LexThe UTTAR PRADESH STATE LEGISLATURE (MEMBERS' EMOLUMENTS AND PENSION ) ACT 1980
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act THE UTTAR PRADESH STATE LEGISLATURE (MEMBER'S
EMOLUMENTS AND PENSION) ACT, 19801
[U. P. ACTNo. 23 of 1980]
Amended by
U. P. Act No. 10 of 1981
U. P. Act No. 13 of 1984
U. P. Act No. 21 of 1984
U. P. Act No. 28 of 1985
U. P. Act No. 13 of 1986
U. P. Act No. 22 of 1986
U. P. Act No. 21 of 1987
U. P. Act No. 17 of 1988
U. P. Act No. 15 of 1989
U. P. Act No. 05 of 1990
U. P. Act No. 15 of 1991
U. P. Act No. 13 of 1992
U. P. Act No. 16 of 1994
U. P. Act No. 04 of 1997
U. P. Act No. 08 of 1997
U. P. Act No. 27 of 1998
U. P. Act No. 30 of 1998
U.P. Act No. 25 of 2004
U.P. Act No. 27 of 2004
U. P. Act No. 10 of 2004
U.P. Act No. 21 of 2005
U. P. Act No. 07 of 2006
U. P. Act No. 37 of 2007
U. P. Act No. 39 of 2007
U. P. Act No. 11 of 2008
U.P. Act No. 09 of 2010
U. P. Act No. 04 of 2013
U. P. Act No. 03 of 2015
U. P. Act No. 21 of 2016
U.P. Act No. 14 of 2020
U.P. Act No. 02 of 2023
U.P. Act No. 13 of 2025
[As passed by the Uttar Pradesh Legislature, received the
assent of the Governor on October 25, 1980, under Article 200 of
the Constitution of India and was published in the Uttar Pradesh
Gazette Extraordinary, dated October 25, 1980.]
1. For Statement of Objects and Reasons please see at the end of this Act.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
AN
ACT
to consolidate and amend the law relating to payment of
salaries, allowances, and other facilities to the members of the
State Legislature.
IT IS HEREBYenacted in the Thirty-First Year of the
Republic of India as follows:
CHAPTER I
Preliminary
Short title and
commencement 1. (1) This Act may be called the Uttar Pradesh State
Legislature (Members' Emoluments and Pension) Act, 1980.
(2) It shall come into force on such date as the State
Government may, by notification, appoint in this behalf.
Definition 2. In this Act,-
(a) 'Assembly' means the Uttar Pradesh Legislative Assembly;
(b) 'Chairman' means the Chairman of the Council;
(c) 'Council' means the Uttar Pradesh Legislative Council:
(d) 'Deputy Chairman' means the Deputy Chairman of the
Council;
(e) 'Deputy Speaker' means the Deputy Speaker of the
Assembly;
(f) 'duration of membership', in relation to a member means
the period-
(i) beginning with the date of publication, in the official
Gazette, of the notification of his election or nomination, as
the case may be, or the date he makes or subscribes the oath
or affirmation in accordance with Article 188 of the
Constitution of India, whichever is earlier; and
(ii) ending with the date when he ceases to be such a
member due to death, resignation or otherwise;
(g) 'incidental charge' means—
(i) in the case of a journey performed by rail, an amount
equal to the railway fare for such journey in 1[air-conditioned
two–tier] for one person;
(ii) in any other case, the amount payable as such at the
rate to be prescribed;
(h) 'Leader of Opposition' means the member of the Assembly
or the Council who is, for the time being, recognised as such by the
Speaker or the Chairman, as the case may be ;
1. Subs. by sec. 2 of U.P. Act No. 25 of 2000.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
(i) 'member'means a member of the Assembly or the Council,
who does not hold the office of a Minister, Speaker, Deputy Speaker,
Chairman, Deputy Chairman or Parliamentary Secretary;
1[(ii) member of family in relation to a member of Assembly or
Council, whether or not he holds any office referred to in clause (i),
means his or her spouse, son, daughter, father, mother, brother or
sister, residing with and wholly dependent on such member]
(j) 'Minister' includes the Chief Minister, a Minister for State or
a Deputy Minister;
(k) 'place of residence' in relation to a member means the place
of which the member is, according to the entry in the electoral roll of
an Assembly Constituency, ordinarily resident, and in case the
member changes such place, the place within Uttar Pradesh notified as
such on request of the member, by the Secretary ;
Provided that no such notification shall be issued before the
expiry of the period of six months after the election or after the issue of
the earlier notification issued under this clause, as the case may be ;
(l) 'Railway coupons' means free non-transferable rail travel
money value coupons issued under the authority of the Railway Board
for the purposes of this Act;
(m) 2[Principal Secretary], in relation to members of the
Assembly, means the 2[Principal Secretary] of the Assembly, and in
relation to the members of the Council, means the Secretary of the
Council;
(n) 'Speaker' means the Speaker of the Uttar Pradesh Legislative
Assembly;
(o) 'year' means the period of twelve months commencing on the
first day of June, and ending on the thirty-first day of May next
following.
