The SIKKIM MINISTER,SPEAKER,DEPUTY SPEAKER AND MEMBER OF LEGISTLATIVE ASSEMBLY (SALARIES AND ALLOWANCES) ACT,1977
Sikkim · state statute
Open in Lexace · Ask the AI about this acti(SlKKIM, MH~IStERS, SPEAKER, 'DEPUTY SPEAKER AND
,, MEMBERS OF THpLEGISLATIVE ASSEMBLY
(S".\LARIES 'AND 'A:LLqWANCE~) ACT, 1977]
.:ACT NO.4 of 1977
,AN,
,ACT
t~"provide for the salaries and allowances of the Ministers, the Speaker, the Deputy
Sp~~k'erand Members of the Legislative Assembly of the State of Sikkirn.. ,;'
( 'j [28th March, 1977],., .
Be it enacted by the Leg~slature, of Sikkirn in.the Twenty-eighth Year of the
Republic of India as follows.=-
1.1
L (I)' This Act may .be called the '1[Sikkim MinistersjSpea-
ker, Deputy Speaker and Members of the .Legislative
Assembly (Salaries and, Allowances) Act,] 1977.
Short title and
Commencement.
(2) The provisions of" thisA:ct shall' come into force at
once except the provisions of . section, 3 which shall
come and shall. always be deemed to have come
, into force with effect from the" Ist day of April, 1976.,I' , .
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2: " 'In thisAct,l:lnless there is, anything repugnant in the
':. ' subject or rcontextv-- .
'" (a)'As~en1bly' means the Legislative Assembly of the
State of Sikkim.
'(b) 'Chief Minister .•.•"Minister', 'Minister of State',an~
'Deputy Minister' shall mean' respectively the Chief
Minister, ·a Minister, a Minister of State or a Deputy
Minister of the State. of Sikkim.
"(c) 'Committee' means a Committee of the Assembly and
includes a' Committee rappointed -by the State Govern-
ment:
Definitions,
(d) 'Deputy Speaker'<means Deputy Speaker of the Assernbly.
(el.'family'inrelation to' person meansfhe wife or the
'husband, as the case may be, and minor 'children of
such person, and also the parents and adult children
of such person and, adult children Who are wholly
dependent on such person.
(f) 'furnished' means provided with furniture and fittings
on ~u~h' scale' a~d "within such limits' as may be
" ,
prescribed;
1. Subs, by see ,2(a) of the S, S, & A, (Arnd.) Act, No.6 of 1980 (w , e. r.25.10.1979),
(g) 'maintenance' in relation to a residence shall include
repairs, structural addition and alternations and provi-
sion. of connections for water and electricity and
payment of municipal rates and-taxes and other charges
in respect of the residence.
(h) 'member' means a member of thc Assembly other than
the Chief Minister, a Minister of State, a Deputy Minister,
the Speaker and the Deputy Speaker and shall include
a member acting .as Speaker "in the abs~nceof the
Speaker and the Deputy Speaker,
(i) 'month' shall mean a month reckoned according to
the English Calender.
(j) 'prescribed' mean prescribed by rules made under this Act.
(k) 'rent' includes charges for electricity arid water.
(I) 'residence' includes the garage, garden, lawn, quarters for
. the staff. servants. securi ty personnel or guards and guest
house within the compound of the residence.
(rn) 'session' means the whole period from the time when
the Assembly meets to the time when it is prorogued.
(n) 'Speaker'means the Speaker 'of the Assembly and
shall include a member' of the Assembly appointed by
the Governor to perform the, duties of the Speaker
when. the posts of the Speaker and. the Deputy Spe-
aker are vacant.
Salaries and 3. (I) There shall be paid to the Chief: Minister, the Minister
allowances. the Minister of State, the Deputy Minister, the Speaker
and the Deputy Speaker such monthy salaries as
specified in the Schedule.
(2) There. shall be paid to the Chief Minister, the Minister
2[the Speaker and the Deputy Speaker] such monthly
sumptuary allowances as specified in the Schedule.
(3) There sha 11 be paid to every, member of the Assembly
a salary at the rate of eight hundred rupees per month
.and also a consolidated allowance at the rate of 3(threeJ
hundred rupees per month for his travelling andother
expenses Tncluding the expenses necessary forattending
the meetings of Assembly oil>I< >I< *].
