Back
SIKKIM MINISTERS, SPEAKER, AND DEPUTY SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY (SALARIES AND ALLOWANCES) ACT, 1977
SIKKIM MINISTERS, SPEAKER, AND DEPUTY SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY (SALARIES AND ALLOWANCES) ACT, 1977
ACT NO.4 of 1977
AN ACT
To provide for the salaries and allowances of the Ministers, the Speaker, the Deputy Speaker and Members of the Legislative Assembly of the State of Sikkim.
[28th March, 1977]
Be it enacted by the Legislature of Sikkim in the Twenty-eighth Year of the
Republic of India as follows:
Short title and Commencement.
1. (I) This Act may be called the (Subs. by see 2 (a) of the S. S. & A. (Amd.) Act, No.6 of 1980 (w.e.f.25.l0.1979) [Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Act,] 1977.
(2) The provisions of this Act 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.
Definitions.
2. In this Act, unless there, is anything repugnant in the subject or context,
(a) 'Assembly' means the Legislative Assembly of the State of Sikkim.
(b) 'Chief Minister', 'Minister', 'Minister of State' and '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 appointed by the State Government.
(d) 'Deputy Speaker' means Deputy Speaker of the Assembly.
(e) 'family' in relation to person means the 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 such scale and within such limits as may be prescribed.
(g) 'maintenance' in relation to a residence shall include repairs, structural addition and alternations and provision 0f connections for water and electricity and payment of municipal rates and taxes and other charges I in respect of the residence.
(h) 'member' means a member of the 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 absence of the Speaker and the Deputy Speaker.
(i) 'month' shall mean a month reckoned according to the English Calendar.
(j) 'prescribed' mean prescribed by rules made under this Act
(k) 'rent' includes charges for electricity and water.
(l) 'residence' includes the garage, garden, lawn, quarters for the staff servants, security personnel or guards and guest house 'within the compound of the residence.
(m) '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 or the Speaker when the posts of the Speaker and the Deputy Speaker are vacant.
(3)(1) there shall be paid to the Chief Minister, the Minister of State, the Deputy Minister the Speaker and the Deputy Speaker such monthly salaries as specified in the Schedule.
(2) There shall be paid to the Chief Minister, the Minister the Speaker and the Deputy Speaker such monthly sumptuary allowances as specified in the Schedule.
(3) There shall 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 three hundred rupees per month for his traveling and other expenses including the expenses necessary for attending the meetings of Assembly.
Residence.
4.' (1) the ‘Chief Minister, the Minister, the Minister of State, the Deputy Minister, the Speaker' and the Deputy Speaker Shall' be entitled without payment of rent to use of a furnished residence in Gangtok throughout the term of his office and for a month after, 'he ceases to hold Such office.
(2) Where any of the persons .mentioned in sub-section (I), is not provided with an residence under sub-section I (1), he shall be paid an allowance at the rate of four Hundred rupees per month as long as he is not provided With such residence.
(3) All expenditure for maintenance and furnishing – any Residence provided under sub section (1) shall be borne by the Government,
(4) every member shall be entitled to such residential accommodation as may be prescribed at the place of the sitting of the Assembly during the session, or a meeting of a Committee.
Conveyance.
5. (1) 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 salaries and allowances of the driver, of fuel, up to such limit as may be prescribed, expenditure of maintenance and repairs of the vehicles shall be borne by the Government.
(2) Where any of the persons mentioned in sub-section (1) is not, provided with the facilities of conveyance as specified therein, he shall be paid a conveyance allowance 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) Every member shall be provided with a free non-transferable first class "pass for traveling by railway from and to any place in India for a distance of not exceeding (Subs. by sec. 2 (a) of the S. M. S. D. S: & M. of L. A. (S. & A.) (Amd.) Act, No: 10 of 1980 (w.e.f. 1.8.1980) (eight] thousand kilometers: in the aggregate in any financial year and also a free non-transferable pass for traveling within the State of Sikkim by any transport service vehicle owned controlled or managed by the Government.
6. The Chief Minister, the Minister, the Minister of State, The Deputy Minister, the Speaker, the Deputy Speaker and the 'members 'along with their family shall be entitled to free: medical attendance and treatment in any of the Government, hospital 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 allowance while on tour n public business at such rates and subject to such conditions as may be prescribed.
(Ins. by sec. 2 (2) of the S. M. S, D. S. & M of L. A (S..& A.) (Amd.) Act, No. 10 of 1978 (w.e.f. 28.3.1977). [(2) The members shall been titled to such traveling allowances and facilities at such rates and subject to such conditions as may be' prescribed for attending the meeting of a Committee.]
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 respect 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 (I), 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 had not come, into 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.
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/- |
|
4. Deputy Speaker |
(Subs. by sec. 2 (c) of the S. S. & A. (Amd.) Act, No.6 of 1980 (w.e.f. 25.10.1979). [Rs. 1.750/- |
Rs. 225/-] |
|
5. Minister of State |
Rs. 1,600/- |
Nil |
|
6. Deputy Minister |
Rs. 1,200/- |
Nil |
