The Odisha Legislative Assembly Members' Salary, Allowances and Pension Act, 1954

Orissa Act No. 19 of 1954
*The Orissa Legislative Assembly Members'
1[Salary, Allowances and Pension] Act, 1954
[Received the assent of the Governor on the 3rd December 1954, first published in
an extraordinary issue of the Orissa Gazette, dated the 13th  December 1954.]
AN ACT TO PROVIDE FOR THE SALARY, ALLOWANCES & PENSION OF
THE MEMBERS OF THE ORISSA LEGISLATIVE ASSEMBLY.
WHEREAS it is expedient to provide tor the Salary, Allowances & Pension
of the Members of the Orissa Legislative Assembly :
It is hereby enacted by the Legislature of the State of Orissa in the Fifth
Year of the Republic of India, as follows :-
1. Short title and Commencement:- (1) This Act may be called the
Orissa Legislative Assembly Members 1[Salary, Allowances & Pension] Act, 1954.
(2) It shall come into force at once.
2. Definitions:- In this Act unless the context otherwise requires "
(a) "Assembly" means the Orissa Legislative Assembly;
2[(a-1)"Chief Whip" and "Deputy Chief Whip" shall respectively mean those
Members of the Assembly who are for the time being the Government Chief Whip
and the Government Deputy Chief Whip;]
(b) "Committee" means a Select Committee or other Committee of the
Assembly and includes any Committee appointed by Government for a purpose
connected with the business of the Assembly and declared by Government to be
a Committee of the Assembly;
3[(b-1) "Leader of the Opposition" means that Member of the Assembly
* Published in Orissa Gazette Extraordinary No.  dated 13.12.1954
1. Substituted vide Orissa Act 3 of 1977
2. Inserted vide Orissa Act 10 of 1969
2. Substituted vide Orissa Act 7 of 1992
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date : 13th December 1954
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who is for the time being, the Leader in the Assembly of the Party in Opposition
to the Government having the greatest numerical strength not being less than
one-tenth of the total membership of the Assembly and recognised as such by
the Speaker.
Explanation-When there are two or more Parties in Opposition to the
Government in the Assembly having the same numerical strength, the Speaker
shall, having regard to the status of the parties, recognise any one of the Leaders
of such parties as the Leader of the Opposition for the purpose of this Act and
such recognition shall be final and conclusive.]
(c) "Member" means a Member of the Assembly, who has taken his seat
therein, other than the Speaker or Deputy Speaker of the Assembly or a Minister
or a Parliamentary Secretary of the Government of Orissa; and
(d) "Place of residence" means the place where a Member ordinarily resides
within the State.
3. Salary:- There shall be paid and delivered a salary;
(a) at the rate of  1[thirty five thousand rupees] to every Member ,
other than the Leader of the Opposition, the Chief Whip and the
Deputy Chief Whip;
(b) at the rate of 1[forty thousand rupees] to the Leader of the
Opposition and the Chief Whip and
(c) of 1[thirty six thousand rupees] to the Deputy Chief whip;
Provided that a Member may, if he so desires, forgo either in full or in part,
his salary for any period not less than three consecutive months at a time during
the tenure of his office, communicating the intention forthwith so to do the Secretary
of the Assembly.
4. Allowances:- There shall be paid to every member the following
allowances, except the allowances mentioned in 2[clauses (a), (d), (e), 3[(f) and
(g)] in case of the Leader of the Opposition, the Chief Whip and the Deputy Chief
Whip, at the rates specified against each :-
3[(a) Constituency Allowance and Secretarial Allowance at the rate of
1[twenty thousand rupees] per mensem for all members not
otherwise provide for by or under the provisions of this Act.]
4[(b) Daily allowance of "
(i) 1[one thousand and five hundred rupees] a day for each day
of actual residence at the place where the Assembly or a
Committee meets or at a place to make an oath or affirmation
as required by Article 188 of the Constitution of India; and
(ii) 1[two thousand rupees] a day for going out-side the State to
1. Substituted vide O.A. No. 14 of 2017, O.G.E. No. 1681 dated 18.10.2017.
2. Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.
3. Substituted vide O.A. No. 4 of 2011, O.G.E. No. 1120 dated 12.05.2011
4. Substituted vide O.A. No. 12 of 1998, O.G.E. No. dated 08.10.1998
3
attend Conferences and Meetings and on Study Tours.
