LexThe rajasthan legislative assembly (officers and members emoluments and pension) act, 1956
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Open in Lexace · Ask the AI about this actThe Rajasthan Legislative Assembly (Officers and Members
Emoluments and Pension) Act, 1956
(Act No. VI of 1957)
[Received the assent of the Governor on the 11th day of January, 1957]
An
Act
to provide for the emoluments and pension to be paid to the Officers and
Members of the Legislative Assembly of the State of Rajasthan.
Whereas Articles 186 and 195 of the Constitution of I ndia provide
for the fixing by law of the salaries and allowances to be paid to the of-
ficers and members of the legislative Assembly for the State;
Be it enacted by the Rajasthan State Legislature in the Seventh
Year of the Republic of India, as follows :—
1. Short title. — This Act may be called the Rajasthan Legislative
Assembly (Officers and Members Emoluments and Pension) Act, 1956.
2. Interpretation. — (1) In this Act, unless the subject or context
otherwise requires,—
(a) ‘‘appointed day’’ means the first day of Novemb er, 1956;
*(aa) ‘‘Constituency Allowance’’ means an allowanc e to meet
personal office expenses incurred by a member in his
constituency in the performance of duties of the off ice of the
member and expenses incurred by a member on account of
correspondence and consumption of electricity and water.
□ Deleted by Act No. 23 of 2019 vide notification F2(39 ) vidhi/2/2019 dated,
August 21, 2019.
(2)
(aaa) ‘‘medical facilities’’ includes facilities fo r treatment
according to the Ayurvedic or Unani Tibbi system of m edicine or
surgery, whether supplemented or not by modern advance s; and
‘‘medical attendance and treatment’’ shall be construed accordingly;
(b) ‘‘member’’ means a member of the Legislative Ass embly
of the State, but save as otherwise expressly provided in
this Act, does not include—
(i) a Minister as defined in the Rajasthan Minister’ s
Salaries Act, 1956 (Act No. 43 of 1956); and
(ii) an officer of the Legislative Assembly for the State as
defined in this Act;
(c) ‘‘Minister’’ means a Minister of the State of Raj asthan and
includes the Chief Minister as well as the Deputy Minister;
(d) ‘‘Officer’’ used with reference to the Legislative Assembly
for the State means the Speaker as well as the Deputy
Speaker of such Assembly; and
(e) ‘‘State’’ means the State of Rajasthan as forme d by
section 10 of the States Reorganisation Act, 1956 (C entral
Act 37 of 1956).
(2) The provision of the Rajasthan General Clauses Ac t, 1955
(Rajasthan Act, 8 of 1955) in force in the pre-reorgani sation State of
Rajasthan shall, as far as may be, apply mutatis mutandis Rom. Act.
3. Salaries of Officers. — (1) There shall be paid—
(a) a salary of @Seventy thousand rupees per mensem to the
Speaker, and
(b) a salary of @Sixty Five thousand rupees per mensem to the
Deputy Speaker of the Legislative Assembly of the State.
@ Sub by Raj. Act No. 23 of 2019 vide Notification F2 (39) vidhi/2/2019 dated. August 21, 2019
w.e.f. 1st April, 2019
(3)
(2) The salary fixed by sub-section (1) shall be pay able to the
Speaker or Deputy Speaker, as the case may be 1st Ap ril, 2019 @ or
with effect from the date on which he is chosen as s uch Speaker or
Deputy Speaker under Article 178 of the Constitution , whichever may
be later, and until he vacates or resigns or is remove d from his office as
such Speaker or Deputy Speaker in accordance with law.
3-A. Sumptuary Allowance. —In addition to the salary payable
under section 3, there shall be paid, with effect from 1st April, 2019@ to
the Speaker and the Deputy Speaker of the Legislative Assembly, a
sumptuary allowance of @eighty thousand rupees per mensem.
4. Salaries of Members .—Every member of the Legislative
Assembly of the State shall be entitled to receive a salary of @ Fourty
thousand rupees per mensem with effect from 1st April, 2019@ or with
effect from the date on which the declaration of the result of his election
to the Rajasthan Legislative Assembly is published in the Official
Gazette under section 67 of the Representation of the People Act, 1951
(Central Act 43 of 1951), whichever may be later, unti l he ceases to be
such member :
Provided that no member shall claim such salary unless he makes
and subscribes the oath or affirmation of his office under Article 188 of
the Constitution :
@ Sub by Raj Act No. 23 of 2019 vide F2(39)vidhi/2/2019 dated August 21,
2019 w.e.f. 1st April, 2019.
