The SALARIES AND ALLOWANCES OF THE MEMBERS OF JAMMU AND KASHMIR STATE LEGISLATURE ACT, 1960

SALARIES AND ALLOWANCES OF
MEMBERS OF JAMMU AND KASHMIR
STATE LEGISLATURE ACT, 1960
(Act No. XIX of 1960)

THE SALARIES AND ALLOW ANCES OF THE MEMBERS OF
JAMMU AND KASHMIR STATE LEGISLATURE ACT, 1960
(Act No. XIX of 1960)
CONTENTS
1. Short title and commencement.
2. Definitions.
3. Salaries and daily allowances.
4. Travelling allowance.
4-A. Conveyance Allowances.
4-AA. Entitlement for travelling.
5. Daily allowance, etc. for intervals.
5-A. Daily allowance for the period of absence.
6. Allowance for Non-members.
7. Certificate for T. A. and D. A.
8. Bill for a claim how to be prepared.
9. Post audit of  T. A. Bills.
10. Amenities.
–––––––
SALARIES AND ALLOWANCES OF MEMBERS OF JAMMU447AND KASHMIR STA TE LEGISLA TURE ACT, 1960
SECTION.
THE SALARIES AND ALLOWANCES OF THE
MEMBERS OF  JAMMU AND KASHMIR STATE
LEGISLATURE ACT, 1960
(Act No. XIX of 1960)
[Received the assent of the Sadar-i-Riyasat on 14th April, 1960 and
published in Government Gazette dated 29th April, 1960].
An Act to provide for the Salaries and Allowances of the 1[Members
of the Legislative Assembly of the Union territory of Jammu and
Kashmir].
Be it enacted by the Jammu and Kashmir State Legislature in the
eleventh year of the Republic of India as follows :–
1. Short title and commencement. —(1) This Act may be called the
Salaries and Allowances of Members of the Jammu and Kashmir State
Legislature Act, 1960.
(2) It shall come into force on the 26th January, 1960.
2. Definitions.—In this Act—
(a) “Committee” means a Committee of 2[Legislative Assembly of
the Union territory of Jammu and Kashmir], and includes a Joint
Committee of 3[the Legislative Assembly] 4[or a Consultative
Committee constituted by the 5[Government of the Union territory
of Jammu and Kashmir] ;]
(b) “Member” means a member  of 2[Legislative Assembly of the
Union territory of Jammu and Kashmir], but does not include
a Minister, a State Minister or a Deputy Minister ;
(c) “New Member” means a member who takes his seat in
2[Legislative Assembly of the Union territory of Jammu and
Kashmir] after the commencement of this Act and includes a
member who is re-elected or renominated ;
1. Substituted for “Members of Jammu and Kashmir State Legislature” by S.O/ 3466(E) dated
05.10.2020.
2. Substituted ibid for “either House of the Jammu and Kashmir State Legislature”.
3. Substituted ibid for “both Houses”.
4. Inserted vide Act XVI of 1976.
5. Substituted for “Government” by S.O. 3466(E) dated 05.10.2020.
SALARIES AND ALLOWANCES OF MEMBERS OF JAMMU449AND KASHMIR STA TE LEGISLA TURE ACT, 1960
450 SALARIES AND ALLOWANCES OF MEMBERS OF JAMMUAND KASHMIR STA TE LEGISLA TURE ACT, 1960
(d) “Period of residence on duty” means the period during which
a member resides at a place where a session of 1[Legislative
Assembly of the Union territory of Jammu and Kashmir] or a
sitting of a Committee is held or where any other business
connected with his duties as such member is transacted, for the
purpose of attending such session or sitting or for the purpose
of attending to such other business and includes, in the case of
a session of 1[Legislative Assembly of the Union territory of
Jammu and Kashmir] or sitting of a Committee, a period of  such
residence, not exceeding one day, immediately preceding the
commencement of the session or the sitting of a Committee, as
the case may be, and a period of such residence not exceeding
one day, immediately succeeding the end of the session or a
sitting of the Committee, as the case may be.
