(1) The Government may, by notification in the official gazette, make rules for carrying out the purposes of this Act.
(2) All rules made under this Act, shall, as soon as possible after they are made, be placed on the table of the Assembly and shall be subject to such modification by way of amendments of repeal, as the Assembly may make within fourteen days on which the House actually sits either in the same session or in more than one session -------------------- _________________________________________________________________________ ++Amended vide Act No.4 of 2013 and this amendment shall be deemed to have come into force w.e.f 09.02.2007.
_________________________________________________________________________________________________________________________________________________________________________________________________________ 424 FIRST SCHEDULE (See section 7)
1. Admissibility of travelling allowance where a Member is provided with free transit for the whole or any part of the journey. – No travelling allowance under section 4 shall be claimed by a Member in respect of any journey or part thereof performed by him in a conveyance provided at the expense of the Government, or a Local Fund, but he shall be entitled to draw an allowance at the rate of Rs. 3 only per diem where the duration of such journey lasts for not less than six hours on any day:
Provided that the provisions of this paragraph shall not apply to a journey performed on any railway.
Note: The amount of Rs. 3 is granted to the Members to cover his incidental expenses during such journey or part thereof and is in lieu of the extra road mileage when he performs the journey by a conveyance supplied without charge. This allowance is not an alternative to the daily allowance admissible under section 3 per diem which is allowed to him where admissible for each day of residence on duty.
2. Admissibility of travelling allowances where the place from which a Member performs his journey or to which he returns is not his usual place of residence. – (1) Where a member performs a journey for the purposes of attending a session of the Assembly or a meeting of a Committee or for the purpose of attending to any other business connected with his duties as a member from a place other than his usual place of residence or returns to such a place, he may draw travelling allowance for the actual journey performed or the journey from or to his usual place of residence, whichever is less.
(2) Where during a session of the Assembly or a sitting of a Committee, a Member performs a journey from the place where such session or sitting is held to any other place for the purpose of attending to any business connected with his duties as a Member he shall be entitled to receive --
(a) travelling allowance, in respect of such journey to such other place and return journey, at the rate specified in section 4 and
(b) daily allowance for each day during any period of residence on duty at the other place at the rate specified in section 3.
3. Regulation of the payment of daily and travelling allowance under the Act. – (1) Notwithstanding that a Member has not taken his seat in the Assembly to which he is elected or nominated, he shall be entitled to receive travelling allowance for the journey performed by him for the purpose of taking his seat in the Assembly.
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(2) For absence for a period of seven days or more during a session of the Assembly or a meeting of a Committee for visiting any place in the Union Territory of Puducherry, no travelling or daily allowance will be admissible. The period of absence of a Member shall be reckoned in terms of days beginning and ending at midnight.
Explanation: If a Member comes back on the seventh day whether in the forenoon or in the afternoon, his absence shall be treated as being less than 7 days.
(3) The term “during a session” or “a sitting of a Committee” occurring in section 5 and in sub-paragraph (2) of this paragraph does not include the period of three days immediately preceding the commencement of and three days immediately succeeding the end of the session or two days immediately preceding the commencement of the business, and two days immediately succeeding the conclusion of the business of the committee.
(4) If a Member leaves the place where the session of the Assembly or a sitting of a Committee is held before the commencement of the interval between the adjournment the session or the sitting of the Committee sine die and the commencement of another session or sitting, such interval not exceeding a period of three days, his absence from that place shall be treated as intermediate absence during a session of the Assembly or a sitting of a Committee as the case may be, and the provisions of section 5 shall apply accordingly.
(5) Travelling allowance for a return journey to the usual place of residence shall be admissible to a Member who leaves the place of a session of the Assembly or a sitting of a Committee during the continuance of such session or sitting and returns to the place of the session or sitting after the conclusion of the business of the session or the sitting, as the case may be, before finally returning to his usual place of residence.
(6) All cases regarding the admissibility of travelling allowance to a Member who arrives at the place where a session of the Assembly or a sitting of a Committee is held, without knowledge of the postponement of the session or the sitting including cases of such Members who arrive after the session or a sitting is adjourned suddenly shall be determined by the Speaker of the Assembly having regard to the circumstances of each case.
(7) Where a Member is provided with free board and lodging at the expenses of the Government or a Local Fund, he shall be entitled to receive only one-half of the daily allowance admissible to him under section 3. If only boarding or lodging is allowed free to the Member, he shall be entitled to receive threefourths of the daily allowance admissible to him under that section.
426 SECOND SCHEDULE (See section 8) Procedural provisions: -- (1) Every Member shall, as soon as possible after he is elected or nominated, declare his usual place of residence to the Controlling Officer, and any subsequent change in the usual place of residence so declared shall be notified to the Controlling Officer in Form A as early as possible.
(2) A Member who claims any travelling or other allowances under this Act, shall support his claim by a Certificate in the following form:
“Certified that no travelling allowance in respect of the journey or daily allowance for the period mentioned in this bill has been or will be claimed from any other official source.”
(3) Where no part of the journey is performed by a conveyance provided at the expense of the Government or a Local Fund, the following certificate shall be furnished, namely: - “Certified that I have not performed any part of the journey by a conveyance provided at the expense of the Government or a Local Fund.”.
(4) After completing each final return journey on the termination of a session of the Assembly or a sitting of a committee or any other business connected with his duties as a Member shall furnish a Certificate in Form B.
(5) Ordinarily, any non-governmental dues outstanding against a member shall not be recovered from his salaries and allowances but where such dues are on account of certain services rendered to him in the course of his duties as a Member such as when he is on tour with a committee, and the arrangements for such services have been made by or at the instance of semi-Government institutions or private parties at the request of officers of the Assembly, and where such Member in spite of repeated requests had failed to make payment of such dues, recovery thereof may be effected from the salary or travelling or daily allowance bills of such Member.
FORM A I have changed my usual place of residence from …………………………………………..……..to….………………………………………..
with effect from …………………………………………….due to ……….…………….(here state the reasons)……………………..
I may henceforward be allowed travelling allowance from…………………..
Signature:
Constituency No:
Date:
427 FORM B Departure and return journey certificate (The Certificate may kindly be filled in, signed and returned to the Secretary, Legislative Assembly, as soon as possible, after completion of the return journey.)
1. Certified that I performed the return journey under section 4 of the Salaries and Allowances of Members of the Legislative Assembly (Puducherry) Act, 1964 leaving ……………………………………………….
(place)…………………………………..on the…………….(date)…………………I arrived at……….………..…………………….. (place)………………………….on the …………………..(date).
2. Certified that I have not performed any part of journey (other than the railway journey) by a conveyance provided at the expense of the Government or a Local Fund.
*3. Certified that I actually travelled by air from……………….… (place)…………………….………. to ………………………………………. (place) …………….. ………………..by day/night service.
Payment of the supplementary bill is required at ………………………….. (station) ……………………………..
Station:
Date: Member of the Legislative Assembly * Strike out if not applicable.