(4)
Provided further that such salary shall be liable to su ch
deductions for continued absence or other cause as may be provided in
the rules made by the State Government in this behalf.
4A. Pension and other facilities.— (1) With effect from 1st April,
2019 @ there shall be paid to every person, who has served as a member
of the Rajasthan Legislative Assembly for any perio d upto five years.
Whether continuous or not, a pension of @rupees thirty five
thousand per mensem and an additional pension of rup ees one
thousand six hundred only mensem for every year or part thereof,
whether continuous or not, beyond the aforesaid period of five years :
Provided that no such pension shall be paid to any p erson for the
period during which such person was or is in receipt of any salary as
Member of Parliament or any State Legislature or from any State
Government or the Central Government, or any Corporatio n owned or
controlled by the Central Government or any State Govern ment or any
local authority and if any such salary was or is recei ved the payment of
pension shall be suspended for that period :
Provided further that the salary or remuneration payable to such
person for being such member or for holding such offic e or being so
employed, is in any case less than the pension paya ble to him under this
section, such person shall be entitled only to receiv e the balance as
pension under this section :
Provided also that pension payable to a person under t his section
shall be increased by twenty percent if he has attain ed the age of
Seventy years and shall be increased by thirty percent if he has attained
the age of eighty years.
@ Sub by Raj Act No. 23 of 2019 vide Notification F 2(39)vidhi/2/2019 dated August, 21,
2019 w.e.f. 1st April, 2019
(5)
Explanation I.- In computing the number of years for the
purposes of determining pension under this section, t he period during
which a person has served as a Minister or as an off icer as defined in
this Act, or both, by virtue of his membership of the Rajasthan
Legislative Assembly shall be taken into account.
Explanation II.- If the Legislative Assembly is dissolved before
the expiration of the period of 5 years, for the purpo se of computing the
period as Member of the Legislative Assembly the perio d commencing
with the date of the constitution of the Legislativ e Assembly after the
General Election and ending with the date of dissolu tion, shall be
deemed to be five years.
Explanation III.- For the purpose of this section, salary includes
salary received under this Act and salary received as :—
(i) the President or Vice-President or Governor of any State or
the Administrator of any Union Territory; or
(ii) a Member of the Parliament or any State Legisla ture; or
(iii) a Minister or Deputy-Minister of the Government o f India
or any State; or
(iv) the Chairman or Deputy-Chairman of the Council of States,
or the Legislative Council of any State; or
(v) the Speaker or Deputy Speaker of the House of the People,
or of the Legislative Assembly of any State.
(6)
Explanation IV.- In computing the amount of pension payable to
any person under this section, the amount of pension received by him
under the Rajasthan Freedom Fighters Aid Rules, 1959 o r under any
other rules made on the same subject shall not be taken into account.
Explanation V.- In computing the number of years for the
purpose of determining pension under this section wit h respect to a
person who is elected to the Legislative Assembly in a bye-election, the
period commencing with the date on which such person takes oath of his
membership and ending with the date of dissolution o f the Assembly
shall be deemed to be five years.
*(2) With effect from ***1st April, 2018, every person entitled to
pension under sub-section (1), subject to rules, if any, made in this
behalf by the State Government,-
(a) shall be entitled to reimbursement of any expendi ture on
account of medical treatment*** of himself and has d epend-
ent children equivalent to that permissible to the retired offi-
cers of class I services of the state Government; and
(b) shall also be entitled to **two free non-transferable passes
which would entitle him and any other person accompanying
him to travel at any time by the Rajasthan State Roa d
Transport Corporation Service on whichever routes it
operates, in such class of accommodation and subject to
such conditions as may be prescribed.
Provided that where such person is also entitled to an y of the
aforesaid facilities for the time being as the Presid ent, Vice-President,
or Governor of any State or the Administrator of any Union Territory or
as Member of Parliament or of any other State Legislatu re or the
National Capital Territory of Delhi or from the Central G overnment or
any State Government, or any Corporation owned or con trolled by the
Central Government or any State Government, or any local authority,
under any law or otherwise, he shall not be entitled t o that facility to
that extent.
