The Salary and Allowances of Leader of Opposition in Legislative Assembly Act, 1978

Punjab · state statute

Open in Lexace · Ask the AI about this act

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS

THE SALARY AND ALLOWANCES OF LEADER OF OPPOSITION IN
LEGISLATIVE ASSEMBLYACT, 1978

(PUNJAB ACT 12 OF 1978)
(As amended upto the 31st August, 2025)

2025

THE SALARY AND ALLOWANCES OF LEADER OF OPPOSITION IN
LEGISLATIVE ASSEMBLYACT, 1978

Sections Contents

1. Short title and commencement
2. Definitions
3. Salary and allowances of Leader of Opposition
3-A. Perquisites to be exclusive of income-tax
4. Residence for Leader of Opposition
5. Travelling and daily allowances to Leader of Opposition
6. Medical and other facilities to Leader of Opposition
7. Leader of Opposition not to draw salary or allowances as Member of
Legislative Assembly.
8. Amenities to Leader of Opposition
9. Notification respecting the date on which person became or ceased to be
Leader of Opposition to be conclusive evidence thereof
10. Power to make rules

1THE SALARY AND ALLOWANCES OF LEADER OF OPPOSITION
IN LEGISLATIVE ASSEMBLYACT, 1978

(Punjab Act 12 of 1978)
[Received the assent of the Govern or of Punjab on the 16th Septem ber,
1978, and was first published for general information in the Punjab
Government Gazette (Extraordinary), Legislative Supplement, dated the 18th
September, 1978.]
1 2 3 4
Year No. Short Title Whether repealed or otherwise
affected by the legislation
1978 12 The Salary and
Allowances of
Leader of
Opposition in
Legislative
Assembly Act,
1978

2Amended by Punjab Act No. 11
of 1979
3Amended by Punjab Act No. 18
of 1986
4Amended by Punjab Act No. 5 of
1992
5Amended by Punjab Act No. 6
of2003
Amended by Punjab Act No. 20
of 2003
Amended by Punjab Act No. 2 of
2005
Amended by Punjab Act No. 7 of
2011
Amended by Punjab Act No. 12
of 2018

1For Statement of Objects and Reasons, seePunjab Government Gazette (Extraordinary), dated the 7th March,
1978, page 390.
2For Statement of Objects and Reasons, seePunjab Government Gazette (Extraordinary), dated the 30th April,
1979, page 734.
3For Statement of Objects and Reasons, seePunjab Government Gazette (Extraordinary), dated the 12th
December, 1986, page 1422.
4For Statement of Objects and Reasons, seePunjab Government Gazette (Extraordinary), dated the 14th July,
1992, page 1099.
5For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 2ndApril,
2003, page 1203.
Amended by Punjab Act No. 21
of 2018
Amended by Punjab Act No. 15
of 2019

An Act to provide for the salary and allowances of the Leader of the
Opposition in Legislative Assembly.
BE it enacted by the Legislature of the State of Punjab in the Twenty -
ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Salary and Allowances of Leader of
Opposition in 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.
2. In this Act, unless there is anything repugnant in the subject or context, -
(a) "Legislative Assembly" means the Punjab Legislative Assembly;
(b) "Leader of the Opposition" means that member of the Legislative
Assembly who is, for the time being, the Leader of the party in
opposition to the Government having the greatest numerical
strength and recognised as such by the Speaker;
Explanation.- Where there are two or more parties in opposition to the
Government having the same numerical strength, the Speaker shall,
having regard to the status of t he parties, recognise any one of the
Leaders of such parties as the Leader of the Oppositi on for the purposes
of this section and such recognition shall be final and conclusive; and
(c) "Speaker" means the Speaker of the Punjab Legislative Assembly.
1[3. The Leader of Opposition shall be paid a salary, sumptuary allowances and
compensatory allowances as are admissible to a Minister under clause (b) of
sub-section (1) of section 2 of the East Punjab Ministers’ Salaries Act, 1947.]

