The Member of Legislative Assembly of the National Capital Territory of Delhi (Salaries, Allowances, Pension etc.) Act, 1994

The Members Of Legislative Assembly Of The National Capital Territory of Delhi 
(Salaries, Allowances, Pension, etc.) Act, 1994 
THE MEMBERS OF LEGISLATIVE ASSEMBLY OF THE NATIONAL  
CAPITAL TERRITORY OF DELHI (SALARIES, 
ALLOWANCES, PENSION, ETC.) ACT, 1994 
(ACT NO. 6 OF 1995) 
 
[19th December, 1995] 
AN 
ACT 
To provide for salaries, allowances, pension etc. 
of Members of Legislative Assembly of the 
National Capital Territory of Delhi. 
 
Be it enacted by the Legislative Assembly of the National Capital Territory of 
Delhi in the Forty-fifth year of the Republic of India as follows: – 
1. Short title, and commencement. –– (1) This Act may be called the 
Member of Legislative Assembly of the National Capital Territory of Delhi 
(Salaries, Allowances, Pension etc.) Act, 1994. 
(2)  It shall come into force on s uch date 1 as the Lt. Governor may, by 
notification in the Official Gazette, appoint. 
2. Definitions.–– In this Act, unless the context otherwise requires,– 
(a)  “Committee” means Committee of the Legislative Assembly; 
(b)  “Controlling Officer” means the Secretary; 
(c)  “Day” means a period of twenty-four hours beginning at midnight; 
(d)  “Family” means the wife, or husband of a Member, if such wife or 
husband is residing with such Member and includes legitimate children or 
step children and parents residing with and wholly dependent on such 
Member but does not include in the case of a male Member, more than one 
wife; 
(e) “Government” means the Government of the National Capital 
Territory of Delhi; 
(f)  “Member” means a member of the Legislative Assembly but, save as 
otherwise expressly provided in this Act, does not includes– 
(i) a  Minister as defined in the Minister of the Government of the 
National Capital Territory of Delhi (Sala ries and Allowances) Act, 1994; 2[* 
* *]   
3[“(ii) the leader of opposition as defined in the Leader of the 
Opposition in the Legislative Assembly of National Cap ital Territory of 
Delhi (Salary and Allowances) Act, 2001”;] 
4[(iii)] The Speaker or Deputy Speaker as defined in the Speaker and 
Deputy Speaker of the Legislative Assembly of Delhi (Salaries and 
Allowances) Act, 1994; 
5[“(iv) The Chief Whip as defined in the Salary and Allowances of the   
114th march, 1996, see . Notification No F, 13(6)/95 -LA, Delhi Gazette extraordinary, 
Part IV Page 4, dated 14th march, 1996. 
2”and” omitted by sec. 8(a) (a) of Delhi Act, 6 of 2002. 
3Ins. by sec. 8(a) (b) of Delhi Act, 6 of 2002. 
4Renumbered as (iii) by se. 8 (a)(b) of Delhi Act, 6 of 2002. 
5Ins. by sec. 8 (i)(b) of Delhi Act, 5 of 2003. 
The Members Of Legislative Assembly Of The National Capital Territory of Delhi 
(Salaries, Allowances, Pension, etc.) Act, 1994 
Chief Whip in the Legislative Assembly of the National Capital Territory  of 
Delhi Act, 2003”]. 
(g) “New Member” means a Member who takes his seat i n the Legislative 
Assembly after the commencement of this Act and includes a member who is 
reelected; 
(h) “Pensioner” means a person who is eligible to receive pension under 
this Act; 
(i)  “Secretary” means the Secretary to the Legislative Assembly; 
(j) “Term of Office” in relation to a Member means– 
(i) where such member is a Member elected in a general election held 
for    the purpose of constituting a new Legislative Assembly, the  period 
beginning with the date of publication of the notification of the Election 
Commission under section 73 of the Representation of the People Act, 
1951 (43 of 1951); or 
(ii) where such member is a Member elected in a bye -election to the 
Legislative Assembly, the period beginning with the date of this election 
referred to in section 67A of the Representation of the People Act, 1951 
(43 of 1951) and ending with, in each such case the date on which his seat 
becomes vacant. 
1[“3. Salary, Daily Allowances, etc.–– (1) A member shall be entitled to 
receive salary at the rate of 2[twelve] thousand rupees per month during his 
term of office and shall also be entitled to receive daily allowance at the rate of  
3[one thousand rupees for each day, subject to maximum up to forty days] on 
which he attends a meeting of the Legislative Assembly or any Committee 
thereof or is engaged in any other business connected with his duties as a 
Member. 
(2) There shall be paid to each Mem ber a constituency allowance of 
4[eighteen] thousand rupees per mensem. 
(3) There shall be paid to each Member a conveyance allowance of 5[six] 
thousand rupees per mensem. 
(4) The re shall be paid to each Member as secret arial assistance of 6[ten 
thousand rupees per mensem] 
7[* * * * * * * * * *] 
4. Travelling Allowance. –– In respect of every journey performed by a 
Member to a place outside Delhi on any business connected with his duties as a 
Member, he shall be entitled to travelling allowance at th e rate applicable to 