CHAPTER II
Salary and Constituency Allowance
Salary 3. (1) Every member, other than the Leader of Opposition of the
Assembly, shall be entitled to receive, for the duration of his
membership, a salary of 3[thirty five thousand rupees] per month.
4[Provided that the aforesaid member shall be entitled to only
seventy per cent of the above mentioned salary from the month of
April, 2020 to March, 2021.]
(2) The payment of salary referred to in sub-section (1) shall be
subject to the following conditions, namely:-
(a) the salary shall be liable to such deductions on the ground
of absence or other cause as may be prescribed;
1. Ins. by sec. 2 of U.P. Act No. 13 of 1986.
2. Subs. by sec. 2 of U.P. Act No. 21 of 2005.
3. Subs. by sec. 2(a) of U.P. Act No. 13 of 2025.
4. Ins. by sec. 2 of U.P. Act No. 14 of 2020.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
(b) no salary shall be payable to a member for the period
during which he is unable to sit in the Assembly or Council, as the
case may be, as a result of any decision of any court or tribunal;
(c) no salary shall be payable to a member of the Assembly for
the period preceding the date of constitution of the Assembly;
(d) no salary shall be payable to a member of the Council for
the period preceding the date of vacancy as a result of which such
member is elected or nominated.
1[(3) The salary of members shall be increased after every five
years commencing from 1 st April, 2025 on the basis of Cost Inflation
Index provided under clause ( v) of Explanation to Section 48 of the
Income-tax Act, 1961 (Act No. 43 of 1961).]
Constituency
allowance
4. Every Member of the Assembly or Council, whether or not he
holds any of the offices referred to in clause (i) of section 2, shall be
entitled to receive, for the duration of his membership a constituency
allowance of 2[seventy five thousand rupees] per month.
3[Provided that the aforesaid member shall be entitled to only
seventy per cent of the above mentioned salary from the month of
April, 2020 to March, 2021.]
CHAPTER III
Travel facilities
Railway
coupons
4[5. (1) Subject to the provisions of this Act, every member of
the Assembly or the Council, whether or not he holds any office
referred to in clause (i) of section 2, shall be provided, in the manner
prescribed, with railway coupons of such value, not exceeding 5 [five
lakh rupees] per annum from June 01, 2015 as may be used by such
member for himself and for the 6 [members of his family or his
companion] for travel by any railway in any class at any time within or
outside Uttar Pradesh in accordance with such principles as may be
prescribed.]
7 [(2) subject to the other provisions of this Act, every ex-
member shall be provided, in the manner prescribed, with railway
coupons of such value not exceeding 8[One lakh fifty thousand rupees]
per annum as may be used by such ex-member for himself and 9 [for
the members of his family or one companion] and the provisions of
sub-section (1) shall mutatis mutandis apply to the railway coupons
supplied under this sub-section.]
Explanation—The value of railway coupons for journeys by the
railways referred to in this section shall from time to time be
determined by the State Government in consultation with the Railway
Board.]
1. Ins. by sec. 2(b) of U.P. Act No. 13 of 2025.
2. Subs. by sec. 3 of U.P. Act No. 13 of 2025.
3. Ins. by sec. 3 of U.P. Act No. 14 of 2020.
4. Subs. by sec. 4(a) of U. P. Act No. 3 of 2015.
5. Subs. by sec. 4(a) of U.P. Act No. 13 of 2025.
6. Subs. by sec. 4(a) (2) of U. P. Act No. 21 of 2016.
7. Subs. by sec. 4(2) of U. P. Act No. 30 of 1998.
8. Subs. by sec. 4(b)(i) of U.P. Act No. 13 of 2025.
9. Subs. by sec. 2 of U. P. Act No. 37 of 2007.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
1 [Provided that out of the railway coupons to be supplied
under this section to a member, he shall at his option,
(a) be supplied, 2[coupons of equal value or reimburse the fare]
for travel by air at any time within or outside Uttar Pradesh; and
(b) be paid an amount in cash not exceeding 3[the amount
opted by him] per month ; for petrol or diesel for his own vehicle;
Instead of such value of railway coupon as he may desire,
in such manner as may be prescribed.]
