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GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) ACT, 1982
43 of 1982
28th August, 1982
STATEMENT OF OBJECTS AND REASONS Clause (3) of Article 158 of the Constitution provides that a Governor shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule to the Constitution. Under this Schedule the-Governor is entitled to emoluments of rupees 5,500 per mensem, whilst the allowances and privileges of the Governor are to be the same as those admissible to the Governors of the corresponding provinces before the commencement of the Constitution. 2, In the absence of any law enacted by Parliament, the allowances and privileges of the Governors were first regulated under the Government of India (Governors' Allowances and Privileges) Order (hereinafer referred to as GAP Order) 1950, made on the 10th January, 1950. Thereafter, similar orders were issued from time to time in the wake of the reorganisation of States. 3. These GAP Orders, in many respects have become obsolete and even anachronistic. Moreover, the GAP Order of 1950, which relates to the States of Uttar Pradesh, West Bengal, Bihar, Orissa and Assam can be amended only through a legislation by Parliament, as it had been issued before the commencement of the Constitution, The Bill seeks to replace the existing GAP Orders by a comprehensive legislation as envisaged in clause (3) of Article 158 of the Constitution. This would enable the refixation of the ceilings on expenditure on Raj Bhavans keeping in view the necessity to maintain the dignity of the office of the Governor and at the same time, to make them more realistic in the light of the present day situation. It may also be mentioned that over the years in several cases, on account of the increase in prices, it had become impossible to restrict the expenditure within the limits prescribed under the GAP Orders, particularly those of 1950 and 1957, and additional expenditure had, therefore, to be incurred on the Raj Bhavans. Further, the GAP Orders did not provide for expenditure on medical treatment of the Governors and additional expediture had also to be incurred on this ground also. The President had, therefore, to issue orders for regularising such additional expenditure. It is proposed to avail of the present opportunity to include a suitable validating provision. Act No. 1 of 1994-
Section 3of the Governors (Emoluments. Allowances and Privileges) Act, 1982 (43 of 1982) provides that there shall be paid to every Governor emoluments at the rate of Rs. 11,000/ - per mensem. Clause (a) of the proviso of this section also provides that if a Governor, at the time of his appointment, is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the Government of India or any of its precedessor Governments or under the Government of a State or any of its predecessor Governments, his emoluments shall be reduced,- (i) by the amount of that pension: and (ii) if he has, before such-appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension; and (iii) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. 2. The Government of India in the Ministry of Personnel, Public Grievances and Pensions have issued orders to the effect that the pension equivalent of gratuity may not be deducted while fixing the pay of re-employed pensioners. The Ministry of Finance have also issued orders that the pension equivalent of gratuity will not be taken into account while fixing the initial pay of retired Judges of the High Courts and Supreme Court appointed to Committees or on Commissions. These orders have been made effective from the 1st June, 1988. 3. The Bill seeks to amend the Governors (Emoluments. Allowances and Privileges) Act, 1982 to allow the benefit of not deducting pension equivalent of gratuity from the emoluments payable to Governors. According to the amendments proposed in the Bill, Governors who had received retirement gratuity in respect of previous service would be benefited. 4. The Bill seeks to achieve the above object. -See Gaz. of India, 3-3-1992, Pt. II, S. 2, Ext., P.8. (No. 8)
An Act to determine the emoluments, allowances and privileges of Governors Be it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Governors (Emoluments, Allowances and Privileges) Act, 1982.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Governor" means the Governor, or any person discharging the functions of the Governor, of any State or of two or more States;
(b) "maintenance",-
(i) in relation to official residences, includes the provision of electricity, gas and water,
(ii) in relation to motor vehicles, includes the pay and allowances of chauffeurs and the provision of oil and petrol or other fuel;
(c) "members of the family", in relation to a Governor, means the spouse and the dependent children of the Governor;
(d) "official residences", in relation to a Governor, means such residences as may be specified by the President, by notification in the Official Gazette, as the official residences of the Governor and includes the staff quarters and other buildings appurtenant thereto and the gardens thereof:
(e) "rules" means rules made under this Act;
(f) "State" does not include a Union territory.
SECTION 03: EMOLUMENTS
- There shall be paid to every Governor emoluments at the rate of25[rupees thirty-six thousand per mensem]: Provided that if a Governor, at the time of his appointment,-
(a) is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments his emoluments shall be reduced,-
(i) by the amount of that pension; and
(ii) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension;3[or]4[x x x x x]
(b) is in receipt of any benefit by way of contributory provident fund, his emoluments shall be reduced by the pension equivalent of such benefit.
SECTION 04: LEAVE ALLOWANCE
(1) Subject to any rules made in this behalf, the President shall grant such leave to a Governor as he may consider necessary.
(2) Where a Governor is granted leave by the President, he shall, during the period of such leave, be paid leave allowance at such rate as the President may by order determine: Provided that such leave allowance shall be reduced to the extent, if any, to which the emoluments of the Governor are liable to be reduced under the proviso to Section 3-.
SECTION 05: USE AND MAINTENANCE OF OFFICIAL RESIDENCES
A Governor shall be entitled, without payment of rent, to the use of his official residences throughout his term of office and no charge shall fall on the Governor personally in respect of the furnishing or the maintenance of such residences.
SECTION 06: HOUSEHOLD ESTABLISHMENT
Subject to any rules made in this behalf, no charge shall fall on a Governor personally in respect of pay, allowances or pension or other emoluments paid to, or facilities provided for, the members of the household establishment provided to the Governor.
