Reg1st~rc.u No,- A 12 The As~;am Gazett~· · Of}fl6T~Cf EX TRAQRDiNAR'I -- ----------- - ----- - -- ------ --- -. --_. ·----·· ------- ------- ; ~ 105 f~-t~~. C'ft~~f<i, 3 ~-'iilt~, 1978, 12 '1!!t~R t 1900 ("1<1>) No, 105 Dispar, Mon:hy, 3rd July, Una, 12th Asadha , 1900 (S. E.)
- .. ---------.. -------·--------------- ·------- --- . ·---- GOVERNMENT OF ASSAM ORDERSBYTHEGOVERNOR LEGISLATIVJ! DEPARTMENT NOTlFICATION The 1st July 1978 No.LGL.138/77/23.-The followir. g Act of the Assam Legislative Assembly which received the assent of the Goyernor is hereby published for general information.
b 742 THE ASSAM GAZETTE. EXTRAORDINARY, JULY 3, 1978 ASSAM ACT VI OF 1978 (Received the assent of the Governor on the 29th June, 1978) TITE SALARY AND ALLOWANCES OF· THE LEADER OF OPPOSITION . IN THE ASSAM LEGISLATIVE ASSEMBLY ACT, 1978 AN ACT to provide for the salary and allowances of the Leader of Opposition in the Assam Legislative Assembly.
Be it enacted by the Assam Legislative Assembly in the Twenty-ninth Year of the Republic of India as follows:- Short title 1. (1) This Act may be called the Salary and com ~n.:~ce- Allowances of the Leader of Opposition in the ment. Assam Legislative Assembly Act, 1978.
(2) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
Definition. 2. In this Act, "Leader of Opposition", means that member of the Legislative Assembly, who is, for the time being, the Leader of the party in Opposition in the House, having the greatest numerical strength and recognised as such by the Speaker.
Explanation.-Where there are two or more parties in opposition in the House having the same numerical strength, the Speaker shall, having regard to the status of the parties, recog nise any one of the Leaders of such parties as the Leader of Opposition for the purpose of this section and such recognition shall be final and conclusive.
Sa!adry of thfe 3. There shall be pald to the Leader of Lea er o 0 . . 1 f th d Opposition. ppos1hon a sa ary o rupees one ousan per mensem.
THE ASSAM GAZETTE, EXTRAORDINARY, JULY 3, 1978 743 Residence for 4 (1) The Leader of Opposition shall be the Leader · of provided with free furnished residence with Opposition. grounds appurtenant thereto, at the headquarters .of th.e Government.
(2) Such residence and the grounds appur tenant thereto, shall be maintained at the public expense which shall not exceed the amount prescribed by rules:
Provided that if the Leader of Opposition does not occupy the free furnished residence provided by the Government, a house rent allo wance at the rate of Rupees Two hundred and fifty per mensem · and such service allowances as may be prescribed by Rules shall be paid in lieu of such residence.
Explanation.-For the purpose of this section the expression "the public expense" shall include such expenses as may be prescribed by Rules.
Travellin~ 5. Subject to any rules made in this behalf ~~~wa~:~ly by the State Government, the Leader of Oppoto the sition shall be entitled to- Leader of Opposition0
(a) travelling allowances for himself and the members of his family and for transport of his and his family's effects-
(i) in respect of the journey to the state capital from his Usual place of residence outside the capital for assuming office;
and
(ii) in respect of capital to his outside the office; and the journey from the usual place of residence capital on relinquishing
(b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his duties as the Leader of Opposition, whether by sea, land or air.
714 THE ASSAM GAZETTE, EXT~~AORDINARY, JULY 3, 1978 Medical trea tment etc. to the Leader of O pposi tion.
6. (i) The Leader of the Opposition and the members of his family shall .be entitled to such medical treatment and benefits as may be laid down by rules to be made by the State Government.
Explanation.-For the purpose of this section the explanation "the members of his family'i shall mean and include such members as may be prescribed by Rules.
(ii) Those who are entitled to free medical attendance and treatment may take the same from any registered physician of their choice- Allopathic, Ayurvedic, Unani or Homeopathic and medical bills on prescription of such physician are re-imbursable.
Leader: . of 7. The Leader of Opposition in receipt of a Oppos1t1on l h' not to draw ~a ary or allowance under t is Act shall not be salary or entitled to receive any sum out of funds provided allowances · as Member by the House by way of salary or allowances m oLr . ~he respect of his membership of the Legislative eg1slative Assembly. Assembly.
Ameniti es to 8. (1) SubJ'ect to any rules made in this the Leader of behalf by the State Government, the Leader of Opposition. Opposition shall be entitled to telephone and secretarial facilities.
(2) The State Govennment may, from time to time, purchase and provide, suitable conveya nces for the use of the Leader of Opposition and may by Rules provide for their maintenance and repair.
(3) Leader of Opposition shall further be entitled to a conveyance allowance ·of Rupees two hundTed per mensem:
Provided that if the Leader of Oppositon chooses to maintain his own car, he shall be entitled to a conveyance allowance of Rupees three hundred per mensem.
THE ASSAM GAZETTE. EXT RAOR DfNA RY . JULY 3, 1978 745 - - -- - - ---·-- - - - - - ---- ··- - ·-----; - -·- N.,tification 9. The date on which any person became or ~~;~;\'~go n ceased to be the Leader of Opposition shall be wh ich a published in the Official Gazette, and any such ~=~~11 b~; notification shall be conclusive · evidence of the ceased to be fact that he became or ceased t o be, the Leader the Lead er . . ' 11 h f or o ,, posi- of Oppos1t10n on that date for a t e purposes o tion t~ be this Act.
conclusive evidence ther~of.
Power to 10. (1) The State Government may, by notifi make r ules. cation in the official Gazette, make rules for carry ing out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mat t ers, nam ely :-
(a) the admissible section 5;
travelling and t o the Leader of daily allowance Opposition under
(b) the medical treatment admissible to the Leader of Opposition and the members of his fami ly under section 6 ;
(c) the telephone and secretarial facilities , conveyance and conveyance allowance admissible to the Leader of the Opposition under section 8.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two succes sive sessions, and if, before the expiry of the session in which it is so laid or the session imme diately following, the Assam Legislative Assembly agree in making any modification in the r ule or the Assam Legislative Assembly agree that the rule should not be made, 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 annul ment shall be without prejudice to the validity of any thing previously done under that rule.
746 THE ASSAM GAZETTE. EXTRAORDINARY, JULY 3, 1978 Amcn~me~1t 11. In the Assam Legislative Assembly of sectlon 'L. M •b ' S 1 · ~ct All A t 1958 .. or the Assam i.e1L ers a ar1es a1, owances c , , in Act, xrv Section 2, full stop at the end shall be deleted' or 1958• and the following shall be added to at the end "or the Leader of Opposition."
Amendment 12. In the Assam State Legislatul'e Members s~~~e t~g~~ (Removal of Disqualifications) Act, 1950,- lature Memb~rs (Removal or In the schedule appended . to Section 2, the DisquaJifica- following shall be added namely·- tions) Act, ' · 1950 (Assam Act XIII of 1950). "12. The Leader of Opposition as defined in the Salary and Allowances of the Leader of Opposition in the Assam Legislative Assembly Ad, 1978".
U. TAHBlLDAR, Secretary to the Government of As< am, Leg'slatiye Department.
GAUHATI-Printed and published by tt·.e Supdt. ilc., Assam Govt. Printin~ Preif, (Ex-Gazette) No.209-c 32+250-3-7-1978. ·