The Salary and Allowances of the leader of Opposition in the Assam Legislative Assembly Act, 1978

Assam · state statute

Open in Lexace · Ask the AI about this act

Reg1st~rc.u No, - A 12
The As~;am Gazet t~· ·
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.)
- .. --------- .. -------·- -------- ------ ·------- --- . ·----
GOVER NMENT OF ASSAM
ORDERSBYTHEGOVERNOR
LEGISLATIVJ! DEPA RT MENT
NOTlFICATION
The 1st July 1978
No.LGL.138/77/23.-The followi r. 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
num erical 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 recognitio n 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
Oppo sition. 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 Oppo-
to the sition shall be entitled to-
Leader of
Opposition 0
(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 ,
Una ni 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 Memb er by the House by way of salary or allowances m
oLr . ~he respect of his membership of the Legislative eg1slativ e
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 all owance of Rupees
three hundred per mensem.
THE ASSAM GAZETT E. EXT RAOR DfNA RY. JULY 3, 1978 745
- - -- - - ---·--- - - - - -- --··- - ·-----; - -·-
N.,tificatio n 9. The date on which any person became or
~~;~;\'~ go n ceased to be the Lead er 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 t o 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
tio n t ~ be this Act.
conclu sive
evidence
t he r~ o f.
Power to 10. (1) The State Government may, by notifi
make r ules. cation in the official Gazette , make rules for
carr ying out the purp oses of this Act.
(2) In particular, and without prejudice to
the generalit y of the foregoing power , such rules
may provide for all or any of the following mat
ters, nam ely :-
(a) the
admissible
secti on 5;
travellin g and
t o the Le ader of
daily allow ance
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 peri od of fourteen days which
may be comprised in one session or in two succes
sive sessions, and if, before the expiry of the
ses sion 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 Assembl y
agree that the rule should not be made , the rul e
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 pre viousl y done under that rule .
746 THE ASSAM GAZETTE. EXTRAORDINARY, JULY 3, 1978
Amcn~m e~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 Mem-
b~r s (Re-
moval or In the schedule appended . to Section 2, the
DisquaJifi ca- 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 Governm ent of As< am,
Leg'slatiye Department.
GAUHATI-Printed and published by tt·.e Supdt. ilc., Assam Govt. Printin~ Preif,
(Ex-G azette) No.209- c 32+2 50-3-7-1978. ·

‹ Prev All Assam acts Next ›