 bill no 211 of 1985 1'he salary, allowances and pension of members of parliament (amendment) bill, 1985 a billfurther to amend the salary, allowances and: pension of members of parliament act, i954 be it enacted by parliament in the thirty-sixth year of the republic of india as follows:-1 this act may be called the salary, allowances and pension of mem-short ders of parliament (amendment) act, 1986 title 30 of 1954 !l 2 h section 3 of the salary, allowances  ud pension of memhen of ameadment of section 3 parliament act, 1954 (hcreiuftcr referred to as the principal ad), for the word "_ven hundred and fifty rupees", the words ''one tbousand rupees" shan be substituted 3 in section 5 of the principal aet,-(a) in sub-section (1) ,-amendment of section 5 10 (i) in clause (b), for the words "if the journey", the words "if the journey, being a journey during a sitting of the committee;" shall be substituted; (14) for the second proviso and the ezplanation, the following proviso shall be substituted, namely:-15 "provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in· india not mote than once during a sitting of the committee"; (b) for sub-section (2), the following sub-sedion and explana-tions shall be substituted, namely:-'(2) every member shall be entitled to an amoudt equal to the fare hy air (or (!ach sinele journey by air (other than a joul",ney referred to in rt"ction  or the second proviso to sub-3 sect;on (1) of this section or section 6c) performed by him from any plact: in india tn any other place in india during his term of ofti('p as such membe,': provided that net ille-mber shall be entitled to any payment under th;s suh-section in respect of s~y journeys in excess of 10 sixteen per!01med by hjm during any year explanation i-the provisions of clause (c) of sub-section (1) and of sub-section (2) of section 4 shall, so far as may be, apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section explanation h-for the purposes of this section, "year" means,-(i) in the case of a person who is a member at the commencement of the salary allowances and pension of members of parliament (amendment) act, 1985, the year begin- 20-ning with such commencement and each of the subsequent years; (ii) in the case of a person who becomes a member after such commencement, the year beginning with the date on which his term of office as such member commences and each of the subsequent years!  23 amendmentot section 6d 4 in section 6d of the principal act, for the words, brackets and ftgures "sub-section (1) of section 5", the words, brackets and figures "sub-section (1) or sub-section (2) of section 5" shall be substituted substitution of 5 for section 8 of the principal act, the following section shah be 30 substituted, 'namely:-newbec-lion for stction 8 constituency allowance and amenities us r\ member sball he entitled to sueh constituency a1lowanee and to sucb medi('ai facilities for himself and for members of his family and to sucb housirlg', telephone, water, eleetriclty facilities or sueh amount in ca~h in lieu of all 01" any of such facilities, as may be 33 prescribed by rule'~ u"d(~r section 9" 6 in section sa of the principal act, in sub-section (1) ,-amendmental 1iec-tion8a (a) for the words ''three hundred rupees", at both the places where they occur, the words "five hundred rupees" shall be substituted; (b) in the second proviso, the words "so, however, that in no case the pension payable to such person shall exceed five hundred rupees per mensem" shall be omitted (c) after the second proviso the following proviso shall be added, namely:-5 "provided also that every penon, who has served for any period as a member of the provlslodall parliament and who is not entitled to any pension under the foftpldr provlslons of tbls sub-section, shall with dect from the codqdedceldedt of the salar,;" , allowances and pension of members of parliament (amendment) act, 1985, be entitled to a pension of ave hundred nqjees per mensem"; 10 (d) the elpzanation shall be renumbered as explanation 1 and in the explanation as so renumbered, for the words" brackets and figures "clauses (iv) and (1') of sub-section (1) ", the words "this sub-section" shall be substituted; (e) after explanation 1 as so renumbered, the following expzanation shall be inserted namely:-15 43 of 1951 20 "explanation 2-where in any general election held for the purpose of constituting a new house of the people, poll could not be taken in any parliamentary constituency or any part thereof on the date originally fixed under clause (d) of section 30 of the representation of the people act, 1951 on account of snow-falls or other weather cqllditions of an extreme nature in such constituency or part thereof or on account of such constituency or part thereof being inaccessible for any reason, the member ejected to such house from such constituency shall be deemed, for the purposes of this sub-section, to have served as a member of such house from the date of publication, under section n of the said act, of the notification relating to such house" 7 after section 8a, the following section shall be inserted, namely:-msertionot newaection sb 'ibb there may be paid to a member by way of a repayable advance such sum of money not exceeding twenty thousand rupees as may be determined by rules made in this behalf under section 9 for the purchase of a conveyance" advances for purchase of conveyance 8 in section 9 of the principal act, in sub-section (3) for clause (1), 35 the following clauses shall be substituted, namely:-amendment ef eectign9 "(f) the constituency allowance and medical and other facilities mentioned in section 8 and the amount to be paid in cash in lieu of such allowances and facilities; (ff) the amount which may be paid by way of repayable advance for the purchase of conveyance; the rate of interest thereon and the mode of recovery of such amount and interest thereon; and"  statement of objects and reasonskeeping in view the· recommendations of the joint committee on salaries and allowances of members of parliament and the demand made by the members it is proposed to amend the salary, allowances and pension of members of parliament act 1954, with a view to provide for the following:-(1) increase in salary from rs 750 to rs 1,000 per month (ii) facility of 16 single air journeys throughout the year to member; without any limitation as to its use only during the session~ (iii) (a) increase in minimum pension of ex-members of parliament from rs 300 to ps 500 per month and the abolition of the ceiling with respect to pension; (b) in cases where the elections are not held due to weather conditions, etc, such as in ladakh in jammu and kashmir and mandi in himachal pradesh, such period should be counted towards their eligibility period for grant of p~nsion; (c) grant of pension to the members of the constituent assembly who are not at present entitled