act No. 19 of 2009 again the words “fifteen” substituted for words “ten” vide H.P. Act No. 45 of 2013.
4. The words “ one hundred and fifty” substituted for the words “one hundred” vide H.P. Act No. 16 of 1983, effective from 1st September, 1983 and for the word “one” the word “two” substituted vide H.P. Act No. 3 of 1986.
5. New Section 5-A inserted vide H.P. Act No. 5 of 1994, amended vide H.P. Act No. 17 of 1998.
6. Section 5-A. substituted vide H.P. Act No. 19 of 2003.
7. The words “one thousand five hundred” substituted for the words “one thousand” vide H.P. Act No. 11 of 2007, the words "three thousand" substituted for the words “one thousand five hundred” vide H.P. Act No. 31 of 2012, again the words “ five thousand” substituted for the words “three thousand” vide H.P. Act No. 16 of 2015.
8. Section 6 amended vide H.P. Act No. 9 of 1977, H.P. Act No. 9 of 1979, H.P.
Act No. 8 of 1981 and substituted vide H.P. Act No. 16 of 1983, effective from 1st September, 1983, vide H.P. Act No. 5 of 1994, H.P. Act No. 10 of 1996, 17 of 1998, H.P. Act No. 11 of 2006.
9. Sub-section (1) substituted vide H.P. Act No. 9 of 2001 again substituted vide H.P. Act No. 19 of 2010.
THE HIMACHAL PRADESH. LEGISLATIVE ASSEMBLY (ALLOWANCES 17 AND PENSION OF MEMBERS) ACT, 1971 Undertaking any class within or outside the country alongwith his family or any person accompanying him to look after and assist him during travel and shall be entitled for the reimbursement of actual expenses so incurred on production of tickets of such journey performed, subject to maximum of 1[two 1[two lac fifty thousand] rupees in each financial year:
2[Provided that the member while on official tour shall also be entitled entitled for the reimbursement of actual expenses so incurred by his family or any other person accompanying him to look after and assist him during travel by air or by rail or by public transport on production of tickets for such journey performed:
Provided further that the aggregate amount payable for the journey performed by railway or by air or by public transport in a financial year shall not exceed 3[two lac fifty thousand] rupees.]
(1-A) Each Member shall be entitled for an advance not exceeding rupees 4[twenty five thousand] on his request to undertake such journey and the advance so paid shall be adjusted before the closing of financial year, failing which the entire advance shall be recovered from his salary and allowances in lump-sum.
Explanation.- For determining the aggregate amount so incurred on such journey under this section, the amount so incurred in the same financial year by journey performed by railway or air under section 7 of the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 2000, or under section 10-A of Himachal Pradesh Legislative Assembly Speaker’s and Deputy Speaker’s Salaries Act, 1971 shall be taken into account.
(1-B) Each Member shall be provided with two free non-transferable passes which shall entitle him and his wife or any other person accompanying him to look after and assist him to travel at any time without payment or fare and passenger tax thereon by any public service vehicle of the Himachal Road Transport Corporation.]
(2) The 5[XXXXXXXXXX] free passes issued to a member under sub-section (1) shall be valid for the terms of his office and on the expiration of such term these shall be surrendered by him to the Secretary of the
1. Substituted for the words “two lac” substituted for the words “seventy five thousand” vide H.P. Act No. 16 of 2015, again the words “two lac fifty thousand” substituted for the words “two lac” vide H.P. Act No. 8 of 2016.
2. For the existing second and third provisos, a proviso was substituted vide H.P.
Act No. 11 of 1989, H.P. Act No. 5 of 1994, H.P. Act No. 10 of 1996, H.P. Act No. 17 of 1998, H.P. Act No. 19 of 2003, H.P. Act No. 11 of 2006, substituted vide H.P. Act No. 19 of 2010.