4 [Provided further that whenever there is an increase in the
railway fare of 5[Air-conditioned 2-tier], the State Government may by a
notified order make a proportional increase in the value of railway
coupons.]
6 [Provided also that out of the railway coupons to be supplied
under sub-section (2) to an ex- member, he shall at his option be
supplied coupons of equal value for travel by air at any time.]
7 [Provided also that an ex- member shall be paid out of the
railway coupons to be supplied to him an amount in cash not
exceeding 8[one lakh rupees] thousand annually for petrol or diesel for
his own vehicle.]
6. 9[ X X X X X ]
Journey with
companion
7. The railway coupons referred to in section 5 may also be
used by a member for taking along with himself in journeys by rail
10[xxx] in first Class one companion in the following cases, namely:-
(a) not more than twice during each session of the Assembly or
the Council, as the case may be, for coming to Lucknow from the
railway station nearest to the place of his residence, and going back
from Lucknow to such railway station;
(b) in the case of a woman member, for such journey as is
performed by her for her attendance required in connection with her
duties and functions as such member, and for returning, after such
attendance, to the place of her residence.
8. 11[ X X X X X ]
Journey by
Ministers,
Speaker, etc.
12 [9. The railway coupons referred to in section 5, may, in the
manner prescribed, be used by every member who holds any office
mentioned in clause (i) of section 2, for himself and members of his
1. Ins. by sec. 2 of U. P. Act No. 27 of 2000.
2. Subs. by sec 4(c)(1) of U.P. Act No. 03 of 2015.
3. Subs. by sec. 4(b)(ii) of U.P. Act No. 13 of 2025.
4. Ins. by sec 3(b) of U. P. Act No. 04 of 1997.
5. Subs. by sec. 3 of U. P. Act No. 25 of 2000.
6. Ins. by sec. 2(b) of U. P. Act No. 07 of 2006.
7. Ins. by sec. 4(b)(2) of U. P. Act No. 21 of 2016.
8. Subs. by sec. 4© of U.P. Act No. 13 of 2025.
9. Omit. by sec. 5 of U. P. Act No. 13 of 1986.
10. Omit. by sec. 6 of U. P. Act No. 13 of 1986.
11. Omit. by sec. 7 of U. P. Act No. 13 of 1986.
12. Subs. by sec. 8 of U. P. Act No. 13 of 1986.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
family for travel in any railway in any class at any time within or
outside Uttar Pradesh for purposes otherwise than in discharge of
official duties.]
Validity of
railway
coupons
1[10. The railway coupons issued to a member or ex-member
under this Chapter shall be valid for such period and every unused
coupon shall be surrendered to the Secretary in such manner as may
be prescribed and an amount equivalent to the value of such
surrendered railway coupons shall be paid in cash to such member or
ex-member.]
11. 2[ X X X X X ]
12. 3[ X X X X X ]
Journey by
Bus
4[13. (1) Every member, when he travels within Uttar Pradesh
by the Uttar Pradesh State Road Transport Corporation Bus including
Air-conditioned or Deluxe Bus and submits ticket thereof the amount
of such ticket shall be paid to him by the Principal Secretary.
(2) The facility referred to in sub-section (1) may also be availed
by a Member for taking one companion withim him in the bus.
(3) Every person who is entitled to a pension under Chapter VIII
shall also be entitled, in the manner prescribed with a free non-
transferrable pass to travel at any time within Uttar Pradesh by the
Uttar Pradesh State Road Transport Corporation Bus without payment
of the passenger tax due under any law for the time being in force.
(4) The Pass referred to in sub-section (3) may also be used by
such person for taking one companion alongwith him in the bus :
Provided that if a person referred to in sub-section (3) travels in
an Air-conditioned Bus or a Deluxe Bus he shall have to bear himself
the excess amount of fare difference.]
CHAPTER IV
Incidental Charges and Daily Allowance
Incidental
charges 14.Incidental charges shall be payable to every member at
such rates subject to such conditions and restrictions as may be
prescribed, for his attendance in connection with his duties or
functions as such member in the following cases, namely—
(a) for journeys for attendance in each session of the Assembly
the Council, as the case may be, or at any sitting of any Committee
thereof, only for coming to the place of sitting and going back to the
place of his residence, not more than twice in one Calendar month.
