LexThe Uttarakhand Former Chief Minister Facility (Residential and Other Facilities) Act, 2019.
Uttarakhand · state statute
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No.13»(Xxvl(3)/202076(1)/2019
Dated Dehredun, January 15, 2020
NOTIFICATION
Miscellaneous
In pursuance of the provisions of clause (3) of Article 348 of the
Constitution of India, the Governor is pleased to order the publication of the
following English translation of `The Uttarakhand Former Chief Minister
Facility (Residential and Other Facilities) Act, 2019' (Act No. 05 of 2020).
As passed by the Uttarakhand Legislative Assembly and assented to
by the Governor on 13 January, 2020.
The Uttarakhand Former Chief Minister facility (Residential and Other Facilities)
Act' 2019
(Uttarakhand Act No. 05 Of 2020)
AN
ACT
WREREAS, keeping in view the facilities provided to former constitutional
functiondes. after formation of the State in the year 2000, former Chief-Ministers were
provided residential accommodation for life time in accoi.drnce with certain rules/Govt.
Orders/OfficeMemorandum/r`totification.
NOW, THEREFORE, to validate the residential accormnodation and other
facilities already provided to fomer Chief Ministers for a fixed period, as one time
measure and provide residential and other facilities.
Be it enacted by the Uttarakhand State 1,egislative Assembly in the
Seventieth year of the Republic of IIidia as follows:
ShortTit]cand i.
Commencement
(1) This Ac.t may bc called the Uttarakhand Former Chief
Minister Facility atesidendal aiid Other Facilities) Act,
2019.
(2) It shall be deemed to have come into force from 9th
November 2000.
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Definitions 2. In this Act, unless lhe context otherwise requires -
(a) "State Government" means the Uttarakhand Government;
(b) "I``ormer Chief Minister" means the Chief Minister. who
has worked in the Council of Ministers in the Uttaralthand
Government;
(c) "Fees" and "Standard rent" means the fees and standard
rent deteirfuned by the Uttarakhand Government for
residence, electricity, water and other facilities;
(d) "Government Residence" means the Government
residence available within the municipal coxporation and
Cantonmcnt area limits ot` Dehradun.
Ap|]licaition 3. This Act shall apply to tliose former chief Ministers who have
been alloLlcd govcmmcnt residences by the State Govcrlimcrlt.
The flllotinent of residential accommodation made under
rules/a.ovt, oi.der/office memorandum/ notification shall be
deerned to have been made under this Act till 31.03.2019.
I]rovided that with eflbet from 31.03.2019 those former
Chief Mii]isters who have been allotted government residences
shall not i)e entitled to the facilities and benefits provided under
Sectioii 4 and Scction 5 of this Act;
Provided fuilher that with effect from 31.03.2019 no
former Chief Minister shall be entitled to allotment of
goverrment residence and the facilities and beiiefits provided
under Sectioli 4 and Section 5 of this Act only on this basis of
his status being a former Chief Minister.
F8cilitie8 4. (a) The appropriate rent of goverrment residence allotted to the
former Chief Minister of Uttarakhand State shall be
recovcrcd from the allottee from the date of allotment .
EXI'LANATION- Appropriate rent for the purposes of this sub
sectioii shau be 25 % increases of the standard rent, in
addition to standard rent as determined by the Government
from time to time.
(b) The paylnent of electricity, water and sewerage fee etc. of`
the gt>vemment residence allotted to the former Chief
Ministers shall be paid to the concerned department from
the date of allotment, by the allottee himself,
(c) The facilities provided to the former Chief Ministers by the
State Goverrment (vehicle along with driver, P.O.L for the
vchiclcs, maintenance of vehicles, Personal Assistant /
Orricer on Special Duty/ Public Relation Officer, Fourth
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Maintenanceof 5.
Governinent
residence
Validation of 6,
ot'de"l
Overriding 7 ,
effcet
Faeiutles 8.
provided by
other Acts
Powertomake 9.
rules
Repeal and 10
Saving
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class cmployce, watchman] gardener, telephone attendant,
security guard etc.) as detemined by the Government, shall
be lice t]f cost.
(d) All the (`acilitics provided to the former Chief Ministers shall
be pciiiiissible (cxcc])t Security Guard) till his occupancy in
tlic g{)verimcnt residence.
(e)TheF{7nncrChicfMinistersshallbeentitledthesecurityand
prot{tcol Services as State Goverrment may, determine
fr{im time to time.
The cost incurred from time to t`me on repair/maintenance
related works ill t.he government residence allotted to former
Chief Ministers s!`cill be bolTie by the State Government.
The Rules/ Government Order / Office Memorandugiv
Notification alid all other or.ders issued by the State Government
for al\olunclil of government residence and other facilities
provided to fomcr Chief Ministers shall be deemed to have
been issued under tliis Act.
Notwithstandiiig iinything contrary contained in any other Act
or judgcincntl decree/ order or directions of any court the
provisioilsofthisAct,shallbevalidandeffective.
Notwithstanding aiiything contained in this Act, the former
Chief Ministers shall also tle entitled to avail facilities of any
pension/allowance/facilitiespermissibleunderanyotherActor
any order.
The State Govemmcnt may, by notification, in offlcial Gazette,
make nilcs for carrying out the paposes of this Act.
(I) '1`he ulariikhand Former Chief Minister Faci"ty
(Reside,ntial and Other Facilities) Ordinance, 2019 is
hereby rei)ealed.
(2) Notwithslaiiding such repeal anything done or any action
takcli u[idcr the s'did Ordinance shah be deemed to have
bc.5ndoneortckenunderthecorrcspondingprovisionsof
this Act.
By Order,
PPIEM SINGH KHIMAL,
Secretay.