Group ‘A’ officers  8[of the highest of  grade] serving in connection with the 
Government. 
1Subs. by sec. 2 of Delhi Act 8 of 1998. 
2Subs. by sec. 2 (a) (i) of Delhi Act 10 of 2011. 
3Subs. by sec.  2 (a) (ii) of Delhi Act 10 of 2011 for the words “five hundred rupees 
for each day”. 
4Subs. by sec. 2 (b) of Delhi Act 10 of 2011 for the word “eight”. 
5Subs. by sec.2 (c) of Delhi Act 10 of 2011 for the words “four”. 
6Subs. by sec. 2 (a) of Delhi Act 3 of 2007 for the words “seven thousand”.  
7Proviso omitted by sec. 2(d) of Delhi Act 10 of 2011. 
8Ins. by sec. 3 of Delhi Act 3 of 2002 
The Members Of Legislative Assembly Of The National Capital Territory of Delhi 
(Salaries, Allowances, Pension, etc.) Act, 1994 
1[“5. Medical  Facilities.–– A Member and members of his family shall be 
entitled to free medical treatment and or reimbursement and free accommoda -
tion for the Mem ber and members of his family, in hospitals run by the 
Government and all other panel or referral hospitals empanelled or declared as 
such by the Government, in accordance with the Medical Attendance Rules and 
the Delhi Government Employees Health Scheme as amended from time to time 
on priority basis as available to Group ‘A’ officers of the highest grade of the 
Government: 
Provided that a compulsory monthly contribution shall be levied from every 
Member at the same rate as would be payable by a Group -A off icer of the 
highest grade of the Government and such contribution shall be recoverable 
from the Monthly Salary Bill of the Member.”] 
2[6. Telephone Facilities.–– A Member shall be entitled to the installation at 
government cost of one telephone (without STD facility) within Delhi at his 
residence or the place where he ordinarily conducts his work relating to 
Legislative Ass embly and shall be paid 3[eight] thousand rupees per month to 
meet the cost of telephone char ges that may be incurred by him  as admissible 
to group “A” officers of the Government. 
4[“6A. Travelling facilities. –– A Member shall be entitled to the 
reimbursement of actual expenditure annually up to maximum of 5[fifty] 
thousand rupees on travel within India for self and members of the family.”] 
7. 6[* * * * * * * * *] 
7[“8. Conveyance advance. –– 8[“(1) A Member shall be entitled to a 
conveyance advance upto four lakh rupees for the purchase of conveyance 
which shall be repayable within his term.”] 
(2) The rate of interest for the advance referred to in sub-section (1) and the 
mode of recovery and interest thereon shall be such as may be prescribed by 
the Government, with the prior approval of the President”.] 
9[“8A. Reimbursement of electricity and water charges. –– A Member shall 
be entitled for reimbursement of the monthly electricity and water 
consumption charges in respect of his place of residence subject to a maximum 
amount of 10[four] thousand rupees per month.” 
9. Pension.––  11[“(1) Every ex-Member who has served as Member either of 
the Legislative Assembly of National Capital Territory of Delhi or Member of the 
erstwhile Metropolitan Council of Delhi or of the erstwhi le Delhi State 
Legislative Assembly, as the case may be, shall be entitled for pension of seven 
thousand five hundred rupees per mensem for the first term of his membership  
and an additional pension of one thousand rupees for every successive year of    
1Subs. by sec. 3 of Delhi Act 10 of 2011. 
2Subs. by s. 3 of Delhi Act 8 of 1998. 
3Subs. by sec. 4 of Delhi Act 10 of 2011 for the words “four”. 
4Subs. by sec. 5 of Delhi Act 3 of 2002 for the words “thirty-five”. 
5Subs. by sec. 5 of Delhi Act 10 of 2011 for the words “thirty five”.  
6Omitted by Delhi Act 2 of 1996. 
7Subs. by sec. of Delhi Act 8 of 1998. 
8Subs. by sec. 6 of Delhi Act 10 of 2011. 
9Ins. by sec. 6 of Delhi Act 3 of 2007. 
10Subs. by sec. 7 of Delhi Act 10 of 2011 for the word “two”.  
11Subs. by sec. 8 of Delhi Act 10 of 2011. 
The Members Of Legislative Assembly Of The National Capital Territory of Delhi 
(Salaries, Allowances, Pension, etc.) Act, 1994 
his membership beyond the first term. 
(1A) After the death of a member during his term of office or an ex-Member 
(including e x-Member of erstwhile Metr opolitan Council of Delhi and e x-
Member of erstwhile Delhi State Legislative Assembly), pension shall be paid to 
his spouse, if any, during the remaining period of life of such spouse or until 
he/she does not re-marry and after his/ her death to the depende nt of such 
member or ex-member so long as such dependent continues to be a dependent: 
Provided that family pension shall be equivalent to one -half of th e pension 
which such member or ex-member would have received had he retired or as the 
case may be, at the date of his death: 
Provided further that no such family pension shall be payable to the spouse 
or dependent if such spouse dependent is a sitting member of the Legislative 
Assembly of National Capital Territory of Delhi or is drawing pension under 
section 9: 
Provided also that no person shall be entitled to claim arrears of any family 
