407 THE SALARIES AND ALLOWANCES OF MINISTERS (PUDUCHERRY) ACT, 1964 (No. 14 of 1964) ARRANGEMENT OF SECTIONS SECTION
1. Short title and commencement.
2. Definitions.
3. Salary, daily allowances etc., of Ministers.
4. Residence of Ministers.
5. Conveyance allowance and use of motor-cars.
6. Motor-car advance.
7. Travelling and daily allowances to Ministers.
8. Medical treatment etc., to Ministers.
9. Ministers not to draw salary or allowances as members of Legislative Assembly.
10. Notification respecting appointment, etc., of Minister to be conclusive evidence thereof.
11. Power to make rules.
408 THE SALARIES AND ALLOWANCES OF MINISTERS (PUDUCHERRY) ACT, 1964 (No. 14 of 1964) AN ACT to provide for the salaries and allowances of Ministers of the Union territory of Puducherry.
BE it enacted by the Legislative Assembly of Puducherry in the Fifteenth Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Salaries and Allowances of Ministers (Puducherry) Act, 1964, + (2) It shall come into force at once.
2. Definitions. – In this Act, unless the context otherwise requires –
(a) “Act” means the Government of Union territories Act, 1963 (20 of 1963);
(b) “advance” means a repayable advance made to a Minister for the purchase of motor-car, or on account of travelling or daily allowance;
(c) “family” means a Minister’s wife residing with him and legitimate children and step-children residing with and wholly dependent on him. Not more than one wife is included in a family for the purposes of this Act. If the Minister is a married woman, “family” will include her husband residing with her;
(d) “Minister” means a Minister appointed under sub-section (1) of section 45 of the Act and includes the Chief Minister and a Deputy Minister;
(e) “travelling allowance” means allowance granted to Minister to cover the expenses which he incurs in travelling in the interest of public service as against travelling in personal interest or for private purpose, such as journeys for rest or recoupment of health or for attending party meetings or for election campaign;
(f) “Government” means the Administrator of the Union territory of Puducherry appointed under article 239 of the Constitution.
+ This Act came into force w.e.f 22.03.1965 409 **[3. Salary, daily allowances, etc., of Ministers . (1) There shall be paid to each Minister a salary of eight thousand rupees per mensem;
(2) There shall be paid to each Minister,-
(a) compensatory allowance of ten thousand rupees per mensem;
(b) contingency allowance of four thousand rupees per mensem;
and
(c) constituency allowance of five thousand rupees per mensem.
(3) Every Minister shall also be entitled to receive allowance for each day during the whole of his term of office at the rate of rupees five hundred.]
4. Residence of Ministers. – Each Minister shall be entitled without any payment to the use and maintenance of a furnished residence throughout his term of office and for a period of fifteen days immediately thereafter, and so long as such residence is not provided, there shall be paid a compensatory allowance or *[rupees five hundred] per month in the case of a Minister other than a Deputy Minister and *[rupees four hundred per month] in the case of a Deputy Minister.
Explanation. – For the purposes of this section, “residence” includes the staff quarters and other buildings appurtenant thereto, and the garden thereof, and ‘maintenance’ in relation to a residence includes provisions of electricity and water to the extent of rupees **[two thousand five hundred rupees per mensem] to each Minister and also payment of local rates and taxes.
* Substituted by Act 9 of 1994 w.e.f 20.09.1993 ** Amended vide Act No.4 of 2010. This Act has come into force w.e.f 09.02.2007 410
5. Conveyance allowance and use of motor-cars. – Each Minister shall be entitled to : -
(a) (i) the free use of a motor-car, the cost of maintenance of which shall be borne by the Minister;
(ii) the services of a chauffeur; and
(iii) Petrol for the car up to a maximum of sixty litres per mensem, the cost of which shall be borne by the Government; or;
(b) a conveyance allowance of rupees *[seven hundred] per month, if he uses his own vehicle; or
(c) the free use of a motor-car, the entire cost of maintenance and propulsion of which shall be borne by the Government subject to the following conditions, namely:-
(i) no conveyance allowance shall be admissible;
(ii) for journeys on tour, only daily allowance shall be admissible according to normal rules and no mileage allowance shall be admissible;
(iii) in respect of journeys which do not qualify for travelling allowance within 8 kilometres from the headquarters, a limit of 600 kilometres per month of 1,800 kilometres per quarter will apply and beyond these limits, charges at the rates prescribed under the Staff Car Rules shall be payable to the Government;
(iv) charges at the rates mentioned above shall also be payable in respect of private journeys performed by the vehicle beyond 8 kilometres from headquarters; and
(v) a long book shall be maintained for journeys referred to in sub-clauses (iii) and (iv) to facilitate payments to Government.