(c) Travelling Allowance for the journey each way between the
member's place of residence and the place of meeting of the
Assembly, or a Committee, or between such place of residence
and the place where the Member makes an oath or affirmation
as aforesaid;
(i) in case of a journey by railway double the fare of the Air-
conditioned, two tier and in case of journey by steamer double
the second class fare; and
(ii) in case of journey by road 2[one rupee and fifty paise] per
each kilometer travelled:
1[Provided that if a Member performs the journey in his own car or hired
car, he shall draw road mileage at the rate of fifteen rupees per kilometer if the
jorney is made inside the S tate and twenty rupees per kilometer , if jorney is
made outside the State.]
(d) Conveyance Allowance at the rate of 1[fifteen thousand rupees] a month.
3[(e) Books, journals and periodicals allowance at the rate of 1[two thousand
rupees] per month.
(f) Electricity consumption allowance at the rate of 1[five thousand rupees]
per month.]
4[4A. 5[Fixed allowance for travel not connected with duty:- There
shall be paid to each Member, other than the Leader of the Opposition, the Chief
Whip and the Deputy Chief Whip, a sum of 2[rupees four thousand] per mensem
to defray the cost of travelling which is not connected with the business of the
Assembly or a Committee thereof or a Committee or Body constituted Jay the
State or Central Government by a Resolution or an order.]
6[4AA. Advance for purchase of a Jeep, Motor Cycle, Scooter or a
like vehicle:- (1) A Member shall be entitled to an advance not exceeding 7[one
lakh rupees] for purchase of a jeep, motor cycle, scooter or a like vehicle to be
recovered with interest within a period not exceeding five years from the date of
its sanction or before the expiry of his office as a Member of the Assembly during
the term of which the advance is sanctioned, whichever is shorter.
(2) The terms and conditions governing the sanction of the advance under
Sub-section (1) including the rate of interest to be charged and. the manner of
sanction and recovery thereof, shall be such as may be prescribed by rules
made by the State Government in that behalf.]
1. Substituted vide O.A. No. 14 of 2017, O.G.E. No. 1681 dated 18.10.2017.
2. Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.
3. Inserted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.
4. Inserted vide O.A. No. 20 of 1976.
5. Substituted vide O.A. No. 14 of 1979.
6. Substituted vide O.A. No. 11 of 1986.
7.. Substituted vide O.A. No. 12 of 1998, O.G.E. No. dated 08.10.1998
4
1[4B. Pension:- 5[(1). With effect from the commencement of the-Orissa
Legislative Assembly Members' Salary, Allowances and Pension (Amendment)
Act, 2[2017], there shall be paid a pension of 2[thirty thousand rupees] per mensem
to every person who has held office for a period of 4[one years], whether continuous
or not, as a Member of the Assembly :
Provided that where any person has held office for a period exceeding five
years, there shall be paid to him an additional pension of 2[two thousand rupees}
per mensem for every year in excess of five years so, however, that, in no case
the total amount of the additional pension together with the pension, to be so
paid, shall exceed 2[seventy thousand rupees] per mensem] ;
Provided further that where any person has held office as a Member of
Assembly twice for its duration as provided in clause (1) of article 172 of the
Constitution, whether consecutively or not, and who is not entitled to any pension
under the foregoing provisions of this Sub-section, he shall, with effect from the
commencement of the Orissa Legislative Assembly Members' Salary, Allowances
and Pension (Amendment) Act, 2[2017] be entitled to a pension of 2[thirty thousand
rupees] per mensem;
Explanation - (i) The period for which a person has held office as a Member
of the Assembly shall mean "
(a) where such person is elected in General Election held for the
purpose of constituting a new 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; or
(b) where such person is elected in a bye-election to the Assembly,
the period beginning with the date of his election referred to in
Section 67-A of the said Act; and ending with, in each case, the
date on which his seat becomes vacant.
(ii) in computing the aforesaid period, the period preceding the 26th day of
January, 1950 for which a person has held such office, shall not be taken into
account;
3[(iii) where such person has held office for a part of the year exceeding six
months, it shall be treated as one year for the purpose of calculation of pension.]
(2) Where any person entitled to pension under Sub-section (1) "
(i) is appointed to the of fice of the Governor of any S tate or the
Administrator of any Union Territory; or
(ii) becomes a Member of the Council of States or the House of the
People or of any Legislative Assembly; or
1. Inserted vide O.A. No. 3 of 1977.
2. Substituted vide O.A. No. 14 of 2017, O.G.E. No. 1681 dated 18.10.2017.
3. Inserted vide O.A. No. 7 of 2007, O.G.E. No. 1484 dated 23.8.2007.
4. Substituted vide O.A. No. 12 of 1999.
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(iii) is employed on a salary under the Central Government or any
State Government, or any Corporation owned or controlled by
the Central Government or any State Government or under any
local authority or becomes otherwise entitled to any remuneration
from such Government, Corporation or local authority;
such persons shall not be entitled to any pension under Sub-section (1)
for the period during which he continues to hold such office or as such member
or is so employed, or continues to be entitled to such remuneration :
Provided that where the salary payable to such person for holding such
office or being such member or so employed, or where that remuneration referred-
to in clause (iii) payable to such person, is in either case, less than the pension
payable to him under Sub-section (1), such person shall be entitled only to
receive the balance as pension under that Sub-section.