2[Exception.— ‘Peroid of residence on duty’ will however include—
(i) the period for which a member is prevented from leaving his
abode to attend the session of 1[Legislative Assembly of the
Union territory of Jammu and Kashmir] or any sitting thereof
or the sitting of any Committee, owing to the circumstances
beyond his  control. Such a Member shall be entitled to daily
allowance for the period under this Act ;
(ii) the period for which a member is held up on the way to attend
such session or meeting owing to circumstance beyond his control,
such a member shall be entitled to travelling allowance and daily
allowance for this period under this Act :
Provided that the Speaker of the Legislative Assembly 3[x x x x] is
satisfied as to existence of these circumstances.]
Explanation.—A member who ordinarily resides at the place where a session
of 1[Legislative Assembly of the Union territory of Jammu
and Kashmir] or a sitting of Committee, is held, shall for the
duration of session or sitting 4[including one day immediately
preceeding and one day immediately succeeding)] be deemed
to reside at such place for the purpose of attending such
session or sitting.
1. Substituted for certain words by S.O. 3466(E) dated 05.10.2020.
2. Substituted vide Act XIII of 1980 w.e.f. 1-4-1980.
3. Words “or the Chairman of Legislative Council, as the case may be” omitted by S.O. 3466(E)
dated 05.10.2020.
4. Substituted vide Act XXI of 1975 w.e.f. 1-7-1975.
SALARIES AND ALLOWANCES OF MEMBERS OF JAMMU451AND KASHMIR STA TE LEGISLA TURE ACT, 1960
1[(e) Omitted.]
3. Salaries and daily allowances. —(1) There shall be paid to each
member of the 2[Legislative Assembly of the Union territory of Jammu and
Kashmir] a salary at the rate of 3[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 4[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 5[x x x x] that
he was prevented by reason of ill health or sufficient cause from attending
the required number of the meetings.
6[(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 7[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 8[section 24 of the
Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)] :]
9[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 10[Official
Gazette].
1. Omitted by Act XXXVII of 1963 w.e.f. 26-1-1960.
2. Substituted for “State Legislature” by S.O. 3466(E) dated 05.10.2020.
3. 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.
4. Substituted vide Act XXXVII of 1963.
5. Words omitted by S.O. 3466(E) dated 05.10.2020.
6. Inserted vide Act XXXVII of 1963 w.e.f. 26-10-1960.
7. Certain words omitted by S.O. 3466(E) dated 05.10.2020.
8. Substituted ibid for “section 64 of the Constitution of Jammu and Kashmir”.
9. Inserted vide Act XVI of 1976.
10. Substituted by S.O. 3466(E) dated 05.10.2020 for “Government Gazette”.
452 SALARIES AND ALLOWANCES OF MEMBERS OF JAMMUAND KASHMIR STA TE LEGISLA TURE ACT, 1960
(2)  There shall also be paid to each member of the 1[Legislature of
the Union territory of Jammu and Kashmir] a daily allowance at the rate
of 2[two thousand] rupees for attending session of the 3[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 4[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 4[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.
4. Travelling Allowance. —(1) A member of the 1[Legislature of the
Union territory of Jammu and Kashmir] shall be entitled to the following
rates of  travelling allowance and daily allowance in respect of a journey
to attend a session of 5[Legislative Assembly of the Union territory of
Jammu and Kashmir] or a sitting of a Committee or for transacting any
other business connected with the duties as such member :—
(a) Journey by Road.—6[Road mileage by the shortest route at the
rate of   7[Nine rupees per kilometer, unless the expenses on the propulsion
1. Substituted for “State Legislature” by S.O. 3466(E) dated 05.10.2020.
2. Substituted for “one thousand” by Act IV of 2018, s. 2. For earlier amendments see Act XVII
of 2006 and IX of 2013.