Explanation. – For the purposes of clause (a) “maintenance” shall include the cost of petrol and oil, servicing, repairs below Rs. 25 and other incidental charges, but shall not include expenditure on insurance and fees for registration and Municipal taxes.
* Substituted by Act 9 of 1994 w.e.f 20.09.1993 411
6. Motor-car advance. – There may be paid to a Minister by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for the purchase of a motor-car, in order that he may be able to discharge conveniently and efficiently the duties of his office.
7. Travelling and daily allowances to Ministers. – (1) Subject to the provisions of the Schedule to the Act, a Minister shall be entitled to ---
(a) travelling allowances for himself and the members of his family and for the transport of his and his family’s effects : -
(i) in respect of the journey to Puducherry from his usual place of residence outside Puducherry for assuming office; and
(ii) in respect of the journey from Puducherry to his usual place of residence outside Puducherry on relinquishing office; and
(b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his official duties, whether by land, sea or air.
(2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof.
8. Medical treatment, etc., to Ministers. – A Minister and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment in accordance with the Medical Attendance Rules, as amended from time to time, applicable to Class I Officers serving in connection with the administration of the Union territory of Puducherry.
9. Ministers not to draw salary or allowances as Members of Legislative Assembly. – No person in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by the Legislative Assembly of the Union territory of Puducherry by way of salary or allowance in respect of his membership of such Assembly except to the extent specifically provided by and under this Act.
10. Notification respecting appointment, etc., of Minister to be conclusive evidence thereof. – The date on which any person became or ceased to be a Minister shall be published in the Official Gazette of the Union territory of Puducherry, and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Minister on that date for all the purposes of this Act.
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11. Power to make rules. – (1) The Government may, by notification in the Official Gazette of the Union territory of Puducherry, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modifications in the rule, 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.
SCHEDULE (See section 7)
1. Travelling on duty. – When travelling on duty by railway or by road or by steamer, a Minister shall be entitled to draw travelling allowance and daily allowance at the maximum rates applicable to *[a Group ‘A’ Officer of the highest grade] serving in connection with the administration of the Union territory.
Provided that a Minister shall be entitled to draw only half of such travelling allowance if he travels on duty by road in a motor-car provided to him under clause (a) of section 5.
2. Travelling allowance on journey for assuming and demitting of office.
– In respect of the journey to headquarters from his usual place of residence for assuming office or between headquarters and his usual place of residence on demitting office, a Minister is entitled to travelling allowance on the scale for the time being admissible to *[a Group ‘A’ Officer of the highest grade] serving in connection with the Administration of the Union territory 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.
2A. Travel by railway. – A Minister when travelling by railway on duty shall have the right to travel by first class compartment or by an air-conditioned coupe.
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 Air Transport Undertaking plying for hire.
* Amended vide Act No.4 of 2010. This Act has come into force w.e.f. 09.02.2007 413
(2) On the cancellation of a journey due to official reasons, 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 utilise the free transport provided by the Air Transport Undertaking between the Air booking Centre and the Airport 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.
4. Advances. – 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 effects : -
(i) in respect of the journey to headquarters from headquarters to his usual place of residence outside the headquarters on relinquishing office.
(b) an advance of travelling and daily allowance in respect of the tours undertaken by him in the discharge of his official duties whether by sea, land or air.
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