(3) Where any person entitled to pension under Sub-section (1) is entitled
to any other pension, such person shall be entitled to receive the pension under
Sub-section (1) in addition to such other pension; and
(4) In computing the number of years for the purpose of Sub-section (1),
the period during which a person has served as Minister or Speaker or Deputy
Speaker as defined in the Orissa Ministers, Salaries and Allowarices Act, 1952
or the Orissa Legislative Assembly Speaker's Salary and Allowances Act, 1960
or the Orissa Deputy Speaker's Salary and Allowances Act, 1959 respectively by
virtue of his membership in the Assembly shall also be taken into account.]
(5)(a) In the event of the death of member who was eligible for pension
or already in receipt of pension under Sub-section (1), his/her
spouse shall be entitled to receive as family pension a sum
equivalent to such pension till his/her death or remarriage
whichever is earlier.
(b) In the event of the death of member while continuing in office as
such, whose spouse is not entitled to receive family pension
under clause (a) his/her spouse shall be entitled to receive as
family pension till his/her death or remarriage, whichever is earlier,
a sum equivalent to an amount which the member would have
received had he held office for a period of one year as member :
Provided that the conditions laid down in Sub-sections (2) and (3) shall
mutatis mutandis apply to holders of family pension.
5. Amenities:- (1) A member shall be entitled to such medical facilities for
himself and for members of his family and to such housing, telephone and postal
facilities as may be prescribed by rules under Section 7 :
Provided that a member who is Leader of the Opposition shall, so long he
continues to be such leader and for a period of fifteen days immediately thereafter,
be entitled without payment of rent to the use of residence.
Explanation - For the purpose of this provision 'residence' includes the
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staff quarters and other buildings appurtenant thereto.
(2) The Chief Whip and the Deputy Chief Whip shall, throughout the period
they continue in office as such and for a period of fifteen days thereafter, each be
entitled without payment of rent, to the use of a furnished residence or in lieu
thereof to a house rent allowance of one hundred rupees per month and no
charge shall fall on them personally in respect of the maintenance of such
furnished residence provided to them.
Explanation - For the purpose of this Sub-section 'residence' includes the
staff quarters and other buildings appurtenant thereto and 'maintenance' in relation
to a residence shall mean only the payment of Municipal tax and the installation
of electricity and water taps.
6.  Accommodation in inspection Bungalows etc.:- Notwithstanding
anything contained in any other law, rules or orders for the time being in force
and subject to rules to be made by the S tate Government; member shall be
entitled to free accommodation in Inspection Bungalows, Dak Bungalows, Circuit
Houses or Rest Houses maintained by the State Government or Local Authority
within the State.
7. Power to make rules:- (1) The State Government may make rules for
carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers such rule may provide "
(a) for determining the period during which daily allowances and
travelling allowances are to be drawn;
(b) for deductions from such allowances and the salary fixed under
Section 3 under such circumstances as they consider fit;
(c) for medical, housing, telephone and postal facilities;
(d) for determining the staff and the privileges of the Leader of the,
Opposition, the Chief Whip; and the Deputy Chief Whip; and
(e) for regulating the payment of pension.
(3) All rules made under this Act shall be laid as soon as possible after
they are made before the Orissa Legislative Assembly for a total period of fourteen
days which may be comprised in one Session or in two or more Sessions and
shall be subject to such modifications as the Assembly may make during the
said period.
8. Continuance of the existing rules:- Notwithstanding anything
contained in this Act but subject to the provisions of Section 4 thereof, the rules
made under the provisions of Section 5 of the Orissa Legislative Assembly
Member's Salaries and Allowances Act, 1938, shall continue in force until such
rules are made in this behalf under this Act.
9. Interpretation:- Except as otherwise provided, if any question arises
as to the interpret ation of this Act or of the rules made there under or rules
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referred to in Section 8, the matter shall be referred to the State Government and
their decision shall be final.
10. Repeal:- The Orissa Legislative Assembly Member Salaries and
Allowances Act, 1938 is hereby repealed.

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