SECTION 07: MEDICAL TREATMENT
Subject to any rules made in this behalf, a Governor and the members of his family shall be entitled during the term of his office and thereafter also, to free medical attendance, accommodation and treatment in the hospitals maintained by the Central Government or the Government of any State.
SECTION 08: CONVEYANCE
(1) A Governor shall be entitled to use without payment of rent or hire, such number of motor vehicles as the President may by order determine.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:-
(a) grant of leave to a Governor under section 4-;
(b) matters relating to the household establishment provided to a Governor under section 6-;
(c) medical attendance, accommodation and treatment of a Governor and the members of his family under section 7-;
(d) the use of motor vehicles by the members of the family of a Governor under sub- section (3) of section 8-;
(e) the travelling allowance on assumption or vacation of office of a Governor under section 9-;
(f) allowances for renewing the furnishings and for the maintenance of the official residences under section 10 -;
(g) the privileges to which a Governor is entitled and the allowances or expenses payable to a Governor under section 11-.
(3) Every rule made by the President under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form 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.
(2) No charge shall fall on a Governor personally in respect of the maintenance of the motor vehicles referred to in sub-section (1).
(3) The use of the motor vehicles referred to in sub-section (1) by the members of the family of a Governor shall be regulated by rules made in this behalf.
SECTION 09: TRAVELLING ALLOWANCE ON ASSUMPTION OR VACATION OF OFFICE
- Subject to any rules made in this behalf, a Governor shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family's effects-
(a) in respect of the journey for assuming office from the place where he is ordinarily residing to the place of his duty; and
(b) in respect of the journey on relinquishing office from the place of his duty to the place where he would ordinarily reside thereafter or if he is to take up any other office under the Government (including the office of the Governor of another State) after such relinquishment, to the place of duty with respect to such other office.
SECTION 10: ALLOWANCES FOR RENEWING FURNISHINGS AND FOR MAINTENANCE OF OFFICIAL RESIDENCES
Subject to any rules made in this behalf, a Governor shall be entitled to such allowances for renewing the furnishings and for the maintenance of the official residences, as the President may by order determine.
SECTION 11: OTHER PRIVILEGES AND ALLOWANCES
- For the purpose of enabling a Governor to discharge conveniently and with dignity the duties of his office, he shall be-
(i) entitled to such other privileges as may be prescribed by rules made in this behalf, and
(ii) paid, subject to any rules made in this behalf, such amount, as the President may, by general or .special order, determine by way of the following, namely :-
(a) entertainment allowance;
(b) hospitality grant;
(c) household establishment expenses;
(d) office expenses;
(e) contract allowance, i.e., an allowance for miscellaneous expenses; (f) tour expenses; and (g) such other allowances or expenses as may be provided for by rules.
SECTION 12: ADDITIONAL EXPENSES
(1) Where, in the case of any Governor the President is satisfied that the amount authorised under this Act by way of any allowances or for meeting any expenses with respect to any matter requires to be increased or that a need has arisen to sanction expenses with respect to any matter for which provision, though permissible, has not been made in the rules made under this Act, he may by special order increase such amount or sanction such expenses to such extent as may be specified in such order.
(2) An order may be made under sub-section (1) so as to have retrospective effect.
(3) Every order made under this section shall be laid, as soon as may be after it is made, before both Houses of Parliament.
SECTION 13: POWER TO MAKE RULES"
(1) The President may, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act.
SECTION 14: VALIDATION
(1) Every special order issued, before the commencement of this Act, by the President in regard to the allowances, expenses (including medical expenses) or privileges of any Governor (other than the Governor of Nagaland) shall, notwithstanding that such order was made with retrospective effect, or is inconsistent with any general order issued under any law with respect to those matters, be as valid and effective as if such special order formed part of this sub-section and this sub-section had been in force at all material times.
(2) Every general or special order issued, before the commencement of this Act, by the President in regard to the allowances, expenses (including medical expenses) or privileges of the Governor of Nagaland shall, notwithstanding that such order was made with retrospective effect, be as valid and effective as if it formed part of this sub-section and this sub-section had been in force at all material times.
SECTION 15: SAVING
Nothing contained in this Act or the rules made thereunder shall have effect so as to diminish the emoluments and allowances of any Governor during his term of office.
Footnotes:
1. 1-4-87- See Gaz. of Ind., 30-3-87, Pt. II, S. 3(ii), Ext., p. 2 (No. 157).
2. Substituted for the words "rupees five thousand five hundred per mensem''by the Governors (Emoluments, Allowances and Privileges) Amendment Act (17 of 1987), S. 2 (w.r.e.f. 1-4-86).
3. Substituted for the word "and" by the Governors (Emoluments, Allowances and Privileges) Amendment Act (1 of 1994), S. 2 (w.r.e.f. 1-6-88).
4. Sub-clause (iii) omitted, Substituted for the word "and" by the Governors (Emoluments, Allowances and Privileges) Amendment Act (1 of 1994), S. 2 (w.r.e.f. 1-6-88).
5. Substituted for " [rupees eleven thousand per mensem] ", vide The Governors (Emoluments, Allowances and Privileges) Amendment Act, 1998' (27 Of 1998), Dt. August 20,1998 Published in Received the assent of the President on August 20, 1998 and published in the Gazette of India, Extra., Part II, Section 1, dated 20th August, 1998, pp. 1-2, No. 41
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