pension under this sub -section in respect of a period before the 
commencement of the Members of Legislative Assembly of the National Capital 
Territory of Delhi (Salaries, Allowances, Pension, etc) (Amendment) Act, 2011. 
Explanation.–– for the purpose of this sub-section, dependent means any of 
the following relatives of a deceased member, namely:– 
(i) a minor legitimate son, and an unmarried legitimate daughter and a 
widowed mother; or 
(ii) If wholly dependent on the earnings of the member at the time of his 
death, a son or a daughter who has attained the age of eighteen years and 
who is infirm; or 
(iii) If wholly or in part dependent on the earnings of the member at the 
time of his death,- 
(a) the parent; or 
(b) a minor brother or an unmarried sister; or 
(c) a widowed daughter-in-law; or 
(d) a minor child of a pre-deceased son; or 
(e) a minor child of a pre-deceased daughter where no parent of the child 
is alive; or 
(f) the paternal grandparent if no parent of the member is alive”. 
(1B) The Delhi Member of Metropolitan Council (Enhancement of Pension) 
Act, 2000 (Delhi Act No. 4 of 2000) shall stand repeale d and other provisions 
governing payment of pension to the e x-Members of erstwhile Metropo litan 
Council of Delhi and the e x-Members of the erstwhile Delhi State Legislative 
Assembly shall also cease to have effect.” 
(2) Where any ex-Member entitled to pension under sub-section (1)– 
(i) Is appointed to the office of the President or Vice President of India or is 
appointed to the Office of the Governor of any State or the Lt. Governor or 
Administrator of any Union Territory; 
(ii ) Becomes a Member of the Council of States or the House of the People 
or of any Legislative Assembly of a State; or Union Territory or any Legislative 
Council of a State; or 
(iii) Is employed on a salary under the Central Government, or any 
Corporation owned by or controlled by th e Central Government or any State 
The Members Of Legislative Assembly Of The National Capital Territory of Delhi 
(Salaries, Allowances, Pension, etc.) Act, 1994 
Government or any local authority or becomes otherwise entitled to any 
remuneration from such Government, Corporation or local authorities, as the 
case may be , shall not be entitled to any pension under sub -clause (1) for the 
period during which he continues to hold such office or as such Member or is 
employed, or continues to be entitled to such remuneration : 
Provided that where the salary payable to such ex-Member for holding such 
office or being such Member or so employ ed, or where the remuneration 
referred to in clause (iii) payable to such ex-Member is, in either cases, less than 
a pension payable to him under sub -section (1) such e x-Member shall be 
entitled only to receive the balance as pension under that sub-section. 
1[“(3) Where any person entitled to pension under sub -section (1) Is also 
entitled to any other pension including pension known as Swatantrata Sainik 
Samman pension or by any other name), such person shall be entitled to receive 
the pension under sub-section (1) in addition to such other pension.”   
(4) In computing the number of years, for the purpose of sub -section (1), 
the period during which a person has served as a Minister as defined in the 
Ministers of the Government of National Capital Territory of Delhi (Salaries and 
Allowances) Act, 1994 or as Speaker or Deputy Speaker as defined in the 
Speaker and Deputy Speaker of the Legislative Assembly of the Na tional Capital 
Territory of Delhi (Salaries and Allowances) Act, 19 94 2[“or as the Leader of 
Opposition as defined in the Legislative Assembly of the National Capital 
Territory of Delhi (salary and Allowances) Act, 2001, or has served in all or any of 
such capacities”] by virtue of his membership in the Legislative Assembly shall 
also be taken into account. 
10. Repeal.–– The Members of Legislative Assembly of the National Capital 
Territory of Delhi (Salaries, Allowances and Pension) Order, 1993 shall cease to 
have effect as from the date of the enforcement of this Act. 
1[11 “Power to make rules. –– (1) The Government may be notification in 
the official Gazette make rules for carrying out the purposes of this Act. 
(2) Every rule made under this Act shall be la id, as soon as may be,  after it is 
made before the Legislative Assembly of  Delhi while it is in session which may 
be comprised in one session or in two successive sessions , and if,  before the 
expiry of the session immediately following the session or the s uccessive 
sessions aforesaid the House agrees in making any modification in the rule or 
the House agrees that the rule should not be made,  the rules 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”.] 
 
 
–––––––––––––– 
 
 
 
 
1Subs. by sec. 2 of Delhi Act 8 of 2009. 
2Subs. by sec. 8 (b) of Delhi Act 6 of 2002. 
3Ins. by sec. 4 of Delhi Act 2 of 1996. 

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