to the same; (iv) advance for purchase of conveyance 2 the bill seeks to achieve the above objects new pelhj; h k l bhagat the 19th december, 1985 clause 2 of the bill f:eeks to amend section 3 of the salary, allowances and pension of members of parliament act, 1954, to increase th~ salary of the members of paruament from rs 750 per mensem to rs 1,000 per mt-nsem 2 clause 3 of the bill seeks to amend section 5 of the act to provide for the facility of sixteen single air journeys throughout the year to membt:rs of parliament without any limitation as to its use only during the sessions jnstead of the existing eight to and fro intermediate air' journeys during the sessions 3 clause 5 of the bill seeks to substitute a new section for the ex,-isting section 8 to provide for payment of constituency allowance to a member and medical facilities to such member and the members of his f{lmily 4 clause 6 of the bill seeks to amend section sa of the act for providing for the following:-(i) increase in the minimum pension of ex·members of parliament from rs 300 to rs 500 without any ceiling on maximum pension; (ii) grant of pension to persons who have been members of provisjonal parliament/constituent assembly 5 the above provisions would involve expenditure from the consolidated fund of india to the tune of rs 232 crores 6 the provisions of the bm will not involve any other expenditure c!ither recurring or non-recurring clause 8 of the bill which seeks to amend sub-section (3) of section 9 of the salaryt allowances and pension of members of parliament act 1954 empowers the joint committee of both the houses of parliament to make rujes to provide for certain additional matters these matters relate to the constituency allowance and the medical ~nd other facilities which a member shall be entitled to under section 8 of the act and the amount to be paid in cash in lieu of such allowance and' facilities and the amount which may be paid to a member by way of repayable advance for tbe purchase of conveyance, the rate of interest thereon and the mode of recovery of such amount and the interest thereon the matters with respect to which rules may be made under the proposed amendments relate to matters of detail or procedure the delegation of legislative power is thus normal in character  extracts from the salary, allowances and pensjon of members of parliami:nt act, 1954 (30 of 1954)   - - salaries and daily allowances 3 a member shall be entitled to receive a salary at the rate of seven hundred and fifty rupees per mensem during the whole of his term of office and subject to any ntles made under this act an allowance at the rate of seventy-five rupees for each day during any period of residence on duty      travell1n, allowances for intermediate journeys 5 (l) where a member absents himself for less than fifteen day~ during a session of a house oc parliament or a sitting of a committee for visiting any place in india, he shall be entitled to receive travelling allowances in respect of such journey to such place and for the return journey- - - - - (b) if the journey is performed by air, equal to one fare by :iir for each such journey: provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not so remained absent: provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in india-(a) not more than four times during a session lasting mere than seventy-five days; (b) not more than twice during a session lasting for seventy-five days or less; and (c) not more than once during a sitting of the committee expzanation-the provisions of clause (e) of sub-section (1) and of sub-section (2) of section 4 shall, so far as may be, apply to travelling allowances payable under this section as they apply to t~avelling allowances payable under that section (2) where in any year r member does not perform during any session any such journey as is referred to in the second proviso to sub-section (1), bt the number of such journeys performed by him during any setlsion special facility to blind and physically incapacitated members advanct';1 to officers ()i pariia- ment for purchase of motorcars is less than the maximum specified in that proviso with respect to such session, then, such member shall be entitled to perform all or as the case' may be, the remaining number, of such journeys during any other session or sessions in that year, in addition to the number of journey,; which he is otherwise entitled to perform under that proviso during such other session or sessions  - - - - - 6d a member who is blind or who is, in the opinion of the chairman of the council of states or, as the case may be, the speaker of the house of the people, so incapacitated physically as to require the facility of an attendant shall with respect to each such journey by air as is referred to in clause (b) of sub-section (1) of section 4 or clause (b) of sub-section (1) of section 5 or section 6c which he performs along with an attendant be entitled (in addition to the allowances which he is entitled under section 4 or section 5 or, as the case may be, section 6c) to an amount equal to one fare by air for such journey - - - - - 8 there may be paid to any officer of p~rliament by way of a repayable advance such sum of money as may be determined by rules made in this behalf under section 11 for the purchase of a motor-car in order that he may be able to discharge conveniently and efficiently the duties of his office - - - - - pension 105 of 1976 power to make rules 8a (1) with effect from the commencement of the salaries and allowanc of members of parlflment (amendment) act, 1976, there shall be paid a pension of three hundred rupees per mensem to every person who has served for a ~riod of five-years, whether continuous or not,-- - - - - provided further that where any person has served as aforesaid for a period exceeding five years there shall be paid to him an additional pension of fifty rupees per mensem for every year in excess of five, so, however, that in no case the pension payable to such person shall exceed five hundred rupees per mensem explanation-for the purposes of clauses (iv) and (v) of sub-section (1) "provisional parliament" shall include the body which functioned as the constituent assembly of the dominion of india immediately before the commencement of the constitution - - - - - t (1) - - - - - (3) the joint committee constituted under sub-section (1) may after consultation with the central government make rules to provide for all or any of the following matters, namely:-- - - - - (f) medical • housing, telephone, postal, water, electricity, constituency and secretariat facilities mentioned in section 8' and the amount to be paid in cash in lieu of all or any of such facilities; and - - - - - - ' bill further to amend the salary, allowances and pension of members of parliament act, 1954-(shri h k l bhjjgqt, minist'er of p4f li4mentary affairs iiu tourism) 