3. Substituted for “Legislature” by S.O. 3466(E) dated 05.10.2020.
4. Words within brackets being obsolete need to be omitted.
5. Substituted for “either House of the State Legislature” by S.O. 3466(E) dated 05.10.2020.
6. Substituted vide Act XVI of 1976.
7. Substituted vide Act IX of 2001.
SALARIES AND ALLOWANCES OF MEMBERS OF JAMMU453AND KASHMIR STA TE LEGISLA TURE ACT, 1960
of vehicle are met by the 1[Government of the Union territory of Jammu
and Kashmir]] per Km. between the usual place of residence of a member
and the place where a session of 2[Legislative Assembly of the Union
territory of Jammu and Kashmir] or a meeting of a committee is held or
such other business is conducted provided the journey is not within the
radius of eight miles of the place where 2[Legislative Assembly of the Union
territory of Jammu and Kashmir] meets or such other business is transacted.
(b)  Journey by Air.—A member who performs the journey by air—
3[(i) from one place to another place in the 4[Union territory of
Jammu and Kashmir] excepting from and to Frontier District
through a neighbouring State shall be entitled to draw travelling
allowance at one and one half times the standard fare for such
air journey ;]
(ii) from any place within the 4[Union territory of Jammu and
Kashmir] from where he is deputed to any place outside the
4[Union territory of Jammu and Kashmir] shall be entitled to
draw travelling allowance equivalent to one and one fourth of
the standard air fare ;
(iii) 3[from Frontier District to any other part of the 4[Union territory
of Jammu and Kashmir] through neighbouring State or vice
versa, shall be entitled to draw Traveling Allowance at the
standard fare plus Rs. 150/- as incidental charges for such air
journey plus mileage for the part journey by road.
Explanation.—The rate for such air journey shall also be applicable to air
journey from Pathankot to Nobra and vice versa.]
(c) 5[Journey by Rail.—A member who performs the journey by rail
shall be entitled to draw the railway fare of one and one-half of the Ist class
or actual fare of the Ist class air conditioned railway coach.]
6[(d)  Journey by road between places connected by rail.—A member
who performs a journey by road between the places connected by rail,
1. Substituted for “Government” by S.O. 3466(E) dated 05.10.2020.
2. Substituted for “either House of the State Legislature” ibid.
3. Substituted vide Act XVI of 1976.
4. Substituted for “State” by S.O. 3466(E) dated 05.10.2020.
5. Substituted vide Act XIII of 1980 w.e.f. 1-4-1980.
6. Substituted by vide Act XVI of 1976.
454 SALARIES AND ALLOWANCES OF MEMBERS OF JAMMUAND KASHMIR STA TE LEGISLA TURE ACT, 1960
either wholly or in part may draw the road mileage referred to in clause
(a) in place of the Travelling Allowance which would have been admissible
to him had he travelled by rail :
Provided that the total amount of the Traveling Allowance drawn by
such member for the entire journey shall not exceed the amount which
would have been admissible to him had he performed such journey by rail.]
1[(1-a) If a member or any delegation of members required under
orders of the Speaker of the Legislative Assembly 2[x x x x] to visit a place
or 3[places outside the Union territory] in the discharge of his duties as a
member of committee of a delegation, he shall be entitled to Travelling
Allowance in accordance with sub-section (1) of this section and for halts
at such place or places Daily Allowance at the rate specified in sub-section
(2) of section 3 :
Provided that for halts at 3[places outside the State] he shall be
entitled to 75% increase over the Daily Allowance rate admissible under
section 3.]
(2) In calculating allowance for journeys by road fraction of a kilometer
shall be omitted from the total of a bill for any one journey but not from
the various items which make up the bill.