* Sub by Raj Act No. 12 of 2010 Published in Raj Gazette 29.4.2010 wef. 1.4.2010
** Sub by Notification F2(35) vidhi/2008 dated August 5, 2008
*** Sub by Act No. 25 of 2018 published in Raj Gazette Oct 04, 2018 with in to force at once.
(7)
(3) Where a person has served as a Member of Parliament,
whether in the House of the People after being chosen by
direct election from any territorial constituency in th e State of Rajasthan
or in the Council of States as a representative of the State, he shall be
entitled to one free non-transferable pass which would entitle him to
travel at any time by the Rajasthan State Road Transp ort Corporation
service on whichever route it operates, in such class of accommodation
and subject to such conditions as are prescribed under sub-section (2).
4B. Family pension.— (1) Notwithstanding anything contained in
section 4A, but subject to such rules as may be pres cribed, where on or
after 8th day of March, 1985, any member of the Legisl ative Assembly
dies before the expiry of the term of his office, his or her spouse shall
be paid family pension of an amount per mensem equi valent to the
salary which such member would have been entitled to had he been alive
for the un-expired portion of the term of office of su ch deceased mem-
ber :
Provided that if the spouse of deceased member remarries , he or
she shall not be paid any pension under this sub-section.
(2) Where more than one wife has survived the deceased
Member, the amount of family pension payable under su b-section (1)
shall be paid to such wives in equal shares.
(3) Where no spouse has survived the Member, or the su rviving
spouse has re-married, the family pension under sub-se ction (1) shall be
paid in equal shares to the members of the family of the deceased
Member.
Explanation.— The expression ‘family’ means the sons and
unmarried daughters and such parents of the deceased Me mber as were
wholly or mainly dependent on him or her at the time o f his or her
death.
(8)
#4-C.- Family pension to the spouse of the Ex-member.- (1) The
spouse of a deceased Ex-member shall be entitled wit h effect from @1st
April, 2019 or with effect from the date of death of s uch member,
whichever is later, to receive per mensem a family pens ion equal to
rupees to @ Seventeen thousand five hundred or equal to fifty pe rcent of
the last drawn pension by such member, whichever is higher :
Provided that—
(i) @@delited
(ii) If the spouse of such member remarries, he or she shall not
be paid any pension under this section;
@
(iii) Where more than one wife has survived such memb er, the
amount of family pension payable under this section shall be
paid to such wives in equal shares; and
(iv) The spouse of a deceased Ex-member shall be pai d the whole
amout of any arrear of the family pension and where the
spouse of a deceased Ex-member is not alive,the amou nt of
arrear of such pension shall be paid in equal shares to the
members of the Family of deceased Ex-member.
Explanation! "The expression Family means the sons and
unmarried daughters and such parents of the deceased Ex -
Member as were wholly or mainly dependent on him or her
at the time of his or her death".
@ Sub by Notification F2(20) vidhi/2/2020 dated, 23.09.2020.
(9)
Explanation I .– For the purpose of this section ‘last drawn
pension’ in respect of a member of the Legislative As sembly who had
died or resigned before the expiry of his term of his of fice shall be the
amount to which such member would have been entitle d under section
4-A on the day immediately following the day of his death or, as the day
case may be, resignation, and in respect of an Ex-mem ber who did not
draw pension before his death. Shall be the amount to which such
member would have been entitled under section 4-A on the day
immediately following the day of expiry of his last term of office.
Explanation II .- In computing the amount of pension payable to
any person under this section, the amount of pension received by him
under the Rajasthan freedom Fighters Aid Rules, 1959 o r under any
other rules made on the same subject shall not be ta ken into account ;
and
(2) With effect from 1st April, 2012 every person enti tled to
family pension under this section, subject to rules , if any, made in this
behalf by the State Government, shall be entitled to reimbursement of
any expenditure on account of medical treatment equiv alent to that
permissible to the retired officers of class I services of the State
Government.
* Explanation Shall be added w.e.f. 29th April, 2010.
(10)
4-D. Free travelling facility to Ex-members.- ‘‘ (1) With effect from @ 1st
April, 2019, every person, who has served as a member of the Rajasthan Legisla-
tive Assembly shall be entitled to receive reimbursement of a ctual fare of any jour-
ney undertaken by him, either alone or with persons acco mpanying him, within the
terrritory of India in any class of railway, air, ship or steamer, subject to a maxi-
mum limit of rupees## one Lakh in a financial year, i n such manner and subject to
such conditions as may be prescribed by rules made in this behalf.
"Provided that if the total amount of reimbursement received in financial
year under this section is less than one lakh rupees, th e amount by which the
amount of reimbursement is less than one lakh rupees sha ll be carried forward for
one financial year and the whole amount remained unutilised at the end of second
financial year shall stand lapsed."
