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Section 8: Miscellaneous provisions in relation to foregoing rules

The Leader of Opposition in Maharashtra Legislature Allowances Rules 1987State Rules of Maharashtra · 1978

For the purposes of the foregoing rules,—

(1) A member of a Leader of the Oppositions' family who follows him within six months after the date of his taking over charge as Leader of the Opposition may be treated as accompanying him;

(2) if any such member travels from place in or out of India other than the Leader of the Opposition’s usual place of residence outside Bombay, the Leader of the Opposition may draw the actual fare for the journey made by such member by rail or steamer, plus the road mileage, if any, at the rate and subject to the conditions prescribed in sub-rule (1) of rule 5, for the actual distance of the road journey performed by such member; Provided that their sum shall not exceed the total mileage allowance that would have been admissible had such member proceeded from his usual place of residence outside Bombay to Bombay;

(3) No travelling allowance shall be admissible in respect of a member added to the family, after the date of taking over charge as the Leader of the Opposition;

(4) A Leader of the Opposition who claims higher, travelling allowance on the ground that the members of his family accompanied him, shall support his claim by a certificate showing their number and relationship ;

(5) A Leader of the Opposition claiming the cost for transport of personal effects shall support his claim by a certificate that the actual expense incurred was not less than the sum claimed ;

(6) While furnishing the declaration of actual expenses, the Leader of the Opposition shall state the weight of personal effects actually carried and the details of the amount actually paid for its transport separately by rail, road, steamer or other craft.

(7) The following charges shall be admitted in audit as part of the cost of transport, namely :—

(a) lighterage, wharfage and port trust dues actually paid;

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(b) agency fees and other incidental charges actually incurred on the transport by sea of a Leader of Oppositions’ personal effects between his usual place of residence outside Bombay and the harbor, or the railway station and the harbor, or from one vessel to another at the rate of rupees (Rs. 2) for every 35 kilograms or part thereof, if it exceeds 17 kilograms of the personal effects actually conveyed subject to the maximum weight in kilograms prescribed in rule 4.

(c) Octroi duty.

Explanation.— In sub-clause (b) of sub-rule (7)—

(i) the incidental charges at the rate mentioned in that sub-rule may be admitted where a Leader of Opposition is required to transport his personal effects by means of a country-craft while crossing a river or creek in the course of a journey by road.

(ii) incidental charges do not include customs duty.

(8) The charges for the transport of personal effects of a Leader of Opposition allowed by this rule may be admitted in audit, if they do not, for good and sufficient reasons, accompany him, but are carried to Bombay within six months after the date of his taking over charge as Leader of Opposition;

(9) The Leader of Opposition, and not the Audit Office, is responsible for the accuracy of a claim for travelling allowance;

(10) A Leader of Opposition shall not claim travelling allowance in respect of that item of this travelling allowance bill on which he has not actually spent anything by virtue of his having been provided with free transit for himself, any member of his family, or kit, in a private or Government vehicle. He may, however, claim an allowance for incidental expenses at the rates appropriate for journeys by rail, steamer or State Carriage by which he would have travelled in the normal course but for availing of free transit :

Provided that, in case he is entitled to the higher road mileage under rule 5, a single mileage at such higher rate shall only be claimed in respect of himself and any member of his family who may also avail of free transit to cover incidental expenses. He may, however, claim travelling allowance as otherwise admissible for the members of his family who do not avail of free transit as well as for personal effects transported at his cost. The actual expenses or the transport of personal effects shall be restricted to the amount admissible for the maximum weight in kilograms as provided in rule 4(4) reduced by that carried free in a private or Government vehicles;

9 1 Substituted by G.N. of 28th June 2007.

(11) When a journey involves journey by more than one mode of travel (i.e by rail, steamer or road), the lump payments admissible under this rule shall be subject to a maximum limit of Rs. 150.

Where this provision sits

ActThe Leader of Opposition in Maharashtra Legislature Allowances Rules 1987
Section8
Marginal noteMiscellaneous provisions in relation to foregoing rules
JurisdictionState of Maharashtra
StatusIn force as published by the source

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