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Section 5: Travelling allowance to be paid to Members.

The Maharashtra Legislature Members’ Salaries and Allowances Act.State Act of Maharashtra · Act 49 of 1956

(1) There shall be paid to each Member a travelling allowance for a journey undertaken for the purpose of attending the session of the Assembly or Council or a meeting of a Committee to the place were such session or meeting is held [or for the purpose of transacting any business connected with his duties as Chairman of a Committee [or of attending to any other business connected with his duties as Member], to the place where such business is to be transacted] and for the return journey from such place-

[(i) at the rate of one and one-half of [the air conditioned two-tier fare] for a journey by railway or steamer, irrespective of the class in which the Member actually travels, and]

(ii) at such rate per mile for a journey by road, sea or river in addition to the journey by railway or steamer, as may likewise be prescribed * * *:

[ * * *]

[[Provided that], if a Member ordinarily resides or carries on business at any place outside the State of Maharashtra, he shall be entitled to travelling allowance under this section only for that part of his journey which is performed within the limits of the State]:

[[Provided further that], where a Member travels [by railway or steamer] in accordance with the facilities provided under section 5AC, or travels on a free pass under section 5A, he shall be entitled only to a travelling allowance of an amount equal to one first class fare for the distance travelled as if such journey had been performed by railway:]

[Provided also that, where a Member travels by railway actually by air-conditioned two-tier [or three-tier] he shall be entitled, if such journey is for any of the purposes specified in this section or, as the case may be, in accordance with the facilities provided under section 5AC, to a travelling allowance of an amount equal to one and one-half of air-conditioned two-tier [or three-tier] fare, or to one such fare, as the case may be.]

[(1A) Notwithstanding anything contained in sub-section (1), any member may undertake or perform journey by air from any airport to any cities or towns or from any cities or towns to any airport, within the State, total thirty-two single journeys; and journey from any airport within the State to any airport situated out of the State within the territory of India, total eight single journeys during the entire period of a year.

Explanation[I].- For the purposes of this sub-section, the term "any airport within the State" shall include such airport situated out of the State, which is nearest from his place of residence.]

[Explanation II.- Where the member undertakes or performs journey by air, alongwith his spouse, every single journey so undertaken or performed shall, for the purposes of this sub-section, be counted as two single journeys.]

[(2) Notwithstanding anything contained in section 4, or in this section, if a session of the Assembly or the Council is adjourned for more than one day and if a member undertakes a journey from the place where the session is held to the place where he ordinarily resides or carries on business and the return journey, he shall be entitled to draw, at his option, either the daily allowance for the period of such journeys or the travelling allowances.]

Where this provision sits

ActThe Maharashtra Legislature Members’ Salaries and Allowances Act.
Section5
Marginal noteTravelling allowance to be paid to Members.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Mah. 17 of 1962. These words were inserted by Mah. 17 of 1962, s. 3(l).
  • inserted, Mah. 3 of 1965. These words were inserted by Mah. 3 of 1965, s. 4(a) (i).
  • substituted, Mah. 3 of 1965. Clause (i) was substituted by Mah. 3 of 1965, s. 4 (a) (ii).
  • substituted, Mah. 18 of 2007. These words were substituted for the words "the first class fare" by Mah. 18 of 2007, s. 2(a).
  • omitted, Bom. 38 of 1959. The words "by the State Government" were deleted by Bom. 38 of 1959, s. 4(2).
  • omitted, Mah. 57 of 2018. The first proviso was deleted by Mah. 57 of 2018, s. 2(a).
  • inserted, Mah. 11 of 1966. This proviso was inserted by Mah. 11 of 1966, s. 2(2) (a).
  • substituted, Mah. 57 of 2018. These words were substituted for the words "Provided further that" by Mah. 57 of 2018, s. 2(b).
  • substituted, Mah. 3 of 1965. This proviso was substituted by Mah. 3 of 1965, s. 4(a) (iii).
  • substituted, Mah. 57 of 2018. These words were substituted for the words "Provided also that" by Mah. 57 of 2018, s. 2(c).
  • substituted, Mah. 64 of 1974. These words were substituted for the words "by railway" by Mah. 64 of 1974, s. 2.
  • added, Mah. 3 of 1991. This proviso was added by Mah. 3 of 1991, s. 3.
  • inserted, Mah. 14 of 1999. These words were inserted by Mah. 14 of 1999, s. 2(a).
  • inserted, Mah. 14 of 1999. These words were inserted by Mah. 14 of 1999, s. 2(a).
  • substituted, Mah. 32 of 2010. Sub-section (1A) was substituted by Mah. 32 of 2010, s. 18.
  • renumbered, Mah. 11 of 2013. The existing Explanation was renumbered as Explanantion I by Mah. 11 of 2013, s. 6.
  • inserted, Mah. 11 of 2013. Explanation II was inserted by Mah. 11 of 2013, s. 6.
  • added, Mah. 28 of 1981. Sub-section (2) was added by Mah. 28 of 1981, s. 4.

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