-----.-._ •.•._---2. Subs- by sec. 2 (b) of the R.S. & A. (Amd.) Act. No.6 of 1980 (w, e. f. 25. 10.1979).
il. Subs. by sec. 2 (a) of the S.M. S. D. S. & M of L. A. (S. & A.) (Arnd.) Act, No. 10 of
1980 [w. e. f. 1. 8. 1980).
4. Deleted by sec. 2 (T) of the Sikk i:n Salaries and Allowances (Amd.) Act. No. 10 of 1978
(w. c. f. 1. 4. 1,976).
',.4. f:O}: TheChiefMlniste~,theMiriister, the Minister ofState , the
yr 'I " Deputy' Minister, the Speaker and the Deputy Speaker
1.:" 'shall be entitled withourvpayrnent rof rent to use of
i, '" a<furnished residence in Gangtck throughout the term
of his office and for a month after he ceases to bold
such,.offic.e.,
:),)~),,:Where.any of the persons mentioned in sub-section
'. " ,(.1), is not provi~e,dwith any residence under sub-section
~,I:\ ,.:(1),. he shall be paid an,allowance at the rate of four
.: hundred rupees per month so long as he is not provided
.' :with'such residence. '.','.' ,.' (." . " ~
, "", ,(3), Al~"expenditure for, maintenance and furnishing any
",,'r~siden,ce provjded,~pder sub-section (1) .shall be borne
by the Goverriment..
(4) Every member shall be entitled to such residential
\ accornodation as' may be prescribed 'at the place of the
sitting of the Assembly during the session or a meeting
Of a Committee."
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The Chief Minister, the Minister, the Minister of State,
the Deputy Speaker' shall,be provided with free Vehicle
and' driver and all' expenses for the salariesano allowa-
nces of the driver, of fuel, upto :SL1Chlimit as may
'be prescribed, expenditure of maintenance and repairs of
the vehicles shall be borne by the Go"ernment.
(2) Where any of the persons mentioned in sub-section (I)
is .not provided with the' facilities ·of conveyance as
specified therein, he shall be paid a conveyance allow-
ance .at the rate of four hundred -rupees per month
and, shall in addition be provided with a driver under
the employment: .of the :Government.'
(3) Bvery member shall be provided with a free non-trans ..
. ferable 'first class pass'f~r travelUngby railway from
and to any place in India for a distance of'not exce e-
ing 5[eight],thousand kilometers in the aggregate in any
financial year and also afree non-transferable pass for
travelling within the State ,Of Sikkim by any transport
service vehicle owned, controlled "or managed by the
Government.
5. (1)
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6. The Chief Minister? the Minister. the Minister of State,
the Deputy Minister, ,the Speaker, the Deputy Speaker
Conveyance.
Medical [acllitics,
and the members along with their family shall be
entitled to free medical attendance. and -treatment in
any of the Government hospitals of the State and
also such other medical facilities as may be
prescribed.
Travelling Allowance. 7. (1) The Chief Minister, the Minister, the Minister of State.
the Deputy Minister, the Speaker, the Deputy 'Speaker
and the members shall be entitled to travelling allow-
ance while on tour on public business at such rates
and subject to such conditions as may be prescribed.
n[(2) The members shall be entitled to such travelling allow-
ances and facilities at such rares and subject to such
conditions as may be prescribed, for attending the
meeting of a Comrnittee.]
Power to make
rules.
8. The State Government may make rules for carrying
out the purposes of this Act and, in particular for
any of the matters required to be prescribed under any of
the foregoing provisions of this Act.
Repeal and
savings.
9, (1) All laws including rules, regulations, orders, notifications,
circulars or other provisions -in vrespect of any matter
governed by this Act, .made:or issued prior to the
commencement of this Act, shall cease and shall always
be deemed to', have ceased to have any force or effect
on and from such commencement.
(2) Notwithstanding anything contained 'in sub-section (1),
all claims under any of the provisions mentioned in
sub-section, (1) relating to the period prior to the
commencement of this Act, and remaining unpaid or
unadjusted on the date .of the commencement of this
Act shall be paid or adjusted, as the .case may be
under the said provisions as if this Act bad not come
i~to force.