"(2) Every person, who has served as member of the R ajasthan Legislative
assembly shall be entitled to receive, from out of the amo unt available in the rele-
vant year under sub-section (1). reimbursement of amoun t equivalent to actual fare
of journey abroad by air, ship orsteamer paid by him. either alone or with persons
accompanying him after approval of his request for such journey being accorded by
the Speaker of the Legislative Assembly. Such journey sha ll be subject to compli-
ance of guidelines issued and/or rules made relating to permission of such journey
abroad. by the Government of India and State Government, from time to time."
"4-E. Travelling facility to the spouse of the Ex-member.- The spouse of a
deceased Ex-member shall be provided one hundred trav elling passess per annum
which would entitle her/him to travel by the Rajasthan State Road Transport Corpo-
ration service on whichever route it operates in such class of accommodation and
subject to such conditions as may be prescribed by the rules made in this behalf.".
5. Salaries of Government Chief Whip and Deputy Govern ment Chief Whip.—
(1) *There shall be paid, with effect from ## 1st April, 2019 @ or with effect
from the date on which he may thereafter enter upon h is office,
whichever may be later, a salary of ## Sixty five thousand rupees per
mensem to the Government Chief Whip and a salary of ## Sixty two
thousand rupees per mensem to the Deputy Government Chief Whip.
(2) **In addition to the salary payable under sub-section (1), there shall
be paid, with effect from #1st April, 2019 or with effect from the
date on which he may thereafter enter upon his office, whichever may
be later,
["a sumptuary allowance of eighty thousand rupees per mensem to the
Government Chief Whip and a sumptuary allowance of e ighty thou-
sand rupees per mensem to the Deputy Government Chief Whip"
@ Sub by. Act No. 23 of 2019 vide notifaction F2 (39) vidhi/2/2019 dated 21 August, 2019
# Sub by Act Notifaction No. F2 (39) vidhi/2/2020, d ated 23.09.2020
## Sub by F2 (24) Vidhi/2/2022 wef October 19, 2022.
(11)
Explanation.- For the purpose of this section ‘‘Government Chief
Whip’’ or ‘‘Deputy Government Chief Whip’’ means that member of
the Rajasthan Legislative Assembly who is Chief Whi p or Deputy Chief
Whip for the time being in the Assembly of the part y in Government
having the greatest numerical strength in that Assembly.
(3) If any doubt arises as to which is or was at an y material time
the party in the Government having the greatest numeric al strength in
the Assembly, or as to who is or was at any material t ime the
Government Chief Whip or the Deputy Government Chief Whip in that
Assembly of such a party, the question shall be dec ided by the Speaker
of the Rajasthan Legislative Assembly and his decis ion in writing shall
be final and conclusive.
6. Salary and Sumptuary Allowance of Leader of the Opp osition.-
(1) There shall be paid to the Leader of the Opposition, with effect from
@1st April, 2019 or with effect from the date on which he may
thereafter enter upon his office, whichever may be late r, a salary of
@Sixty five thousand rupees and a sumptuary allowance of @eighty
thousand rupees per mensem.’’
Explanation.- (i) In this Act ‘‘Leader of the Opposition’’ means
that member of the Rajasthan Legislative Assembly w ho is, for the time
being, the Leader in that Assembly of the party in o pposition to the
Government having the greatest numerical strength in t hat Assembly
and recognized as such by the Speaker.
(ii) Where there are two or more parties in opposition to the
Government having the same numerical strength, the Speaker shall, hav-
ing regard to the status of the parties, recognize any one of the
leaders of such parties as the Leader of the Oppositio n for the purposes
of this Act and such recognition shall be final and conclusive.
@ Sub by Raj Act No. 23 of 2019 vide notification F2(39) vidhi/ 2/2019 dated
21st August, 2019 w.e.f. 1st April, 2019
(12)
6A. Other facilities and allowances to the Speaker, the Deputy
Speaker, the Government Chief Whip, the Deputy Gove rnment Chief
Whip and the Leader of the Opposition.- (1) The Speaker, the Deputy
Speaker, the Government Chief Whip, the Deputy Governm ent Chief
Whip and the Leader of the Opposition, hereinafter refe rred to as the
‘‘said officers’’ shall be entitled, without payment of rent or other
charge to the use, throughout their respective term of office, of—
(a) an official residence and furniture in Jaipur, and
(b) a State car,
and no charge shall fall on the said officers personally in respect of
the maintenance of such residence, furniture or car :
Provided that each of the said officers shall be enti tled to an
official residence and furniture without payment of rent or other charge
in Jaipur upto a period of two months from the date he ceases to be such
officer.