3 The words “two lac” substituted for the words “seventy five thousand” vide H.P.
Act No. 16 of 2015, again he words “two lac fifty thousand” substituted for the words “two lac” vide H.P. Act No. 8 of 2016..
4. The words “twenty five thousand” substituted for the words “ten thousand” vide H.P. Act No. 8 of 2016.
5. The words “coupon books and the” deleted vide H.P. Act No. 9 of 2001.
THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY (ALLOWANCES AND PENSION OF MEMBERS) ACT, 1971 18 Himachal Pradesh Legislative Assembly.
(3) Nothing in this section shall be construed as disentitling a member to any travelling allowance to which he is otherwise entitled under the provisions of this Act or rules made thereunder.]
1[6-A. Free transit facility by railway or by air or by State Transport Undertaking to ex-members.- Each ex-member shall be entitled to travel at any time by railway or by air or by State Transport Undertaking by any class within India alongwith his spouse or any person accompanying him to look after and assist him during travel and shall be entitled for the reimbursement of actual expenses so incurred on production of tickets of such journey performed, subject to maximum of 2[one lac twenty five thousand rupees] in each financial year:
Provided that the aggregate amount payable for the journey performed by railway or by air or by State Transport Undertaking in a financial year shall not exceed one lac rupees.]
6-AA. Compensatory constituency, 3[xxxxxxx] telephone allowances and other perquisites to the exclusive of income tax.- The 4[salary and compensatory], constituency 5[xxxxxx] and telephone allowances allowances payable to a Member and other perquisites admissible to him, under this Act, shall be exclusive of the income tax which shall be payable by the State Government.
Explanation.- The amount of income-tax payable by the State, would be first slab of the income assessed for income tax i.e. in assessing this amount, the other sources of income of the member concerned shall not be taken into consideration.]
1 Section 6-A inserted vide H.P. Act No. 9 of 1976, amended vide H.P. Act No. 5 of 1994 and existing section 6-A renumbered as section 6-AA and new section 6- A inserted vide H.P. Act No. 19 of 2003, amended vide H.P. Act No. 19 of 2010 and again substituted vide H.P. Act No. 16 of 2015.
2 . The words “one lac twenty five thousand rupees” substituted for the words “one lac rupees” vide H.P. Act No. 8 of 2016.
3. The words “secretarial postal facilities and” omitted vide H.P. Act No. 19 of
2009.
4. Substituted for the words “compensatory” vide H.P. Act No. 5 of 1994.
5. The words “secretarial postal facilities” vide H.P. Act No. 19 of 2009.
THE HIMACHAL PRADESH. LEGISLATIVE ASSEMBLY (ALLOWANCES 19 AND PENSION OF MEMBERS) ACT, 1971 1[6-B Pension.- (1) There shall be paid a pension of 2{Rs. 3[60,000] per mensem to every person who has served for any period up to five years}as,-
(a) a member of Assembly; or
(b) a member of the Territorial Council; or
(c) partly as a member of the Assembly and partly as a member of the Territorial Council 4[; or] 5[(d) a member of-
(i) the Legislative Assembly of the erstwhile State of Patiala and east Punjab States Union; or
(ii) the Legislative Assembly of the erstwhile Punjab State; or
(iii) the Legislative Council of the erstwhile Punjab State; or
(iv) partly as a member of the one and partly as a member of the other;
who has been elected or nominated to represent the whole or the part of the areas added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966. 6[XXXXX]
(e) partly as a member of the Assembly and partly as a member of the Legislative Assembly of erstwhile State of Patiala and East
1. Section 6-B inserted vide H.P. Act No. 43 of 1976, amended vide 11 of 1977, effective from 31st December, 1976, again amended vide H.P. Act No. 18 of
1986.
2. The words and figures “ Rs. 1,500 per mensem to every person who has served for any period upto five years” substituted for the words and figures “Rs. 1000 per mensem to every person who has served for a period of not less than 5 years whether continuous or not” vide H.P. Act No. 17 of 1998.