Provided that if a member attends the sitting of two or more
Committees in the same calendar month, the incidental charges shall
in no case be payable under this clause for more than four times in
such month;
1. Subs. by sec. 5 of U.P. Act No. 13 of 2025.
2. Omit. by sec. 11 of U. P. Act No. 13 of 1986.
3. Omit. by sec. 12 of U. P. Act No. 13 of 1986.
4. Subs. by sec. 5 of U. P. Act No. 21 of 2005.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
(b) for journeys for attendance in any meeting called by the
Speaker or the Chairman, as the case may be, for coming to the place
of the meeting and for going back to the place of his residence;
(c) for journeys performed by him as Chairman of any
Committee, in connection with the work of such Committee other than
a meeting of the Committee for coming to Lucknow and for going back
to the place of his residence, not more than twice in one calendar
month;
1[(d) for journey for attendance in any meeting called by or
under the authority of the Speaker of the Lok Sabha or the Chairman
of the Rajya Sabha or the Speaker of the Legislative Assembly or as the
case may be the Chairman of the Legislative Council of any other State
or by the Indian Institute of Parliamentary Studies or organised
otherwise in connection with constitutional studies or any seminar or
study course ;
Provided that such member is nominated to attend such
meeting by the Speaker as defined in clause (n) of section 2 or the
Chairman as defined in clause (b) of the said section ;
Provided further that not more than 2[five members] shall be
nominated for attendance in any such meeting and no such
nomination shall be made for more than twice in a year.]
Daily
Allowance 15.3[(1)] 4[Every member whether or not he holds any office
referred to in clause (i) of section 2] shall be entitled to daily allowance
at the rate of 5[two thousand and five hundred rupees] per day which
shall be calculated in accordance with the following principles, namely
:–
(i) the allowance shall be payable for each day of attendance
during the session of the Assembly or the Council, as the case may be,
or at any sittings of any Committee thereof;
(ii) the allowance shall also be payable for one day before and
one day after a continuous sitting of the Assembly or the Council, as
the case may be, provided that the member is present at the place of
such continuous sitting on those days;
(iii) the allowance shall also be payable for the days of
adjournment in the course of a continuous sitting of the Assembly or
Council or of its Committee, as the case may be, and for the holidays
falling in between such continuous sitting, provided that the member
is presents at the place of sitting on all such days;
(iv) the allowance shall also be payable for the number of days
not exceeding four which intervene between the last day of a sitting of
the Assembly or the Council or of its Committee, and the first day of
the sitting of the same or another Committee or of the Assembly or the
Council, provided that the Member is present at the place of sitting on
all such days;
1. Subs. by sec. 14 (d) of U. P. Act No. 13 of 1984.
2. Subs. by sec. 14 (d) Second Prov. of U. P. Act No. 27 of 2004.
3. Runumbered by sec. 3 of U. P. Act No. 16 of 1994.
4. Subs. by sec. 2(a) of U. P. Act No. 22 of 1986.
5. Subs. by sec. 6(a) of U. P. Act No. 13 of 2025.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
(v) where in a case falling under clause (iii) or clause (iv), a
member leaves the place of sitting for his residence or for his
constituency, he shall, notwithstanding anything contained in section
14, be entitled to a daily allowance in accordance with the provisions of
this section or incidental charges in accordance with section 14,
whichever is less:
1[(v-a) the allowance shall also be payable to a member for his
visits to Lucknow as Chairman of any committee in connection with
the work of such committee, other than the meeting of such
committee, in case no such allowance is otherwise payable to him
under any other provision of this section provided that no such
allowance shall be payable for more than two visits in a calendar
month and for more than two days per such visit ;
(v-b) the allowance shall also be payable for attendance in any
meeting, seminar or study course referred to in clause (d) of
section 14;]
(v-bb) 2[ * * * * * ]
(v-c) 2[ * * * * * ]
(vi) 3[ * * * * * ]
4[Provided that if a member does not attend the sitting of
Assembly or Council, as the case may be, on a day or more during a
session or at any sittings of any Committee thereof, he shall not be
entitled for the daily allowance admissible under sub-section (2) for the
days of such absence.]
Explanation :–For the purposes of the section, a sitting shall
be deemed to be continuous if the number of days between the last day
of a meeting and the last day of another meeting is not more than four.
5[(2) Every member whether or not he holds any office referred
to in clause (i) of Section 2 and the Leader of Opposition shall be
entitled to daily allowance at the rate of two thousand rupees per day
for the days during which he tours for the works inthe service of the
public and for which the allowance or incidental charges under sub-
section (1) are not, may not be admissible.]