4[4-A. Conveyance, telephone and medical allowance.–– Every
member shall be paid—
(a) constituency conveyance allowance at the rate of 5[sixty thousand
rupees] per month ;
(b) telephone allowance at the rate of 6[thirty thousand  rupees] per
month ; and
(c) medical allowance at the rate of 7[ten thousand rupees] per
month] :
1. Substituted vide Act XIII of 1980.
2. Certain words omitted by S.O. 3466(E) dated 05.10.2020.
3. Substituted ibid for “places outside the State”.
4. Substituted vide Act VII of 1985.
5. Substituted for “thirty thousand rupees” by Act V of 2016, s. 3. For earlier amendment see
Act X of 2011.
6. Substituted ibid for “fourteen thousand rupees”.
7. Substituted ibid for “one thousand rupees”.
SALARIES AND ALLOWANCES OF MEMBERS OF JAMMU455AND KASHMIR STA TE LEGISLA TURE ACT, 1960
1[Provided that every member and or any member of his/her family,
wholly dependant upon him/her shall also be entitled to such medical
facilities including the reimbursement of the expenditure incurred in
connection with his/her medical treatment within or 2[outside the Union
territory] in Government/Private recognised medical institutions as may be
prescribed by rules by the 3[Lieutenant Governor].
Explanation.––For purpose of the section, family shall  include spouse,
sons, unmarried daughters and parents wholly dependant
on the Member].
4 [4-AA. Entitlement for travelling.–– Every member and/or any other
member of his/her family, shall be entitled to travel at any time by such
mode of transport and up to such distance in a financial year, as may be
prescribed by the 5[Government of the Union territory of Jammu and
Kashmir] from time to time].
6[5. Daily Allowance etc. for intervals. ––(1) Notwithstanding anything
contained in sub-section (2) of section 3, a member shall be entitled to draw
daily allowance for—
(i) the period of adjournment  intervening the continuous sitting of
7[a session of the Legislative Assembly] when such an
adjournment is not of more than 7 days :
Provided that where such a member return to his usual place of
residence or his constituency during such adjournment, he shall be entitled
to draw Daily Allowance or Travelling Allowance for going to and coming
back from that place, whichever is less ;
(ii) the period of adjournment of not more than 7 days intervening
the continuous sitting of a meeting of the Committee :
Provided that where such member returns to his usual place of residence
or his constituency during such  adjournment he shall be entitled to draw
Daily Allowance or Travelling Allowance for going to and coming back
from that place, whichever is less ;
1. Substituted vide Act VII of 2005.
2. Substituted for “outside the State” by S.O. 3466(E) dated 05.10.2020.
3. Substituted ibid for “Governor”.
4. Substituted vide Act XI of 1998.
5. Substituted for “Government” by S.O. 3466(E) dated 05.10.2020.
6. Inserted by Act XVI of 1976.
7. Substituted by S.O. 3466(E) dated 05.10.2020 for “a session of the House”.
456 SALARIES AND ALLOWANCES OF MEMBERS OF JAMMUAND KASHMIR STA TE LEGISLA TURE ACT, 1960
(iii) the date fixed for the commencement of a session or sitting of
a committee, which is declared a public holiday and the meeting
takes place on the next working day :
Provided that such a member has not received a communication of
such postponement or has not been informed about it otherwise and has
presented himself at the place of meeting on such day.
(2) When there is an interval of not more than a week between or the
termination of the meetings of the session and the commencement of those
of another session at the same place which a member is required to attend
and when such member remains at the place during the interval he shall
be entitled to draw daily allowance for such period of residence on duty
or draw travelling allowance for going to and coming back from his usual
place of residence, whichever is less.
(3) Any member may stay on at the place of meeting after the close of
the session if he is unable to return to his usual place of residence on account
of conditions and circumstances beyond his control and where the speaker of
the Legislative Assembly 1[x x x x] is satisfied that such a prolonged stay is
justifiable the member shall be entitled to draw a daily allowance at the rate
for thirty rupees for first three days of his stay only :
Provided that a member from the frontier district shall also be entitled
to a daily allowance of forty rupees for the days of prolonged stay beyond
the expiry of first three days.
