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Section 3: Salaries and daily allowances.

The Salaries and Allowances of the Members of Jammu and Kashmir State Legislature Act, 1960Union territory Act of Jammu and Kashmir · Act 19 of 1960

(1) There shall be paid to each member of the [Legislative Assembly of the Union territory of Jammu and Kashmir] a salary at the rate of [sixty thousand rupees] per mensum :

Provided that where a member fails to attend at least 90 per centum of the total number of the meetings held in any month or [if elected or nominated during the course of a month,] fails to attend at least 90 per centum of the total number of meetings held in that month subsequent to the date on which he takes his oath, he shall not be paid any salary for that month unless he satisfies the Speaker of the Legislative Assembly [x x x x] that he was prevented by reason of ill health or sufficient cause from attending the required number of the meetings.

[(1-A] The salary referred to in sub-section (1) shall accrue to a member from the date on which he is declared duly elected [x x x x] from the date on which he is so nominated or, if such declaration or nomination is made before the vacancy occurs, from the date of occurrence of the vacancy :

Provided that the salary shall not be paid until the member has made and subscribed the oath of affirmation referred to in [section 24 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)] :]

[Provided further that in case of a general election for the new Legislative Assembly if held during the term of old Legislative Assembly and the results whereof are declared before the expiration of the term of old Legislative Assembly, the members of the new Legislative Assembly shall get their salary from the date when the new Legislative Assembly is declared to have been constituted through a notification in the 9Official Gazette].

(2) There shall also be paid to each member of the [Legislature of the Union territory of Jammu and Kashmir] a daily allowance at the rate of [two thousand] rupees for attending session of the [Legislative Assembly of the Union territory of Jammu and Kashmir] or meetings of the committees :

Provided that he attends all meetings and in case of absence from any meeting he has explained such absence to the satisfaction of the Speaker of the Legislative Assembly [or the Chairman of the Legislative Council, as the case may be] :

Provided further that where such absence has been explained to the satisfaction of the Speaker [or the Chairman, as the case may be], the daily allowance shall be drawn at the following rates :—

(a) for the first six days of absence in a session ... Full Rate.

(b) for a further twelve days of absence in ... Half rate. a session

(c) for days of absence in excess of eighteen ... No in a session allowance.

(3) Notwithstanding anything hereinbefore contained salary shall be paid to a member in respect of any period during which he remains in detention under any law for the time being in force.

Where this provision sits

ActThe Salaries and Allowances of the Members of Jammu and Kashmir State Legislature Act, 1960
Section3
Marginal noteSalaries and daily allowances.
JurisdictionUnion territory of Jammu and Kashmir
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.

  • substituted. . Substituted for “State Legislature” by S.O. 3466(E) dated 05.10.2020.
  • substituted, Act V of 2016. . Substituted by Act V of 2016, s. 2 for “thirty-five thousand rupees” For earlier amendments see Act XVII of 2006 and X of 2011.
  • substituted, Act XXXVII of 1963. . Substituted vide Act XXXVII of 1963.
  • omitted. . Words omitted by S.O. 3466(E) dated 05.10.2020.
  • inserted, Act XXXVII of 1963. . Inserted vide Act XXXVII of 1963 w.e.f. 26-10-1960.
  • omitted. . Certain words omitted by S.O. 3466(E) dated 05.10.2020.
  • substituted. . Substituted ibid for “section 64 of the Constitution of Jammu and Kashmir”.
  • inserted, Act XVI of 1976. . Inserted vide Act XVI of 1976.
  • substituted. . Substituted by S.O. 3466(E) dated 05.10.2020 for “Government Gazette”.
  • substituted, Act IV of 2018. . Substituted for “one thousand” by Act IV of 2018, s. 2. For earlier amendments see Act XVII of 2006 and IX of 2013.
  • substituted. . Substituted for “Legislature” by S.O. 3466(E) dated 05.10.2020.
  • omitted. . Words within brackets being obsolete need to be omitted.

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