1Substitutedby Punjab Act No. 7 of 2011, Section 2, on and with effect from the 4th day of November, 2010.
Short title and
commencement
Definitions.
Salary and
allowances of
Leader of
Opposition.
1[3-A. The free furnished house and other perquisites admissible to the Leader
of Opposition under this Act, shall be exclusive of income tax, which shall be
payable by the State Government.]
2[4. The Leader of Opposition shall be provided with a rentfree Government
house at the State Headquarter or the house rent allowances and other
allowances, as are admissible to a Minister under sub -sections (2), (2-A), (2-B)
and (2-C) of section 2 of the East Punjab Ministe r’s Salaries Act, 1947, and the
rules framed thereunder.]
5. Subject to any rules made in this behalf by the State Government, the
Leader of the Opposition shall be entitled to—
(a) travelling allowances for himself and the members of his family
and for the transport of his and his family's effects-
(i) in respect of the journey to Chandigarh from his usual place of
residence outside Chandigarh for assuming office; and
(ii) in respect of the journey fr om Chandigarh to his usual place of
residence outside Chandigarh on relinquishing office; and
(b) travelling and daily allowances in respect of tours undertaken by
him in the discharge of his duties as the Leader of the Opposition,
whether by sea, land or air.
3[6. (1) The Leader of the Opposition and the members of his familyshall
be entitled to the same medical facilities as are admissible to a Minister under
the Punjab State Legislat ure Officers, Ministers and Members (Medical
Facilities) Act, 1965, and the rules framed thereunder.]
4[(2) The Leader of the Opposition shall be entitled to the same
facilities,for travelling concession, constituency, secretarial and postal facilities
allowances and office allowances in constituency, as are admissible to a
Minister under sections 2 -BB and 2-BBB of the East Punjab Ministers’ Salaries
Act, 1947.]

1Inserted by Punjab Act No. 15 of 2019, Section 2
2Substitutedby Punjab Act No. 7 of 2011, Section 3, on and with effect from the 4th day of November, 2010.
3Substituted by Punjab Act No. 11 of 1979, Section 3
4Substitutedby Punjab Act No. 7 of 2011, Section 4, on and with effect from the 4th day of November, 2010.
Residence
for Leader of
Opposition.
Travelling
and daily
allowances to
Leader of
Opposition.
Medical and
other
facilities to
Leader of
Opposition.
Perquisites
to be
exclusive of
income -tax.
1[(3) Where the Leader of the Opposition having obtained an advance
under sub -section (2) dies while holding office as such, the amount of the
advance or any part thereof which would have accrued after the date of his
death in accordance with the terms and conditions of the grant of the advance
alongwith interest thereon shall be written off with the sanction of the
prescribed authority.]
7. No Leader of the Opposition in receipt of a salary or allowance underthis
Act shall be entitled to receive any sum ou t of funds provided by the
LegislativeAssembly by way of salary or allowance in respect of his
membership of theAssembly.

8. 2[(1) The Leader of Opposition shall be entitled to the same telephone
facility, as is admissible to a Minister under sub -section (4) of section 2 of the
East Punjab Ministers’ Salaries Act, 1947.]
3[(2) The Leader of the Opposition shall also be paid a conveyan ce
allowance at the rate of ten thousand rupees per mensem, or, in lieu thereof,
a State car, the expenses on the maintenance and propulsion of which shall
be borne by the State Government:
Provided that the maintenance and propulsion expenses of the State
car in use by the Leader of the Opposition shall not be subject to the limit of
ten thousand rupees.]
4[(3) If Leader of Opposition does not avail of or surrenders his State
car and wishes to use his private vehicle for official purpose then he shall be
entitled to the same facilities as are admissible to a Minister under sub -
section (3-A) of section 2 of the East Punjab Ministers’ Salaries Act, 1947
and the rules framed thereunder.]

1Inserted by Punjab Act No. 18 of 1986, Section 3, on and with effect from the 29th day of September, 1985.
2Substitutedby Punjab Act No. 7 of 2011, Section 5, on and with effect from the 4th day of November, 2010.
3Substituted by Punjab Act No. 6 of 2003, Section 3
4Added by Punjab Act No. 21 of 2018, Section 2
Leader of
Opposition
not to draw
salary or
allowances as
Member of
Legislative
Assembly.
Amenities to
Leader of
Opposition.
9. The date on which any person became or ceased to be the Leader of the
Opposition shall be published in the Official Gazette, and any such notification
shall be conclusive evidence of the fact that he became, or ceased to be the
Leader of the Opposition on that date for all the purposes of this Act.

10. (1) The State Government may, by notification in the O fficial Gazette,
make rules for carrying 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 matters,
namely:-
1[(a) ***];
(b) the travelling and daily allowance admissible to the Leader
of the Opposition under section 5;
(c) the telephone and secretarial facilities admissible to the
Leader of the Opposition.
(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before the House of the State Legislature, while it is in session,
for a total period of ten days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, the House agrees in
making any modification in the rule or the House agrees 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
annulment shall be without prejudice to the validity of anything previously done
under that rule.

1Omitted by Punjab Act No. 7 of 2011, Section 6, on and with effect from the 4th day of November, 2010.
Power
to make
rules.
Notification
respecting the
date on which
person
became or
ceased to be
Leader of
Opposition to
be conclusive
evidence
thereof.

‹ Prev All Punjab acts Next ›