(2) The use and maintenance of the residence, furnit ure and a
State car referred to in sub-section (1) shall be regula ted by rules made
in this behalf by the State Government.
*(3)(a) if the speaker, the Government Chief Whip or the leader
of Opposition does not avail himself of the use of any of
the facilities for which he is entitled under sub se ction
(1), he shall be paid in lieu of such facility an a llowance
equal to that payable in lieu of such facility to a Minister
other than the Chief Minister, Minister of State and a
Deputy Minister under the Provisions of the Rajasthan
Minister’s Salaries Act, 1956 (Act No. 43 of 1956); and
(b) if the Dupty Speaker or the Deputy Government Chief
Whip does not avail himself of the use of any of th e
facilities for which he is entitled under sub-section (1), he
shall be paid in lieu of such facility an allowance equal to
that payable in lieu of such facility to a Minister of State
under the provisions of the Rajasthan Minister’s Salari es
Act, 1956 (Act No. 43 of 1956)
* Sub by Notification No. F2 (25) vidhi-2/2006 dated April 24, 2006
(13)
(4) Each of the said officers shall, irrespective of w hether or not
he avails himself of the use of the official residen ce in Jaipur to which
he is entitled under this section, be further entitled to the concession of
payment by Government for him and on his behalf throug hout his term
of office and up to a period of two months from the date he ceases to be
such officer, of all charges due from him on account of the consumption
of electricity and water at his residence :
Provided that such payment shall not exceed such lim its as may be
specified in the rules made in that behalf by the State Government.
(5) Each of the said officers shall further be entitle d to receive, in
accordance with rules made by the State Government in that behalf,—
(a) travelling allowances for himself and the members of his family
for the transport of his and his family's effects—
(i) in respect of the journey to Jaipur from his usual place of
residence outside Jaipur for assuming office; and
(ii) in respect of the journey from Jaipur to his usua l place of
residence outside Jaipur on relinquishing office; and
(b) travelling and daily allowances in respect of jou rneys (including
journeys outside India) undertaken by him in the dis charge of
his official duties or in the public interest.
(6) Any travelling allowance paid under sub-section (5) may
consist either of a payment in cash or free official transport.
(14)
(7) Subject to any rules made in this behalf by th e State
Government, each of the said officers and the members of his family
shall be entitled free of charge to accommodation in hospitals
maintained by the Government and also to medical treatment.
(8) Subject to rules, if any, made in this behalf b y the State
Government, each of the said officers may be granted b y the State
Government in appropriate cases any concession or speci al facility,
including the reimbursement thereof, outside the State for the following
items :
(i) medical treatment;
(ii) medical attendance or travelling allowances for such
journey performed by him; and
(iii) accommodation including diet for the purpose of such
treatment.
(9) Subject to any rules made in this behalf by the State
Government, each of the said officers shall be entitl ed to
telephone at his residence in Jaipur and in his office.
(10) The Government Chief Whip and the Deputy Governm ent
Chief Whip shall be entitled to such postal facilit ies as may be
prescribed.
(11) There shall be paid to each of the said officers , by way of a
repayable advance, such sum of money for the purchase of a motor car
on such terms as the State Government may, by rules, determine in
order that he may be able to discharge, conveniently a nd efficiently, the
duties of his office.
(12) None of the said officers in respect of a salary or allowances
under this Act shall be entitled to receive any sum o ut of the funds
provided by the Legislative Assembly by way of salar y or allowances in
respect of his membership of the Assembly.
(15)
7. Telephone facilities to Whips of recognised parties and
Leaders of groups.- The Whips of recognised parties and Leader of
groups in the Legislative Assembly shall be entitled to such telephone
facilities as may be prescribed.
Explanation.— For the purpose of this section :—
(i) “recognised party” means a party having a membershi p of
more than the quorum prescribed for the sittings of th e
Assembly for the time being;
(ii) “Group” means an association of members recognis ed by
the Speaker as a group.