3. The figure “500” substituted for the figure “300” vide H.P. Act No. 18 of 1986, the figure “1000” substituted for the figure “500” vide H.P. Act No. 5 of 1994, the figure “5000” substituted for the figure “1500” vide H.P. Act No. 18 of 2005, the figures and sign “10,000” substituted for figure “5000” vide H.P. Act No. 19 of 2009, the figures and sign “14,000” substituted for the figures and sign “10,000” vide H.P. Act No. 19 of 2010, the figures and sign “18,000” substituted for the figure “14000” vide H.P. Act No. 31 of 2012, the figures “22,000” substituted for the figures “18,000” vide H.P. Act No. 45 of 2013 and again the figure and sign “36,000” the figures and sign “36,000” substituted for the figure and sign “22,000” vide H.P. Act No. 8 of 2016.
4. Substituted for the sign “:” vide H.P. Act No. 31 of 1978, effective from 31st December, 1976.
5. The clause (d) and (e) inserted vide H.P. Act No. 31 of 1978 effective from 31st December, 1976, amended vide H.P. Act No. 4 of 1982, effective from 31st December, 1976.
6. The words “and is an ordinary resident of the Territories as comprised in the State of Himachal Pradesh “omitted vide H.P. Act No. 9 of 1982, effective from 31st December, 1976.
THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY (ALLOWANCES AND PENSION OF MEMBERS) ACT, 1971 20 Punjab States Union or the Legislative Assembly/Council of the erstwhile State of Punjab, as the case may be:]
1[XXXXXXXXXXXXXXXXX] 2[Provided that where any person has served as aforesaid for a period exceeding first term, there shall be paid to him an additional pension of Rs.
3[1000/-] per mensem for every year in excess of the period of first term;
provided that 4[for] this purpose, the fraction of a year shall be counted as one one year:
5[XXXXXXXXXXXXXXXXXXXXXXXXXXX] 6[Provided further that while reckoning the period for the determination of the additional pension payable under the preceding proviso in the case of members elected from the constituencies comprised of Snowbound are (non-Synchronous are) where the elections are or may be conducted on any day subsequent to the day fixed for the general elections, the period intervening the date on which the oath is administered to the members elected to the Assembly in the general elections and the date on which the oath is administered to the members elected from the Snow-bound area (non- Synchronous area) shall also be counted.
Explanation.- The expression “snow bound area (non-Synchronous area)” means the area comprising Kinnaur Lahaul and Spiti district and Pangi and Bharmaur tehsils in Chamba district].
7[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
(2) Where any person entitled to pension under sub-section (1),-
(i) is elected to the office of the President or Vice-President or is appointed to the Office of the Governor of any State or
1. Proviso before existing proviso inserted vide H.P. Act No. 11 of 1977, effective from 31st December, 1976, amended vide H.P. Act No. 31 of 1978, effective from 31st December, 1976, amended vide H.P. Act No. 4 of 1982, and deleted vide H.P. Act No. 17 of 1998.
2. Proviso amended vide H.P. Act No. 11 of 1977, H.P. Act No. 8 of 1988, H.P.
Act. No. 17 of 1989, and existing first proviso substituted by 1st and second provisos vide H.P. Act No. 11 of 1999 effective from 24th August, 1998.
3. The figures “200” substituted for the figures “150” vide H.P. Act No. 18 of 2005, the figures and signs “ 400/-” substituted for figures and signs “200/-” vide H.P.
Act No. 19 of 2009, the figures and sign “500” substituted for figure and signs “400/-” vide H.P. Act No. 19 of 2010 again the figures “1000” substituted for the figure “500” vide H.P. Act No. 8 of 2016.
4. The words “for” substituted for the words “in no case the pension payable to such persons shall not exceed Rs. 13,000/- per mensem. For” vide H.P. Act No. 11 of
2006.
