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THE SALARIES AND ALLOWANCES OF MINISTERS (TRIPURA) ACT, 1972
Tripura Act No. 1 of 1972.
THE SALARIES AND ALLOWANCES OF MINISTERS (TRIPURA) ACT, 1972
[25. 4. 1972]
An Act to provide for the salaries and allowances of Ministers of Tripura.
Be it enacted by the Legislative Assembly of Tripura in the Twentythird
Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Salaries and Allowances of Ministers (Tripura) Act,1972.
(2) It shall be deemed to have come into force on the twentieth day of March,1972.
Definitions
2. In this Act, unless the context otherwise requires,--
(a) "the Council of Ministers" means the Council of Ministers of the Government of Tripura ;
(b) (Substituted by The Salaries and Allowances of Ministers (Tripura) (Ninth Amendment) Act, 1993, w. e. f. 1. 7. 1993.) ["Family" in relation to a Minister means his wife residing with him and legitimate children and step children residing (Inserted by The Salaries and Allowances of Ministers (Tripura) (Seventh Amendment) Act, 1990, w. e. f. 1.4.1990.) [with and wholly] dependent on him. If the Minister is a married woman "Family" will include her husband residing with her :
(c) "Minister" means a member of the Council of Ministers, by whatever name called, and includes (Inserted by The Salaries and Allowances of Ministers (Tripura) (First Amendment) Act, 1975, w. e. f. 21.4.1975.) [a Minister of State]
(d) "travelling allowance" means allowance granted to a Minister to cover the expenses which he incurs in travelling in the interest of public service as against travelling in personal interest or for private purpose,such as journeys for rest or recoupment of health or for attending party meetings or for election campaign .
Salaries of Ministers.
3. (Substituted by The Salaries and Allowances of Ministers (Tripura) (Eleventh Amendment) Act, 2000, w. e. f. 4. 11. 2000.) [Each Minister shall be entitled to receive salaries at the rates specified below :--
(i) Chief Minister Rs. 5000.00 per month.
(ii) Minister Rs. 4500.00 per month.
(iii) Minister of State Rs. 4300.00 per month.
Samptuary Allowance of Ministers.
(Substituted by The Salaries and Allowances of Ministers (Tripura) (Tenth Amendment) Act, 1999, w. e. f. 1. 3. 1999.) [4. There shall be paid to each Minister a Sumptuary Allowance at the rates specified below :--
(i) Chief Minister Rs. 1200.00 per month.
(ii) Minister Rs. 1000.00 per month.
(iii) Minister of State Rs. 1000.00 per month.
Residence of Ministers.
5. (1) Each Minister shall be entitled without any payment of rent to the use and maintenance of a furnished residence throughout the term of his office and for a period of one month immediately thereafter.
(2) So long as such residence under sub-section (1) is not provided, there shall be paid a House Rent Allowance of rupees eight hundred per month to a Minister and a sum of rupees seven hundred and fifty per month to a Minister of State.
(3) In the event of the death of the Minister, his family shall be entitled without any payment of rent to the use and maintenance of the furnished residence occupied by the Minister for a period of three months immediately after his death.
(4) (a) The person who had held the office of the Chief Minister for a period of four years or more shall be entitled without any payment of rent to the use and maintenance of an unfurnished residence throughout his life time.
(b) In the event of the death of such person referred to in clause (a) his family shall be entitled without any payment of rent to use and maintenance of the residence occupied by him for a period of three months immediately after his death.
Explanation –
For the purposes of this section, "residence" includes the staff quarters and other buildings appurtenant thereto and the garden thereof and "maintenance" in relation to a residence includes provision of electricity and water and also payment of local rates and taxes.
Conveyance allowance.
6. Each Minister shall be entitled to---
(a) (i) a conveyance allowance of rupees (Substituted by The Salaries and Allowances of Ministers (Tripura) (Tenth Amendment) Act, 1999, w. e. f. 1. 3. 1999.) [eight hundred per month ;
(ii) the free use of a motor car, the cost of maintenance of which shall be borne by the Minister ; and
(iii) the services of a chauffeur ; or
(b) a conveyance allowance of rupees three hundred per month if he uses his own vehicle ; or
(c) the free use of a motor-car the entire cost of maintenance and propulsion of which shall be borne by Government subject to the following conditions, namely :--
(i) no conveyance allowance shall be admissible in such a case ;
(ii) in respect of journeys which do not qualify for traveling allowance within 8 kilometres from the head-quarters, no charges shall be payable upto a limit of 1800 kilometres per quarter and beyond this limit, charges at the rates prescribed under the Staff Car Rules as applicable to the Government servants of the State of Tripura shall be payable to Government ;
(iii) charges at the rates mentioned above will also be payable in respect of private journeys performed by the motor car beyond 8 kilometres from the head-quarters ; and
(iv) a log book shall be maintained for journeys referred to in sub-clauses (ii) and (iii) to facilitate payments to Government.