6[Provided that a member shall not be entitled to the daily
allowance admissible under sub-sections (1) or (2) for the period of his
confinement in a jail except the day of his discharge.]
7[***]
8[(4) The daily allowances mentioned in sub-sections (1) and (2)
(2) shall be increased after every five years commencing from 1stApril,
2025 on the basis of Cost Inflation Index provided under clause (v) of
Explanation to Section 48 of the Income-tax Act, 1961 (Act No.43 of
1961).]
1. Ins. by sec. 4 of U. P. Act No. 13 of 1984.
2. Omit. by sec. 3 of U. P. Act No. 16 of 1994.
3. Omit. by sec 2(c) of U. P. Act No. 22 of 1986.
4. Ins. by sec. 6(b) of U.P. Act No. 13 of 2025.
5. Subs. by sec. 6(c) of U.P. Act No. 13 of 2025.
6. Ins. by sec. 6(d) of U.P. Act No. 13 of 2025.
7. Omit. by sec. 6(e) of U.P. Act No. 13 of 2025.
8. Ins. by sec. 6(f) of U.P. Act No. 13 of 2025.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
1[CHAPTER IV—A
Secretarial Allowance
Secretarial
allowance 15-A. Every member of the assembly or the council, whether or
not he holds any of the office referred to in clause (1) of section 2
including the leader of opposition shall be entitled to receive for the
duration of his membership or, as the case may be, during the whole
of the term in which he holds such office, secretarial allowance at the
rate of 2[thirty thousand rupees] per month.
3[Provided that the aforesaid members shall be entitled to only
70 per cent of the above-mentioned secretariat allowance from the
month of April, 2000 to March, 2021.]
CHAPTER V
Accommodation to Members
Accommoda-
tion at
Lucknow
16.(1) Every member (including a Parliamentary Secretary)
shall be entitled, without payment of rent, to the use of such
accommodation at Lucknow as may be provided to him for the
duration of his membership and such further period as may be
prescribed.
4 [(1-A) Every member for whose use accommodation at
Lucknow has been provided under sub-section (1) shall immediately
after the expiration of the period referred to in that sub-section vacate
such accmmodation and an officer authorised by the State
Government in this behalf may take possession of the accommodation
and may for the purpose use such force as may be necessary in the
circumstances.
Explanation :– For the purposes of the sub-section ‘Member’
includes a person who has ceased to be a member.]
(2) Where a member has not been provided with any
accommodation 5[ * * * ], he shall be entitled to an accommodation
allowance 6[at the rate of three hundred rupees per mensem].
(3) 7[x x x]
Explanation—A member shall be deemed to have been
provided with an accommodation on the date when intimation about
its allotment in his favour is given to him whether or not such member
accepts the allotment or occupies the accommodation.
1. Ins. by Chapter IV-A of U. P. Act No. 04 of 1997.
2. Subs. by sec.7 of U. P. Act No. 13 of 2025.
3. Subs. by sec. 4 of U. P. Act No. 14 of 2020.
4. Ins. by sec. 3 of U. P. Act No. 5 of 1990.
5. Omit. by sec. 2(a)(1) of U. P. Act No. 21 of 1984.
6. Subs. by sec. 2(a)(2) of U. P. Act No. 21 of 1984.
7. Omit. by sec. 4 of U. P. Act No. 4 of 2013.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
Special
provisions
regarding
certain
accommoda-
tions
1[16-A. (1) On and from the commencement of the Uttar
Pradesh Ministers, and State Legislatures, Officers, and Members
Amenities Laws (Amendment) Act, 1997, the State Government may,
with a view to ensuring timely availability of accommodation to a
member under sub-section (1) of section 16 by a notified order,
specify any accommodation in the colony or building named as
Vidhayak Niwas No. 1, A-Blook Darulshafa, Vidhayak Niwas No. 2,
B-Block Darulshafa, Vidhayak Niwas No. 3, O. C. R., Vidhayak
Niwas No. 4, Royal Hotel, Vidhayak Niwas No. 5, Mirabai Marg,
Vidhayak Niwas No. 6, Park Road under the control and
management of the Estate Department of the State Government, as
Legislatures' residence and an accommodation so specified shall be
allotted to a member only and not to any other person;
(2) The State Government, or an officer authorised by it in
this behalf may, if a person other than a member referred to in sub-
section (1-A) of section 16 is in occupation of an accommodation
specified as Members' residence under sub-section (1) on the basis
of any allotment order or otherwise, cancel the allotment order of
such person if any, and by notice in writing require such person to
vacate the said accommodation within fifteen days from the date of
service upon him of such notice, and if such person fails to vacate
the said accommodation within the said period, an officer,
authorised by the State Government in this behalf may take
possession of the said accommodation and may for the purpose use
such force as may be necessary in the circumstances.]