(3) Any order issued, claims paid, payments made or any
other action taken before the commencement of this
Act in respect of salaries and allowances including
advance payment thereof and all other matters governed
by this Act shall be deemed to have been validly
issued, paid, made or taken duly and properly and
under proper legal authority ....·_ •.•..•..·.....,_.•.:..._~¥ ..~ov_~. .
6, Ins. by see, 2 (2) of the S, M. S, D.S. & M; oft. A. (S. & A,) (Arnd.) ACt, No. 10 of
1978 (w. e. f. 28,3.1977).
SCHEDULE
(section 3 (1) and section 3 (21)
Designation Salary Sumptuary Allowance
1. Chief Minister Rs. 2,250/. Rs. 450/·
2. Speaker Rs. 2,000/- Rs, 300/-
3. Minister Rs. 1,750/- Rs. 225/-
~. Deputy Speaker 7[Rs. 1,750/- Rs. 225/-]
5. Minister of State Rs. 1,600/- Nil
6. .Deputy Minister Rs. 1,200/- Nil
7. Subs. by sec. 2 (c) of the S. S. & A. (Arnd.) Act, No.6 of 1980 (w, e. f. 25.10.1979).
SIKKIM
EXTRAORDINAR Y
PUBU<:HED BY AUTHORiTY
No. 77 Csngtok, Friday, September 19, 1980
LAW AND LEGISLATIVE DEPARTMENT
NOTIFICA nON
No. 9/LL/80,
Dated Gangtok, the 18th September, 1980.
The following Act of the Sikkim Legislative Assembly having received the assent of
the Governor on the 16th day of September. 1980, is hereby published for general information.
SIKKIM ACT NO. 10 OF 1980.
THE STKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER
AND MEMBERS OF THE LEGISLATIVE ASSEMBLY
(SALARIES AND ALLOWANCES) AMENDMENT ACT, 1980.
AN
ACT
further to amend the Sikkim Ministers, Speaker, Deputy-Speaker and Mem-
bers of th ~Legislr. .ive Assembly (Salaries and Allowances) Act, 1977 (4 of
1977).
Be l!:enacted by the Legislature of Sikkim in the Thirty-first year of
the Republic of India as follows+-
1. (1) This Act may be called the Sikkim Ministers, Speaker, Deputy- Short title and
Speaker and Members of the Legislative Assembly (Salaries and commeucement,
Allowances) Amendment Act, 1980.
(2) It shall be deemed to have come into force on the 1st day of August,
1980.
2. In the Sikkim Ministers, Spe;r:~er, Deputy-Speaker and Membersof Amendment of
the Legislative Assembly (Salaries and Allowances) Act, 1977- section 3 and 5.
(a) in sub-section (3) of section 3 for the words "two hundred rupees"
the words "three hundred rupees" shall be substituted.
(b) in sub-section (3) of section 5 for the words "five thousand kilo-
metres" the words "eight thousand kilometres" shall be substituted.
By Order of the Governor,
B. R. PRADHAN~
Secretary to the Government of Sikkim,
Law and Legislative Department,
F. No. 16(ll)LL/77.
1'P'!",1'£1) AT THE S!KK!M GOVERNMENT FRESS
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EXTRAORDINARY c
PUBLISHEDBY AUTHORITY
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No. 106 Gangtok Monday, September 15, 1986.
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GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NOTIFICATION
No. 1q/LD/86 Dated the 8th September, 1986.
The following Act of the Sikkim Legislative Assembly having receivedthe assent of
the Governor on the 6th day of September, 1986 is hereby published for general information:-
THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND
MEMBERS OF THE LEG]SLATIVE ASSEMBLY (SALARIES AND
ALLOWANCES) AMENDMENT ACT, 1986.
(ACT NO. 10 OF 1986)
AN
ACT
" ,further to amend the. Sikkim Ministers" Speaker-Deputy Sl?~ake(
and Members of the Legislative Assembly. (Salaries and Allowances) Act, "
1977.
Be it enacted by the Legislative Assembly of Sikkim in the Thirty-
seventh Year of the Republic' of India as follows:-
1. (1) This Act may be called the Sikkim Ministers, Speaker; Deputy
Speaker and Members of the Legislative Assembly (Salaries and Allow-
ances) Amendment Act, 1986.