The option to one of the aforesaid alternative benefits, once exercised by a Minister, shall not be varied for one year.
Explanation –
For the purpose of sub-clause (ii) of clause (a), "maintenance" shall include the cost of petrol and oil, servicing, repairs (the cost of other repairs being less than twenty-five rupees) and other incidental charges but shall not include expenditure on insurance and fees for registration and municipal taxes.
Travelling and daily allowances.
7. (1) Subject to the provisions contained in the Schedule, a Minister shall be entitled to ---
(a) travelling allowance for himself and members of his family and for the transport of personal effects of himself and his family---
(i) in respect of journeyes to Agartala from his usual place of residence outside Agartala for the purpose of assuming office ; and
(ii) in respect of journey from Agartala to his usual place of residence outside Agartala on relinquishing office ; and
(Substituted by The Salaries and Allowances of Ministers (Tripura) (Ninth Amendment) Act, 1993, w. e. f. 1. 7. 1993.) (1A) Notwithstanding anything contained in this Act, when traveling on duty, a Minister may, if he considers it so necessary due to his illness or otherwise take with him one person for his assistance during such journey and such person if not a Government official shall be entitled to Travelling Allowance and daily allowance at the same rates at which the Travelling Allowance are payable to the Minister.
(2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof.
Medical facilities of Ministers.
8. A Minister and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment in accordance with the Medical Attendance Rules, as amended from time to time, applicable to Class I Officer serving in connection with the State of Tripura.
Advances to Ministers for purchase of motor-cars.
9. There may be paid to each Minister by way of a repayable advance such sum of money as may be determined by rules made in this behalf for the purchase of a motor-car in order that he may be able to discharge conveniently and efficiently the duties of his office.
Telephone facilities to Ministers.
(Inserted by The Salaries and Allowances of Ministers (Tripura) (Sixth Amendment) Act, 1989, w. e. f. 1.4.1988.) [9A. Each Minister shall be entitled to such telephone facilities installed in such places within the territory of Tripura as may be prescribed by rules made under this Act.
Ministers not to draw salary or allowances as members of the Assembly.
10. No person in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of the funds provided by the Assembly by way of salary and allowances to members thereof.
Notification respecting appointment of Minister etc. to be conclusive evidence thereof.
11. The date on which any person became, or ceased to be, a Minister shall be published in the Official Gazette and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a Minister on that date for all the purposes of this Act.
Power to make rules.
12. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for---
(a) the allotment of furniture to the residence of a Minister for furnishing it ; and
(b) the grant of repayable advance to a Minister for the purchase of a motor car.
(3) Every rule made under this Act, shall be laid as soon as may be after it is made, before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule shall 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 the rule.
(4) Nothing in this section shall debar the State Government from making any rule with retrospective effect.
Repeal of Act 6 of 1964.
13. The Salaries and Allowances of Ministers (Tripura) Act, 1964 is hereby repealed.
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SCHEDULE
(Sec section 7)
(Substituted by The Salaries and Allowances of Ministers (Tripura) (Tenth Amendment) Act, 1999, w. e. f. 1. 3. 1999.) [1. Travelling on duty :-
(1) When travelling on duty by railway or by road or by steamer or by air a Minister shall be entitled to draw travelling allowance at the maximum rates applicable to a first grade officer serving in connection with the State of Tripura and daily allowance at the rate as applicable to a Member of the Tripura Legislative Assembly.