Rules regarding
accommodation
17. (1) For the purposes of allotment of accommodation
under section 16, the State Government may make rules which shall
provide for the following matters, namely:-
(a) laying down the standard of accommodation to which a
member shall be entitled ;
(b) fixing the scale on which every such accommodation shall
be furnished;
(c) fixing standard rent of 2[any] accommodation;
(d) 3[ * * * * * ]
(e) making provision for payment by the State Government of
all charges including charges for electricity and water and for
regulating the supply of water and electricity in such
accommodation.
(2) The rules referred to in sub-section (1) may be made in
respect of those members also who hold any of the offices referred to
in clause (i) of section 2.
1. Ins. by sec. 3 of U. P. Act No. 08 of 1997.
2. subs. by sec. 3(a) of U. P. Act No. 21 of 1984.
3. Omit. by sec. 3(b) of U. P. Act No. 21 of 1984.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
1[CHAPTER V—A
Provision of Loan to Members
Advance to
Members 17-A. The State Government may provide for grant of
repayable Advance to members advance of a sum 2[not exceeding
rupees two lakh] to any person who is a member, whether or not he
holds any office referred to in clause (i) of section 2, or who has held
office as a member of the Assembly or Council, either for
construction or purchase of residential accommodation or for
purchase of a vehicle in accordance with such terms and conditions
as may be prescribed.]
3[Provided that if the advance granted to any such Member
for one purpose and the interest due thereon has been repaid, the
Member may be granted advance for the other purpose.]
Telephone
CHAPTER VI
Telephone Facilities
18. Every member shall be entitled to such facilities
regarding telephone at Lucknow and the place of his normal
residence or in his constituency 4[and mobile phone as may be
prescribed.]
5[CHAPTER VI—A
Medical facilities
18-A.Every member of the assembly or the Council, whether
or not he holds any office mentioned in clause (i) of section 2, shall
be entitled in accordance with such principles as may be
prescribed,—
(a) to receive a sum of 6[forty five thousand rupees] per
mensem in lieu of out-door medical treatment and facilities
including medicines provided in a hospital or dispensary established
or maintained by the State Government ;
(b) to get accommodation and treatment in such hospital,
free of charge, for himself and members of his family who may be
required to be admitted in the hospital for medical treatment.]
CHAPTER VII
Facilities to the Leader of Opposition
Salary,
accommodation,
conveyance and
other facilities
to the leader of
opposition
7[19. The Leader of Opposition shall be entitled to such
salary, accommodation, conveyance and other facilities as are
admissible to any member of the Council of Ministers under
the provisions of section 3, 4, 5, 6, 7 and 8 of the Uttar pradesh
1. Ins. by sec. 3 of U. P. Act No. 22 of 1986.
2. Subs. by sec. 17-A of U. P. Act No. 04 of 1997.
3. Ins. by sec. 4 of U. P. Act No. 25 of 2004.
4. Subs. by sec. 18 of U. P. Act No. 07 of 2006.
5. Ins. by sec. 10 of U. P. Act No. 13 of 1986.
6. Subs. by sec. 8 of U. P. Act No. 13 of 2025.
7. Subs. by sec. 4 of U. P. Act No. 15 of 1989.
22
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
1981 and the provisions of the said sections and the rules relating
thereto shall mutatis mutandis apply to the Leader of Opposition as
they apply in relation to any member of Council of Ministers.]
20. 1[x x x]
21. 1[x x x]
21-A.1[x x x]
22. 1[x x x]
CHAPTER VIII
Pension to Ex-Members
Meaning of
certain
expressions
23. For the purposes of this Chapter—
2[(a) the expression 'Assembly' or 'Council' shall include the
United Provinces Legislative Assembly or the United Provinces
Legislative Council respectively:—
(i) which was constituted and functioned as such under the
Government of India Act, 1935, either before or after the
commencement of the Indian Independence Act, 1947 ; or
(ii) which functioned as a House of the provisional Legislature
for the State under the Constitution of India.]
(b) the expression 'year' means any period of twelve calendar
months;
(c) the period during which a person has, by virtue of his
membership in the Assembly or Council, held any of the offices
mentioned in clause (i) of section 2 shall also be taken into account
for determining the term of such membership.
