The West Bengal Parliamentary Secretaries ( Appointment, Salaries, Allowances And Miscellaneous Provisions ) Act, 2012

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Registered No. WB/SC-247 No.WB(Part-IID/2013/SAR-2

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Extraordinary
Published by Authority
PAUSA 21]
FRIDAY, JANUARY 11, 2013 [SAKA 1934
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NO 1114CATION
No. 77-L.-11th January, 2013.—The following Act of the West Bengal Legislature, having been assented by
the Governor, is hereby published for general information:—
West Bengal Act XXXIV of 2012
THE WEST BENGAL PARLIAMENTARY SECRETARIES
(APPOINTMENT, SALARIES, ALLOWANCES AND
MISCELLANEOUS PROVISIONS) ACT, 2012.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 11th January, 2013.]
An Act to provide for the Appointment, Salaries, Allowances and other
Miscellaneous provisions of the Parliamentary Secretaries in the State of West Bengal.
WHEREAS it is expedient to provide for the Appointment, Salaries, Allowances
and other Miscellaneous provisions of the Parliamentary Secretaries in West Bengal
and for matters connected therewith and incidental thereto;
It is hereby enacted in the Sixty-third Year of the Republic of India, by the
Legislature of West Bengal, as follows:—
Short title and 1. (1) This Act may be called the West Bengal Parliamentary Secretaries
(Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2012. commencement.
THE KOLKATA GAZE11E, EXTRAORDINARY, JANUARY 11, 2013 [PART BI
Definitions.
Parliamentary
Secretary not to
practice
profession etc.
Power to make
rules.
The West Bengal Parliamentary Secretaries (Appointment, Salaries,
Allowances and Miscellaneous Provisions) Act, 2012.
(Sections 2-10.)
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) "Chief Minister" means the Chief Minister of West Bengal;
(b) "Member" means a Member of the West Bengal Legislative Assembly;
(c) "Parliamentary Secretary" means a Member of the West Bengal
Legislative Assembly appointed as the Parliamentary Secretary under
this Act by the Chief Minister;
(d) "Prescribed" means prescribed by the rules made under this Act; and
(e) "Specified" means specified by notification published in the Official
Gazette.
3. The Chief Minister may, having regard to the circumstances and the need
of the situation, at any time appoint such number of Parliamentary Secretaries and
assign to each of them such duties and functions as he/she may deem fit and proper.
4. A Parliamentary Secretary shall be of the rank and status of a Minister of
State or Deputy Minister and shall exercise such powers, discharge such functions
and perform such duties as may be assigned to him by the Chief Minister by way
of a notification published in the Official Gazette.
5. The functions and duties of Parliamentary Secretary shall be such as may
be specified.
6. The Parliamentary Secretary shall, before entering upon his office, take an
oath of office and secrecy in such manner as may be prescribed.
7. A Parliamentary Secretary shall be entitled to such salary and allowances as
are admissible to a Minister of State or a Deputy Minister, as the case may be, under
the West Bengal Salaries and Allowances Act, 1952.
8. Notwithstanding anything contained in any other law for the time being in
force a Parliamentary Secretary shall not, while he draws salary and allowances for
his office as such Parliamentary Secretary, be entitled to any salary or allowances
as a Member of the West Bengal Legislative Assembly or under any laws for the
lime being in force.
9. A Parliamentary Secretary shall not, during his office as such Parliamentary
Secretary, practice any profession or engage in any trade or commerce and undertake
for remuneration any employment other than his duties as such Parliamentary
Secretary.
10. (1) The State Government may, by notification, make rules for carrying out
the purposes of this Act.
(2) Every rule made by the State Government under this Act shall be laid, as
soon as may be after it is made, before the State Legislature, while it is in session,
for a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, the State Legislature agrees
in making any modification in the rule or the State Legislature agrees that the rule
should not be made, the rule shall thereafter have effect only in such modified form
Appointment of
Parliamentary
Secretary.
Rank, status,
powers and
functions of
Parliamentary
Secretary.
Functions and
duties of
Parliamentary
Secretary.
Oath of office
and secrecy.
Salary and
allowances of
Parliamentary
Secretary.
Parliamentary
Secretary not to
draw salary and
allowances as
Member.
West Ben. Act
V of 1952.
PART IR] THE KOLKATA GAZE I 1E, EXTRAORDINARY, JANUARY 11, 2013 3
The West Bengal Parliamentary Secretaries (Appointment, Salaries,
Allowances and Miscellaneous Provisions) Act, 2012.
(Section 11.)
or be of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
Power to remove
difficulty. H. If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order, not inconsistent with the provisions of this Act,
remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two
years from the date of publication of this Act in the Official Gazette.

By order of the Governor,
MALAY MARUT BANERJEE,
Secy. to the Govt. of West Bengal,
Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056.

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