8. Allowances of members.— (1) Subject to such conditions and
restrictions as may be prescribed, every member of the L egislative
Assembly shall be entitled to receive, for his attend ance required in
connection with his duties, as such member :-
(a) travelling allowance at the prescribed rates in ac cordance
with rules made in that behalf, and
(b) daily allowance at the rate of @two thousand rupees per day
within the State and @two thousand five hundred rupees per
day outside the state subject, however that such all owance
shall not be admissible for such period as is in exc ess of fif-
teen days in a calendar month except when the Legis lative
Assembly is in session :
Provided that no sum on account of any such allowanc e shall be
paid to a member before he has made and subscribed the oath or
affirmation of his office prescribed by Article 188 of the Constitution :
Provided further that until rates are prescribed under cl ause (a),
travelling allowance shall be payable thereunder to th e members of the
Legislative Assembly at the rates admissible to Gove rnment servants of
the first class.
@ Sub by Raj. Act No. 23 of 2019 notification F2(39) vidhi/2 /2019 dated August 21,
2019 w.e.f. 1st April, 2019
(16)
(2) Notwithstanding anything contained in the provis o to
sub-section (1), every member of the provisional Legis lative Assembly
of the State formed by virtue of section 28 of the St ate Reorganisation
Act, 1956 (Central Act 37 of 1956) shall be entitled to draw travelling
and daily allowances at the rates and in the circumst ances specified in
sub-section (1) with effect from the appointed day.
(3) Every member shall be entitled to transit facilit ies to bring his
wife or her husband, as the case may be, from the pla ce where such
member ordinarily resides to Jaipur and back once during every session
of the Rajasthan Legislative Assembly at Government cost in the same
class to which the member is entitled to travel.
(4) For the purpose of sub-section (1), a member sha ll be deemed
to have attended a meeting of the Rajasthan Legisla tive Assembly on
any day during any session if after having come to J aipur to attend such
meeting, he or she has been prevented from actually at tending
it on that day on account of illness or in obedienc e to an order
of a court :
Provided that according to the final order of the cour t the member
was not disqualified from attending such meeting on the day on which
he or she has been so prevented from attending it by the order of the
court.
8A. Free transit by road transport service.- Every member shall
be provided with two free non-transferable passes which would entitle
him and any other person accompanying the member to tra vel at any
time by the Rajasthan State Road Transport Corporation service on
whichever route it operates in such class of accommoda tion and subject
to such conditions as may be prescribed :
Provided that nothing contained in this section shal l be construed
as disentitling a member to any travelling allowances to which he is
otherwise entitled under the provisions of this Act.
(17)
8B. Free Railway travelling facilities to Members.- (1) Every
member shall be entitled to receive reimbursement of a ctual fare of any
Journey undertaken by him, either alone or with persons accompanying
him, within the territory of India in any class of rail way, air, ship or
steamer, subject to a maximum limit of rupees @three lakh in a financial
year w.e.f. 1.4.2019, in such manner and subject to s uch conditions as
may be prescribed by rules made in this behalf.
"(1A) A member shall be entitled to receive, from out of the amount
available in the relevant year under sub-section (1), rei mbursement of
amount equivalent to actual fare of journey abroad by a ir, ship or steamer
paid by him, either alone or with persons accompanying him after
upproval of his request for such journey being accorded by the Speaker of
the Legislative Assembly. Such journey shall be subject t o compliance of
guidelines issued and/or rules made relating to permission of such journey
abroad, by the Government of India and State Government, fr om time to
time.", and
(2) Where the total amount of reimbursement received in a
financial year under sub-section (1) is less than rup ees @three lakh, the
amount by which the amount of reimbursement is less t han @three lakh
shall be carried forward in next financial year or years a nd the member
shall be entitled to utilize such amount at any tim e before expiry of his
term as member.
(3) Where a Member entitled to receive travelling allow ance
under section 8, chooses to travel by air, ship or stea mer, he shall be
entitled to surrender such part of the facility provide d by sub-section (1)
as is equivalent to the difference between the air, s hip or steamer fare
actually paid by him and the railway fare to which he is entitled under
that section and receive the cash equivalent of the facility so surrendered :
#"(4) A member entitled to receive travelling allowance under
section 8 shall be entitled to receive reimbursement of amount equivalent
to actual fare of any journey abroad undertaken by him by a ir, ship or
steamer paid by him. either alone or with persons accompa nying him, for
study-tour of the Committee with the prior approval of t he Speaker of the
(18)
Legislative Assembly on surrendering such part of the faci lity provided
by sub-section (1) Such journey shall be subject to compl iance of guide-
lines issued and/or rules made relating to permission of such journey
abroad, by the Government of India and State Government, fr om time to
time.
#(5) Where a member entitled to receive travelling allowanc e
under section 8, chooses to travel on his own will, for study-t our of the
Committee, either alone or with persons accompanying him wit hin the
territory of India in any class of air, ship or steamer, he shall be entitled to
surrender such part of the facility provided by sub-secti on (1) as is
equivalent to the air, ship or steamer fare actually paid by him and receive
the cash equivalent of the facility so surrendered.