Pension to Ex-
members
3[24. (1) Every person who has served as a member of the
Assembly or the Council for any period shall be entitled to a pension
at the rate of thirty five thousand rupees per month throughout his
life:
Provided that where any person who has served as aforesaid
for a period exceeding one term of whatever duration, he shall be
entitled to an additional pension at the rate of two thousand rupees
for every completed year in excess of one term:
Provided further that where any person who has served as
aforesaid for his first full term of six years as a member of Council,
he shall be entitled to an additional pension of two thousand rupees
i.e. a total pension of thirty seven thousand rupees per month:
1. Omit by sec. 5 of U. P. Act No. 15 of 1989.
2. Subs. by sec. 5 of U. P. Act No. 13 of 1984.
3. Subs. by sec. 9 of U. P. Act No. 13 of 2025.
24
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
Provided also that inthe event of dissolution of Assembly, the
period from the date of dissolution of Assembly, till the date of first
meeting of the new Assembly, shall be counted for pension purposes of
a member who has been the speaker of the dissolved Assembly and
has continued to be in office as such during the said period.
Explanation- Where a person has served as a member of the
Assembly or the Council for a term of six months and above and has
not completed one year then such person shall for the purposes of
calculating the pension, be deemed to have served as member for one
year.
(2) Where any person entitled to pension under sub-section (1) is
also entitled to any other pension, such person shall be entitled to
receive the pension under sub-section (1) in addition to such pension.
(3) The pension and additional pension to every person shall be
increased after every five years commencing from 1st April, 2025 on the
basis of Cost Inflation Index provided under clause (v) of Explanation to
section 48 of the Income-tax Act, 1961 (Act No.43 of 1961).] 1
Conditions of
pension
payable to
certain
persons
2[24-A.Where a person becomes entitled to pension or
additional pension under this Act on the ground that he has served as
a member of the Assembly or Council, constituted or in existence
before January 1, 1946 such pension or additional pension, as the
case may be, shall be deemed to be admissible to such person with
effect from January 1, 1977.]
Pension when
not payable. 25.Notwithstanding anything contained in section 24, no
person shall be entitled to any pension under this Chapter in the
following cases, namely—
(a) 3[ * * * * * ]
(b) where any person is employed on a salary under the Central
Government or any State Government or any Local Authority, or
becomes otherwise entitled to any remuneration from any corporation
owned or controlled by such Government or from a local authority, and
such salary or remuneration is equal to or exceeds 4[the amount of
pension admissible under section 24] per month and he continues to
be so employed or entitled to Such remuneration;
(c) 5[ * * * * * ]
(d) where any person is elected to the office of the President or
Vice-President or is appointed to the office of Governor of any State or
the Administrator of any Union Territory and continues to hold such
office;
1. Subs. by sec. 9 of U. P. Act No. 13 of 2025.
2. Ins. by sec. 7 of U. P. Act No. 13 of 1984.
3. Omit. by sec. 10 of U. P. Act No. 30 of 1998.
4. Subs. by sec. 8(b) of U. P. Act No. 04 of 1997.
5. Omit. by sec. 10 of U. P. Act No. 30 of 1998.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
(e) where any person is elected or nominated as a member of
the Legislative Assembly or the Legislative Council of any State or of
either of the Houses of Parliament and continues to be such a member.
1[(f) where any person ceases to be a citizen of India.]
Pension to be
reduced in
certain cases
26.Where in the circumstances mentioned in 2[clause (b)]of
section 25, a person is entitled to a pension, salary or remuneration
amounting to less than 3[the amount of pension admissible under
section 24] per month, then the pension payable to such person under
section 24 shall not exceed the amount by which such pension, salary
or remuneration falls short of 4[the amount of pension admissible
under section 24] per month.
Financial
assistance to
dependent of
deceased
Member
4[26-A.5[(1) If a sitting member dies during the tenure of his or
her office, the spouse of such member or if such person leaves no
spouse, his minor children or unmarried daughters shall be entitled to
a family pension equal to pension otherwise admissible to the deceased
member at the time of death or a pension of thirty thousand rupees,
whichever is greater, for the lifetime of such spouse or till the minor
children attain the age of majority and in case of daughters till they get
married.]
6[(2) If an ex-member dies, the spouse of such ex-member or if
such person leaves no spouse his minor children or unmarried
daughters shall be entitled to a family pension equal to pension of
such ex-member at the time of death or a pension of thirty thousand
rupees, whichever is greater, for the life-time of such spouse or till the
minor children attain the age of majority and in case of daughters till
they get married.]