(2) It shall come into force on the 1st day of September, 1986.
2. In the Sikkim Ministers,Speaker, Deputy Speaker and Members of the Amendment of
Legislative Assembly (Salaries and Allowances) Act, 1977 (hereinafter section 3.
referred to as the 'said Act'), in section 3, in sub-section (3),-
(a) For the words "eight hundred rupees per month" the words "one
thousand rupees per month", and
(b) For the words "three hundred rupees per month" the words "five
hundred rupees per month",
shall be substituted.
Short title and
commencement;
2
3. In the saidL~ct<, far the existing Schedule, tbe following Schedule shall
be substituted, namely:-
St No.
1.
2.
3.
4.
5.
6.
"SCHEDULE
sub-sentions-el) and (2) of section 3
Designatiom
ChiefMii1iS1ei"
Speaker
Minister
.Deputy Speaker
Minister of State:
Deputy Minister
Salary
Rs. 3,800/-
Rs,3,500/-
Rs. 3,000/-
Rs. 3,000/-
Rs. 2,500/-
Rs. 2,200/~
Sumptuary Antiwart~e
Rs.700/-
Rs. 500/-
Rs. 500/-
Rs. 500/-
Rs.300/-
Rs. 250/-"
B. R. PRADHAN,
Secretary to the Govt. of Sikkim,
Law Department.
(F. No. 16(l1)/LD/f917j86: )
PRINT£D' A'I·,THB: SJKIQM~ G.oVERNMENfi P>RBSS';.GANGTGK._
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•• SIKKIM
EXTRAORDINARY
PUBLISHED BY AlITHORffY
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Ganatok Thursday, March 15, 1990 No: 33
SIKKIM LlGISLATIVI:: ASSEMBLY SECRETARIAT
GANGTOl(
NOTIFICATION
Dated Gangtok, the T 5th March, T 990.
In pursuance of Rule 75 of the Rules orProcedure and Conduct of Business in the Sikkirn Legisl .•-
:~vc Assembly, the Speaker has been pleased to order the pre-publication of the following Bill :-
THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER" AND MEMBERS Of THE LEGISLATIVg::
ASSEMBLY (SALARIES AND ALLOWANCES) AMENDMENT BILL, 1990
(131LLNO. I OF 1990 )
A
BILL
further to .1111l:ndthe Sikkim Ministers , Speaker, Deputy Speaker and
Members of the Legislative Acceillbly (Salarics and Allowances) Act, 1977.
Be it enacted hy the Legisktive As~;cl11bl)'of Sikkim in the Forty-First
YeM of the Repuhlic of India as lollo ws :-
Short title and I ,
comlJJencement
(1) This Act Imy be caller] t:he Sikkim Ministers, Speaker, Deputy
Speaker and Members of' the Legislative Assembly (Salaries
and Allowallces) Amendment Bill, J 990.
(2) lt shall he: dCCI1led to have corne into force with eflect from
the 1St (1.1)' of" December. 1989.
A~JelJdment c:Isection 4.
2. In thc S'il<kil11Ministcrs , Speakel, Deputy Speaker and Members
of the Legislative Assembly (Salaries anc] Allowances) Act, 1977, in sub-
section (2) of section 4, ["r the wends "four hundred rupees" the words
'<three thousand nl[)ccs" shal] be substituted.
2
STATEMENT OF OBJECTS AND REASONS
The existing salarie§ and allowances of the Council of Ministers, Speaker and Deputy Speaker
were fixed 3S far back <1Sin J 977. The Ministers who were not provided with official residences were provided
with all. allowance of RS.400/- per month only uncle:' the Act. This amount was meagre even by the then
standards and especially so since it ".150 included charges for electricity and water. Purthermore , over the
last thirteen years no initi: •.tive has been taken to consider refixatio n of the s~.id allowance. The rise in inlla-
tion , unprecedented upsurge in prices ".11around makes it absolutely necess(l.ry for the allowance to l.e refixed
at it fair ".ncl reasonable amount.
Tn the 1'".5t, clue to the vmall size 01'the Ministry oflicial residences have been provided to all Minis-
ters. Now, however, the increased size of the Ministry coupled with the already existing acute short'age in
accommodation in the Capital, Gangtok, a situation has arisen where 111".n),of the Ministers have not been
provided with residential aceommodation by thc Government and are staying in privately owned quarters.