#(6) Where a member entitled to receive travelling allowanc e
under section 8 chooses to travel with the prior approval of Speaker, for
study-tour of the Committee, either alone or with persons a ccompanying
him within the territory of India in any class of air, shi p or steamer, he
shall be entitled to surrender such part of the facilit y provided by sub-
section (1) as is equivalent to the difference between t he air, ship or
steamer fair actually paid by him and the railway fare to which he is
entitled under that section and receive the cash equivalent of the facility
so surrendered.
#(7) Where a member entitled to receive travelling allowanc e
under section 8 chooses to travel, with the prior approval of Speaker, for
study-tour of the Committee, either alone or with persons a ccompanying
him, such places which are not connected to with road or r ail within the
territory of India in any class of air, ship or steamer, he shall be entitled to
surrender such part of the facility provided by sub-secti on (1) as is
equivalent to air, ship or steamer fare actually paid by him and receive the
cash equivalent to the facility so surrendered:"
(19)
Provided that aggregate amount so paid either as railway fare or in
respect of air, fare or as the difference between the ai r fare and the
railway fare or as or in respect of any of them shall not exceed rupees
@three lakh within a financial year.
Explanation.- For the purposes of this section, a member shall
include a Minister as defined in the Rajasthan Minis ters’ Salaries Act,
1956 (Act No. 43 of 1956) and an Officer of the Legi slative Assembly
for the State as defined in this Act.
8C. Constituency Allowance.- (1) A member shall be entitled to
receive the Constituency Allowance of rupees ## Seventy thousand per
month.
(2) For the avoidance of doubts, it is hereby declare d that the
Constituency Allowance admissible under sub-section (1) shall be in
addition to, and not in derogation of, any other allo wances or facilities
admissible (whether in cash or kind) under the Act.
# Sub Act No. 25 of 2020 vide notification No. F2(20)vidi/2/2020 d ated
23.9.2020.
## Sub by Act No. 23 of 2019 vide notification F2(39)vidhi/2/2019 dat ed 21st
August 2019 w.e.f. 1st April 2019.
@ Notification F.7(2)sansad/2019 dt. 7.11.2019
(20)
8D. Secretarial Assistance to members.- Every member shall be
provided with an employee, drawing pay in a Grade Pay not exceeding
the Grade Pay No. 9 as specified in the Rajasthan Ci vil Services
(Revised Pay) Rules, 2008, by the revenue department of the State
Government as secretarial assistance or, at the option of the member, a
lump sum amount of ## thirty thousand rupees per mensem shall be paid
to the member in lieu of the secretarial assistance.
@"8-E. Telephone allowance to members.- With effect from 1st
April, 2019, there shall be paid to every member a tele phone allowance
of two thousand five hundred rupees per mensem".
9. Amenities.— (1) Every member of the Legislative Assembly
shall be entitled to such medical facilities for hi mself and for members
of his family and to such housing facilities as may be prescribed.
Explanation.— For the purpose of sub-section (1), housing
facility shall include—
(i) grant of house rent allowance at such rate and sub ject to such
conditions and restrictions as may be prescribed :
Provided that such house rent allowance shall be admi ssible to
members residing at Jaipur in the accommodation owned or hired by
them with effect from the date of commencement of th e Rajasthan
Legislative Assembly (Officers and Members Emoluments and Pension)
(Amendment) Act, 1987 or from the date of occupation of such
accommodation, whichever is later; and
(a) allotment of Government residential accommodation on
rent at Jaipur for such period as may be prescribed.
(b) supply of furniture, electricity and water, during the period
of allotment of Government residential
accommodation under clause (ii-a) in accordance with the
provisions of this section.
@ Sub by Raj. Act No. 23 of 2019 vide Notification F2 (39) Vidhi/2/2019
dated August 21, 2019
(21)
@"(iii) reimbursement of expenditure on furniture to the extent
of eighty thousand rupees to a member residing at Ja ipur in
the Government accommodation or in the accommodation
owned or hired by him with effect form 1st April, 2019 or
from the date of occupation of such accommodation, which-
ever is later, in such manner and subject to such cond itions
as may be prescribed by rules made in this behalf."