5. Second proviso deleted vide Act No. 18 of 2005.
6. Proviso alongwith Explanation inserted vide H.P. Act No. 19 of 1991.
7. Sub-section (1-A) inserted vide H.P. Act No. 3 of 1989 amended vide H.P. Act No. 2 of 1990, effective from 7th February, 1989, Act No. 14 of 1995 and omitted vide H.P. Act No. 17 of 1998.
THE HIMACHAL PRADESH. LEGISLATIVE ASSEMBLY (ALLOWANCES 21 AND PENSION OF MEMBERS) ACT, 1971 Administrator of any Union territory; or
(ii) becomes a Member of 1[XXXXX] any Legislative Assembly of a State or a Union territory or Legislative Council of State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966; or
(iii) is employed on a salary under the Central Government or any State Government or in a Corporation owned or controlled by the Central Government or any State Government or local authority or becomes otherwise entitled to any remuneration from State Government, Corporations or local authority :
such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member or is so employed or continues to be entitled to such remuneration :
Provided that where the salary payable to such person for holding such office or being such member or so employed or where the remuneration referred to in clause (iii) payable to such person is in either case less than the pension payable to him under sub-section (1) such person shall be entitled only to receive the balance as pension under that sub-section.
2[(3) Where any person entitled to pension under sub-section (1) is also entitled to any pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.]
(4) In computing the number of years for the purposes of sub-section
(1), the period during which a person has served as a minister, as defined in the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971 or the Speaker or the Deputy Speaker of the Assembly or the Chairman of the Territorial Council shall also be taken into account.
3[(5) Where any person who draws pension or is entitled to draw pension, under 4{sub-section (1) and (1-A)}], dies,-
(i) his/her spouse during his/ her life time or till he/she remarries; or
(ii) if such person leaves no spouse his minor children till they attain the age of majority and in case of daughters till they get married;
1. The words and sign “the Council of States or the House of the People or” deleted vide H.P. Act No. 14 of 1995.
2. Proviso to Sub-section (3) added vide H.P. Act No. 4 of 1982, amended vide 18 of 1986, substituted vide H.P. Act No. 8 of 1988 and again sub-section (3) substituted vide H.P. Act No. 14 of 1995.
3. Sub-section (5) inserted vide H.P. Act No. 3 of 1986, substituted vide H.P. Act No. 3 of 1987, H.P. Act No. 8 of 1988 and again substituted vide H.P. Act No. 3 of 1989, see transitory provisions at the end of the Act.
4. Substituted for the words, brackets and figures “Sub-section (1)” vide H.P. Act No. 2 of 1990.
THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY (ALLOWANCES AND PENSION OF MEMBERS) ACT, 1971 22 shall be entitled to draw pension 1[at the rate of 50% of pension as admissible to such person 2[XXXXXXXXXXXXXXXXXXXXXX]
Provided that where more than one person becomes entitled for pension under this sub-section all such persons shall draw the said pension in equal shares.]
3[(5-A) Notwithstanding anything to the contrary contained in this section where a person would have been entitled to draw pension under subsection (1) or sub-section (1-A) of this section but for his death before the 7th day of February, 1989 he could not draw such pension, his spouse, minor children or un-married daughters shall be entitled to draw pension under subsection (5), as if such person was alive on the 7th day of February, 1989.]
4[(6) Notwithstanding anything to the contrary contained in this section, where a person would have been entitled to draw pension, under subsection (1) but for his death before the 31st day of December, 1976 he could not draw such pension-
(i) his/ her spouse during his/her life time or till he/ she remarries; or
(ii) if such a person leaves no spouse, his/her minor children till they attain the age of majority and in case of daughters till they get married;
shall be entitled to draw pension equal to a sum which would have been drawn by such a person as pension under this section as if such person was alive on the 31st day of December, 1976 or the sum of rupees three hundred and Seventy five per mensem, whichever is higher ;
Provided that the upper limit of rupees three hundred and seventy five shall not apply for the pension under this sub-section for the period from the 24th day of January, 1986 to the 31st day of March, 1988:
Provided further that where more than one person becomes entitled to pension under this sub-section, all such person shall draw the said pension in equal shares.]