Under these circumstances , it has now been Found necess",ry to give ~;[",ir and just compensation
to those Ministers not provided with cfficial residence by refiXing the allowancc at RS.3,000/- pel' month.
With this object in view, the Bill hi'Sbeen framed.
N.B. BHANDARI
C!-IIEF MINISTER
RECOMMENDATION OF THE GOVERNOR LINDER ARTICLE 207 (I) OF
THE CONSTITUTION OF INOlA.
The Governor llaving been informed of tl-.e subject matter of the Bill has been pleased to recom-
mend the introduction and consideration of the said Bill by the Sikkim Legisblive Assembly.
FlNANCIAL MEMORANDUM
The proposal will involve additional expenditure to the extent of Rs. 62 ,4.00/- for the period
from December 1989 to March 1990 and from the financial year 1990-9 J onwards the anticipated recurring
: expenditure will be to the tune of RS.I ,08,000/- per mensum [1'OIllthe Consolidated Fund of Sikkim.
MEMORANDUM REGARDlNG DELEGATED LFGISLATION
NlL
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PRTNTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK.
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GO V ERN MEN T"I.! GAZETTE
~/EXTRAORDINARY#~
PUBLISHEDBYAUTHORITY, (.'rIIJ ,iI, ' 'Jdl 'i()I'jiJ'l{J'~(i
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Gangtok, Tuesday, September 17, 1991 No. 144
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GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
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Dated Gangtok, the 17th September, 1991.
( !"," • : ' ,I "I i J ,i i NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of
the Governor on 17thday of September, 1991, is hereby published for general information.-
THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND
MEMBERS OF THE LEGISLATIVE ASSEMBLY (SALARIES AND
ALLOWANCES) AMENDMENT, ACT, 1991.
(ACT NO. 5 OF 1991)
AN
ACT
further to amend the Sikkim Ministers. Speaker. Deputy Speaker and
Mem bers of the Legislative Assembly (Salaries and Allowances) Act. 1977.
Be it enacted by the Legislative Assembly of Sikkim in the Forty-second
Year of the Republic of India as follows:-
Short title 1.
and commence-
ment.
Amendment of 2.section 3.
Insertion of 3.
/Jewsection
7A.
"Telephone 7A.
facilities.
(1) This Act may be called the Sikkim Ministers, Speaker, Deputy
Speaker and Members of the Legislative Assembly (Salaries and
Allowances) Amendment Act, 1991.
'(2) It shall be deemed to have come into force with effect from the lst
day of July, 1991.
In the Sikkim Ministers, Speaker. Deputy Speaker and Members of the
Legislative Assembly (S~laries and Allowances) A.Sl)_l~77"tg~!:~iDaJter
referred to as thetprincipalAct), iq;~ec,tiqI?,~,'l'for sub-section (3). the
following sub-section shall be substItuted. namely:-
"(3) There shall be paid to every member of the Assembly-
(a) a salary at the rate of one thousand rupees per month;
(b) a consolidated allowance at the rate of fivehundred rupees per
month for his travelling and other expenses necessary for at-
tending the meetings of the Assembly; and
(c) a constituency allowance of one thousand rupees per month."
In the principal Act, after section 7, the following new section shall be
inserted, namely:-
(I) Every Member shall be provided with a telephone at his residence
if located within and around Gangtok for the term of his office and
all expenses for initial deposit, installation, rental and official trunk
call ch~rges an~ local charges upto such limit as may be specified
from time to time by the Government shall be borne by the
Government.
2." :,
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(2) Tnthe case of a Member already having a telephone at his residence,
if located within and around Gangtok the rental and official trunk
call charges and local charges upto such limit as may be specified
from time to time by the 'Government shall be borne by the Govern-
ment for the term of his office".
• J 't. ' < .~.
By Order of the Governor,
B.R. Pradhan,
Secretary to the Government of Sikkim,
Law Department.
(F.No. 16(11)/LDJI977J91)
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THE SUBSEQUENT AMENDMENTS TO THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY (SALARIES AND
ALLOWANCES) ACT, 1977 (ACT NO. 4 OF 1977) AMENDED AND UPDATED UPTO SEPTEMBER, 1991
Lex