Provided further that a member from the frontier district shall produce
a certificate from the Ladakh Affairs Department that the prolonged stay
was due to the blockade of road and non-availability of air seat.
2[5-A. Daily Allowance for the period of absence.— If a member has
been ordered to absent himself from a meeting or meetings of the Legislative
Assembly 1[x x x x] under the Rules of Procedure and Conduct of Business
3[of the Legislative Assembly of the union territory of Jammu and Kashmir],
for the time being in force, he shall not be entitled to get Daily Allowance
for such period of absence].
1. Certain words omitted by S.O. 3466(E) dated 05.10.2020.
2. Section 5-A substituted vide Act XVI of 1976 w. e. f. 1-4-1976.
3. Substituted for the words “of the respective Houses of the State Legislature” by S.O. 3466(E)
dated 05.10.2020.
SALARIES AND ALLOWANCES OF MEMBERS OF JAMMU457AND KASHMIR STA TE LEGISLA TURE ACT, 1960
6. Allowance for non-members.— The Allowance for non-members
elected or nominated to Committees set up by 1[Legislative Assembly of
the Union territory of Jammu and Kashmir] shall be the same as for the
members of 1[Legislative Assembly of the Union territory of Jammu and
Kashmir].
7. Certificate for T. A. & D. A.–– A member who claims any travelling
or daily allowance under this Act shall support his claim by recording a
certificate on the concerned bill in the following form :—
“Certified that no amount has been claimed for this journey period
in the bill drawn from any other source or previously.”
2[8. Bill for claim, how to be prepared. ––(1) A bill for a claim for
Travelling and Daily Allowance under this Act, shall be prepared in duplicate
on printed form as may be prescribed by the 3[Secretariat of the Legislative
Assembly] to be obtained from the Office of the Secretary of 1[Legislative
Assembly of the Union territory of Jammu and Kashmir] and to be returned
to him duly filled in and signed and receipted one copy whereof shall be
kept for office record and reference. The dates of journey shall be entered
in the prescribed columns of the bill. In case the claim for return journey
is also made, a certificate to the effect that the journey as claimed for has
actually been performed on such date be furnished to the Office of the
Secretary of 4[Legislative Assembly of the Union territory of Jammu and
Kashmir] for onward transmission to the audit office for purposes of
adjustment.
(2) The bill, referred to in sub-section (1) shall be paid before audit
after a preliminary check by the office of 1[Legislative Assembly of the
Union territory of Jammu and Kashmir] either in cash or through a cheque
or by means of payment order endorsed in the name of officer of the
Treasury at which the member desires to receive payment. The said bill,
shall be counter-signed by the Speaker of the Legislative Assembly 4[x x
x x], or during their absence from the Headquarters by the Deputy Speaker
of the Legislative Assembly 5[x x x x], before payment.
(3) All the Travelling Allowance and Daily Allowance bills of the
members shall be post audited immediately after payment thereof, objections
1. Substituted for “either House of the State Legislature” by S.O. 3466(E) dated 05.10.2020.
2. Section 8 substituted by Act XVI of 1976 w.e.f. 1-4-1976.
3. Substituted by S.O. 3466(E) dated 05.10.2020 for “Legislature Secretariat”.
4. Words “or the Chairman of the Legislative Council, as the case may be” omitted ibid.
5. Words “or the Deputy Chairman of the Legislative Council, as the case may be” omitted ibid.
if any, shall be intimated to the member by the audit office not later than
three months from the date of the encashment of such a bill.]
19. Omitted.
2[10. Amenities. —(1) A member shall be entitled to such facilities
for housing as may be prescribed by rules by the 3[Lieutenant Governor]
in this behalf.]
4(2) Omitted.
–––––––
1. Section 9 omitted by Act XVI of 1976.
2. Inserted by Act II of 1964.
3. Substituted by S.O. 3466(E) dated 05.10.2020 for “Governor”.
4. Omitted vide Act VII of 1985.

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