5[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
1. Substituted for the words and sign “of the rates specified in the Schedule to this Act” vide H.P. Act No. 11 of 1999, effective from 24th August, 1998.
2. The words “subject to a minimum of Rs. 1500/- per month (including Dearness Relief up to 1510 Consumer Price Index as on 1.1.1996)” deleted vide H.P. Act No. 18 of 2005.
3. Sub-section (5-A) inserted vide H.P. Act No. 2 of 1990 effective from 7th February, 1989.
4. Sub-sections (6) inserted vide H.P. Act No. 13 of 1988, effective from 24th January, 1986.
5. Sub-sections (6) and (7) inserted vide H.P. Act No. 11 of 1989 and again subsection (6) occurring immediately before sub-section (7) omitted vide H.P. Act No. 11 of 1999.
THE HIMACHAL PRADESH. LEGISLATIVE ASSEMBLY (ALLOWANCES 23 AND PENSION OF MEMBERS) ACT, 1971
(7) Every person who draws pension/family pension or is entitled to draw pension family pension shall, in addition to the pension/family pension admissible under this section, be paid dearness relief in pension at the same rates as is admissible to other pensioners of the State Government.]
1[6-C. Medical facilities to ex-members.- (1) Every person who is entitled to pension under the provision of section 6-B shall also be entitled to such medical facilities for himself and for the members of his family as are from time to time admissible to the retired Class I Officers of the Himachal Pradesh Government] 2[:]
3[Provided that a person who is not entitled to pension under this section either by virtue of the provisions contained in sub-section (3) of section 6-B or because he has served for a period less than five years, shall be entitled to the aforesaid medical facilities].
4[(2) Every person who is entitled to medical facilities under subsection (1), shall be entitled for medical advance, subject to the conditions as may be prescribed, for himself and for the members of his family.
Explanation.- For the purpose of this section, the expression "family" shall mean and include the spouse, 5[unmarried children] and parents of such a a person wholly dependent upon that person.]
6[6-CC. Telephone facilities to ex-members.- Every Ex-Member, who is entitled to pension under the provisions of section 6-B, shall also, on the production of actual payee’s receipt, be entitled to the reimbursement of the amount of rent paid by him for the telephone installed at his permanent place of residence.]
7[6-D. Recovery of Government dues from compensatory allowance or pension.- (1) If any person to whom compensatory allowance is admissible under this Act has been a member during any period earlier to his existing term and has not paid to the State Government any amount payable by him on account of any advance, any residential accommodation or any other facility of whatever nature, provided to him by the State Government during such earlier period in his capacity as Minister, Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or member, the above referred amount due from him may be recovered from his compensatory allowance.
(2) If any person, to whom pension, is admissible under this Act, has
1. Section 6-C inserted vide H.P. Act No. 11 of 1977.
2. The sign “:” substituted for the sign “.”vide H.P. Act No. 16 of 1983, effecive from 1st September, 1983.
3., Proviso added vide H.P. Act No. 16 of 1983, effecive from 1st September, 1983.
4. Existing Section 6-C renumbered as (1) and new sub-section (2) inserted vide H.P. Act No. 23 of 1984.
5. Substituted for the words “minor children” vide H.P. Act No. 4 of 1997.
6. Section 6-CC inserted vide H.P. Act No. 5 of 1994.
7. Section 6-D inserted vide H.P. Act No. 9 of 1979.
THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY (ALLOWANCES AND PENSION OF MEMBERS) ACT, 1971 24 not paid to the State Government any amount payable by him on account of any advance, any residential accommodation or any other facility of whatever nature provided to him by the State Government in his capacity as Minister, Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary or member, the above referred amount due from him may be recovered from his pension.]