Provided that if the spouse is entitled to a salary under section
3 or a pension under sub-section (1) of section 24 she/he will not be
entitled to receive family pension under sub-section (1) or
sub-section (2).
7[Provided further that where more than one person becomes
entitled for pension under sub-sections (1) or (2) all such persons shall
draw the said pension in equal shares.]
1. Ins. by sec. 2 of U. P. Act No. 15 of 1991.
2. Subs. by sec. 11 of U. P. Act No. 30 of 1998.
3. Subs. by sec. 9 of U. P. Act No. 4 of 1997.
4. Subs. by sec. 7 of U. P. Act No. 9 of 2010.
5. Subs. by sec. 10(a) of U. P. Act No. 13 of 2025.
6. Subs. by sec. 10(b) of U. P. Act No. 13 of 2025.
7. Ins. by sec. 10(c) of U. P. Act No. 13 of 2025.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
1[(3) Sub-section (1) and sub-section (2) shall apply also to a
spouse who is alive on the date of commencement of the Uttar
Pradesh State Legislature (Members' Emoluments and Pension)
(Amendment) Act, 2015.]
Explanation–‘‘Dependent’’ in a relation to a member means
his or her spouse, son, daughter, father or mother in order of
preference, residing with and wholly dependent on such member.]
CHAPTER IX
Miscellaneous
Relinquishment
of salary etc.
27. Any person entitled to any salary, allowance or other
facilities under this Act may at any time relinquish the whole or any
part of such salary, allowances or facilities by intimating in writing to
the Speaker or the Chairman, as the case may be:
Provided that any such relinquishment may be cancelled by
him at any time, with prospective effect, by writing to the Speaker or
the Chairman, as the case may be.
Recovery of
Government
and other dues
from Members
bill
28. 2[(1) Where any Government dues (such as rent or charges
for accommodation, telephone dues) are reported to be outstanding
against a member and appropriate claims or bills in support thereof
are received from the concerned authority, and such member fails to
pay such dues, an amount equivalent to such dues, or where any
repayable advance has been provided by the Government to a
member then an amount equivalent to such advance or any
installment thereof due from such member, together with interest, if
any, shall be deducted by the Secretary from the salary or travelling
or daily or compensatory accommodation or any other allowance bill
of such member.
(1-A) In case of a person who has ceasedto be a member or a
person, who is not a member at the time when any repayable advance
has been provided to him by the Government, the amount referred to
in sub-section (1) may be deducted from the amount of pension or
any other amount payable to such person under this Act.]
3[Provided that if any other Government dues are reported to be
be outstanding against such persons, weather it is for the period of his
Membership or for the period he is ceased to be a Member shall also be
deducted from the pension of such persons. ]
(2) Ordinarily any non-Government dues outstanding against a
member shall not be recovered from his salaries or allowances but
where such dues are on account of certain services rendered to him in
the course of his parliamentary duties, such as, when he is on tour
with a Committee, and the arrangements for such services have been
made by or at the instance of semi-Government institutions or private
parties at the request of officers of the State Legislature, and such
member fails to pay such dues, recovery thereof may be effected from
the salary or travelling or daily allowances bills of such member.
1. Ins. by sec. 9(c) of U. P. Act No. 3 of 2015.
2. Subs. by sec. 28 (1) of U. P. Act No. 22 of 1986.
3. Ins. by sec. 10 of U. P. Act No. 21 of 2005.
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[The Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980]
Power to
remove
difficulties.
29.(1) The State Government may, for the purpose of removing
any difficulty, particularly in relation to the transition from the
provisions of the enactments repealed by section 31 to the provisions
of this Act, by order published in official Gazette, direct that the
provisions of this Act shall, during such period as may be specified in
the order, have effect subject to such adaptations whether by way of
modification, addition or omission as it may deem to be necessary or
expedient:
Provided that no such order shall be made after the expiry of
two years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid before
both Houses of the State Legislature.
(3) No order under sub-section (1) shall be called in question in
any court on the ground that no difficulty as is referred to in sub-
section (1) existed or required to be removed.
Rule making
power. 30.(1) The State Government may, by notification, make rules
to carry out the purposes of this Act.
(2) All rules made under the enactment repealed by section 31
and in force on the date immediately preceding the date of
commencement of this Act shall, in so far as they are not inconsistent
with the provisions of this Act, be deemed to have been made under
this Act, and they shall continue to be valid and effective until they are
repealed by new rules made under sub-section (1).
Repeal 31. The Uttar Pradesh Legislative Chambers (Members'
Emoluments and Pension) Act, 1952 is hereby repealed.
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32