(3) Every Member shall immediately after the expiration of the
period referred to in clause (ii-a) of the Explanation below
sub-section (1) vacate the Government residential
accommodation allotted to him, failing which,
notwithstanding anything contained in the Rajasthan Public
Premises (Eviction of Unauthorised Occupants) Act, 19 64
(Rajasthan Act No. 2 of 1965) or any other law for the time
being in force, an officer authorised by the State
Government in this behalf may take possession of suc h
residential accommodation together with the furniture
referred to in clause (iii) of the explanation aforesai d and
may for the purpose use such force as may be necessa ry in
the circumstances.
Explanation.— For the purpose of this sub-section, ‘Member’
includes a person who has ceased to be a Member or an officer referred
to in sub-section (1) of section 6 A as a ‘said officer’.
@ Sub by Raj Act No. 23 of 2019 vide Notification F 2(39)vidhi/2/2019 dated August
21, 2019
(22)
9A. Amenities to Chairmen of Committees.- Every Chairman of a
Committee of the Legislative Assembly shall be enti tled to a free
telephone and such other postal facilities as may be prescribed.
Explanation.— For the purpose of this section, “Committee of the
Legislative Assembly” means any Committee which is appointed,
elected or nominated by or under the Rules of Procedure and Conduct of
Business in the Rajasthan Legislative Assembly.
10. Officers not to practise profession etc.— An officer for the
time being of the Legislative Assembly shall not during the tenure of his
office, practise any profession or engage in any trad e or undertake for
remuneration any employment other than his duties as such officer.
11. Rules.— (1) The State Government shall, by notification in the
Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the fore-
going power, such rules shall—
(a) prescribe the conditions and restrictions subject to which
daily allowance may be drawn;
(b) prescribe the conditions under which the rates at w hich and
the journeys for which travelling allowances may be
claimed;
(c) specify the classes of journeys which shall be d eemed to
have been undertaken by an officer of the Legislative
Assembly in the discharge of his duties;
(d) prescribe the conditions under which and the rate a t which
hospital and free medical attendance and treatment to be
afforded to any officer in the discharge of his offici al
duties;
(e) prescribe the medical, housing* facilities mentio ned in
section 9;
(f) specify the circumstances in which and the exten t to which
the salary of a member may be deducted;
* Deleted w.e.f. F2 (25) vidhi-2/2006 dated April 24, 2006
(23)
(ff) prescribe the rules for drawing pension and the form in
which certificates, if any, shall be furnished by an y person
for the purpose of claiming any pension under this Act; and
(g) lay down such other matters as may be or are requ ired to be
prescribed by this Act.
(3) Any rule under this Act may be made so as to have retrospective
effect from such date, not earlier than the date of co mmencement of this
Act, as the State Government may, by notification in the Official
Gazette, appoint.
12. Savings.- Nothing in this Act or in the rule made thereunder
shall prevent any Officer or Member of the Legislative Assembly or any
Minister from receiving or being entitled to receive i n addition to the
salaries and allowances to which he is entitled in a ccordance with law,
any pension, allowance or salary lawfully permissible to him as a
retired Government servant or otherwise.
12A. Option to draw allowances at lesser rates.- Notwithstanding
anything contained in this Act, a member who does no t wish to draw
allowances at the rates admissible to him under this Act, as amended
from time to time, may draw such allowances at such ra tes as in force
on such day as he may elect by notice in writing add ressed to the
Speaker.
13. Repeal and Savings.- (1) The Rajasthan Legislative Assembly
(Officers and Members Emoluments) Ordinance, 1956 (Raj asthan
Ordinance No. IX of 1956) is hereby repealed.
(2) The said repeal shall not affect the rules made under the
Rajasthan Legislative Assembly (Officers and Members Emoluments)
Act, 1952 (Rajasthan Act XV of 1952), in force in th e
pre-reorganisation State of Rajasthan and such rules a s in force
immediately before the appointed day shall continue to be in force and
shall be deemed, until new rules are made under this Act, to have been
made thereunder.
(24)
14. Regulation of certain payments on account of th e
concessions.- Notwithstanding anything contained in the Rajasthan
Legislative Assembly (Officers and Members Emoluments ) Act, 1952
(Rajasthan Act XV of 1952) of the pre-reorganisation S tate of
Rajasthan, all sums of money paid or payable for and on behalf of an
Officer of the Legislative Assembly whose salary and allowances were
governed by the said Act on account of the consumpti on of electricity
and water at his residence shall, subject to the limi ts specified in section
6A, be deemed to have been properly and lawfully paid or payable and
no demand shall be made on any such Officer for the refund of the
whole or any portion of such payment.