Provided that a Minister who exercises option under clause (a) of section 6 and travels by a motor-car provided to him under the said clause, shall be entitled to travelling allowance at the following rates, namely :-
(i) if he travels by the motor-car more than 32 kilometres in one day , he may draw for the first 32 kilometres the mileage allowance and for the remainder of the journey three-fourths of such mileage allowance ;
(ii) if he combines with a journey by the motor-car a road journey by other conveyance, he may draw the mileage allowance admissible for the first 32 kilometres or for the journey by other conveyance, which ever is greater and for the remainder of the journey threefourths of such mileage allowance ;
(iii) if he combines with a journey by road, whether made wholly or partly in the motor-car, a journey by railway or steamer, he may draw mileage allowance for the journey by railway or steamer in addition to the allowances admissible under sub-clauses (i) and (ii) above for the journey by road :
Provided further that a Minister who exercises option under clause (b) of section 6, shall be entitled to no travelling allowance for journey upto 16 kilometres and for journey beyond 16 kilometres, he will be entitled to travelling allowance at the following rates, namely :--
(i) if the journey is performed otherwise than in his own conveyance, the travelling allowance, i.e. daily allowance, and/or mileage allowance, as admissible under the rules applicable to a first grade officer serving in connection with the State of Tripura may be drawn in full ;
(ii) if he travels by road in his conveyance, either in combination with the rail/steamer/air journey or otherwise, he may, at his option, exchange his conveyance allowance at the rate of 1/30th for each day for any travelling allowance i.e. daily and/or mileage allowance admissible to him under the rules applicable to a first grade officer serving in connection with the State of Tripura :
Provided also that a Minister who exercises option under clause (c) of section 6, shall be entitled to only daily allowance according to the rules applicable to a first grade officer serving in connection with the State of Tripura and he will not be entitled to any mileage allowance.
2. Travelling allowance on journeys for assuming and demitting of office - In respect of the journey to head-quarters from his usual place of residence for assuming office, or between head-quarters and his usual place of residence on demitting office, a Minister shall be entitled to travelling allowance on the scale for the time being admissible to a first grade officer serving in connection with the State of Tripura on transfer, subject to the modification that for journeys by rail, a Minister and the members of his family may travel by airconditioned class of accommodation :
Provided that a Minister may on such a journey carry personal effect, upto a maximum of 2400 kilograms for himself and his family.
3. Travel by air –
(1) A Minister may, in the public interest perform journeys on tour by air i.e. in an aircraft of Public Transport Undertaking plying for hire.
(2) On the cancellation of a journey due to official reason, a Minister shall be entitled to be reimbursed by Government any deduction made by the Air-transport Undertaking when refunding the fare on account of cancellation of the air passage.
(3) A Minister who does not utilise the free transport provided by the Air Transport Undertaking between the air-booking centre and the airport may also recover in respect of journey to and from the airport actual travelling expenses or road mileage as for journey on duty by road, whichever is less.
4. Travel by rail - A Minister shall---
(a) have the right to travel by a first class compartment or an A. C. Coupe, and
(b) have the right to reserve by requisition an ordinary first class compartment when travelling by railwayon duty.
5. Advance –
A Minister shall be entitled to—
(a) an advance of travelling allowance towards the cost of transporting himself and the members of his family and his family's effects—
(i) in respect of the journey to head-quarters from his usual place of residence outside head-quarters for assuming office ;
(ii) in respect of the journey from head-quarters to his usual place of residence outside the head-quarters on relinquishing office ; and
(b) an advance of travelling and daily allowance in respect of the tours undertaken by him in the discharge of his official duties whether by sea,land or air :
Provided that the provisions of rules 233 and 234 of the General Financial Rules,1963,shall apply to the advances made under this paragraph.
LIST OF AMENDMENTS.
1. The Salaries and Allowances of Ministers (Tripura) (Amendment) Act, 1975, w. e. f. 21. 4. 1975.
2. The Salaries and Allowances of Ministers (Tripura) (Second Amendment) Act, 1983, w. e. f. 11. 1. 1983.
3. The Salaries and Allowances of Ministers (Tripura) (Third Amendment) Act, 1985, w. e. f. 1. 9. 1985.
4. The Salaries and Allowances of Ministers (Tripura) (Fourth Amendment) Act, 1987, w. e. f. 1. 3. 1987.
5. The Salaries and Allowances of Ministers (Tripura) (Fifth Amendment) Act, 1988, w. e. f. 1. 7. 1988.
6. The Salaries and Allowances of Ministers (Tripura) (Sixth Amendment) Act, 1989, w. e. f. 1. 4. 1988.
7. The Salaries and Allowances of Ministers (Tripura) (Seventh Amendment) Act, 1990, w. e. f. 1. 4. 1990.
8. The Salaries and Allowances of Ministers (Tripura) (Eighth Amendment) Act, 1991, w. e. f. 1. 3. 1991.
9. The Salaries and Allowances of Ministers (Tripura) (Ninth Amendment) Act, 1993, w. e. f. 1. 7. 1993.
10. The Salaries and Allowances of Ministers (Tripura) (Tenth Amendment) Act, 1999, w. e. f. 1. 3. 1999.
11. The Salaries and Allowances of Ministers (Tripura) (Eleventh Amendment) Act, 2000, w. e. f. 4. 11. 2000.
