 bill no 90 of 1976 the salaries and allowances of members of parliament (amendment) bill, 1976a bill further to amend the salaries and allowances of members of parliament act, 1954 be it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 this act may be called the salaries and allowances of members of parliament (amendment) act, 1976 short title amend ment of lon, title 30 of 1954 s 2 in the salaries and allowances of members of parliament act, 1954 (hereinafter referred to a's the principal act), in the long title, for the words "salaries and allowances", the words "salary, allowances and pension" shall be substituted amend ment of section 1 3 in section 1 of the principal act, in sub-section (1), for the words 10 "salaries and allowanes" the words "salary, allowances and pension" shall be substituted amend_ ment of section 2 4 in section 2 of the principal act, in sub-clause (b) of dause (e), for the words "the period beginning with the date when such member takes his seat in the house of the people or the council of states, as is the case may be", the words and figuj'es "the period beginning with the date on which such member makes and subscribes the oath or affirmation a8 required by artic;ll' " ~f the constitupon" shall be substituted amend_ ment of section 5 5 section 5 of the principal act shall be re-numbered as sub-section (1) thereof and after that sub-section as so re-numbered, the following sub-section shall be inserted, namely:-"(2) where in any year a member does not perform during any session any such journey as is referred to in the second proviso to s sub-section (1), or the number of such journeys performed by him during any session 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 10 year, in addition to the mlinber of journeys which he is otherwise entitled to perform under that proviso during such other session or sessions" 6 after section 68 of the principal act, the following section shall be inserted, namely:-is insertion of new section 6c air travel facilities in certain circumstances "oc without prejudice to the other provisions of this act, where during any part of a year the usual place of residence of a member in his constituency is inaccessible to or from any place outside his constituency by road, rail or steamer due to climatic conditions but there is air service between any place in his constituency, 20 and the nearest place, having rail service, outside his constituency, such member shall be entitled to travel to and fro by air from 'the nearest place in his constituency where there is air service to such pike having rail service: provided that where tbe nearest place having air service is out· 25 side his constituency, such member shall be entitled to travel to and fro by air only from such place to the nearest place having ran service" 7 after section 8 of the principal act, the following section shall be inserted, namely:-30 insertion of new section sa pension 3s "8a (1) with effect from the commencement of the salaries and allowances of members of parliament (amendment) act, 1971, there shall be paid a pension of three hundred rupees per mensem to every person who has served for a period of five years as-(il) a member of thf! council of states; or '(ii) a member of the hou'te of the people; or (iii) partly as a member of the councu of statefj add partly as a member of the house of the people; or parliament, constituent 40 before the (iv) partly as a member of the provisional that is to say the body which functioned as the assembly of the dominion of india immediately commencement of the constitution, and-(a) partly as a me'llber of the council of states and partly as a member of the hous-eo of th~ people, or (b) partly as a member of the council of states or part- 45 iy as a member of the house of the people: provided that where any person h~ served as aforesaid for a period exceeding five years, there sball be paid to bhn an 8ihtltional pension of fifty rupees per mensem for every year !in 'excels of five, so, however, that in no case the pension payable to 'iuch so person shall exceed five hundred rupees per me~m, (2) where any person entitled to pension under sub-section (1),-(i) is elected to the office of the president or vife-president or is appointed to the office of the governor of any state or the administrator of any union territory; or s 19 of 1966 10 (ii) becomes a member of the council of states or the house of the people or any legislative assembly of a state or union territory or any legislative council of a state or the metropolitan council of delhi constituted under section 3 of the delhi administration act, 1966; or is (iii) is employed on a salary under the central govern- ment or any state government, or any corporation owned or coiltrolled by the central government or any state guvernment, or any local authority or becomes o·therwiseentitled to any remuneration from such government, corporation or local authority, such person shall not be entitled to any pension under sub-fleetion (1) for the period during which he continues to hold sueh oftlce or as such member, or is so employed, or continues to be entitled to such remuneration: provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remuneration referred to in clause (iii) payable to such person, is, in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section (3) where any person entitled to pension under sub-section (1) is also entitled to any pension from the central government or any state government, or any corporation owned or controlled by the central government or any state government, or any local authority, under any law or otherwise, then,-(a) where the adlowlt of pension to which he is entitled under such law or c1therwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be entitled to any pension under that sub-section; and 3s (b) where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub-section (1), sucb person shall be entmed to pensfloo under that sub-section only of an amount which lalla short of the amount of pension to which he is otherwise entitled under that sub-section" 8 in sub-section (3) of section 9 of the principal act,-amend_ mentol (a) after clause (e), the following clause shall be inserted, section 9 namely:-ii (ee) the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this act;"; ( (b) in clause (g), for the words iidaily and travelling al~owan­ees", the words iidaily and travelling allowances and pension shall be substituted ' so  statement of objects and reason'sthe object of the bill is to amend the salaries and allowances of members of parliament act, )954 with a view t() entitling members of parliam$!nt to-(a) free, air travel facility when the w;,ual place of residence of a member is inacces~ible by rdad or rail or steamer due to cli,;, matic conditions; (b) salaries and allowances, etc, from the date of taking oath; and tc) undertake unutilised intermediate air journeys in subsequent sessions prbvision is also being made entitling ex-members of parliament to pension 2 the above amendments are being made in the light of the recommendations made by the joint committee on salaries and allowances of members of parliament new delhi; the 27th august, 1976 k raghuramaiah  president's recommendation under article 117 of the constitution of india[copy of letter no f 4 (12) 176-r&c, dated the 28th august, 1976 from shri k raghu ramaiah, minister of works and housing apd parliamentary affairs to the secretary-general, lok sabha] the president having been informed of the subject matter of the proposed salaries and allo~ances of members of parliament (amendment) bill, 1976, recommends, under artide 117 (1) and (3) of the constitution, the introduction and consideration of the said bill in lok sabha   •clause 4 of the bill seeks to amend section 2 of the principal act under the proposed amendment, a member of parliament will be en  titled to salaries and allowances and other benefits under the act from the date on which he makes and subscribes the oath or affirmation as required by article 99 of the constitution the expenditure involved in advancing the date from which a member will be entitled to salaries, ek, under the act will be negligible 2 clause 6 of the bill seeks to insert a new section 6c in the principal act under the proposed section, members of parliament will be entitled to additional air travel facilities in certain circumstances ~e amount of expenditure that will have to be incurred on this account is not likely to exceed ten thousand rupees per annum 3 clause 7 of the bill seeks to insert a new section sa in the principal act under the proposed section, a pension ranging from three hundred rupees to five hundred rupees per mensem is proposed to be paid to ex-members of parliament it is estimated that an amount of one crore rupees will have to be incurred every year on this account 4 there will be no non-recurring expenditure clause 8 of the bill seeks to amend st1b-'section (3) of section 9 of \he salaries and allowancell of members of parliament act, 1954 under the proposed amendment, the joint committee is being empowered to make r~s relating to the form in which certificates, if any, shall be furnished by a person for the purpose of claiming any pension and generally for regulating the payment of pension the matters with respect to which the joint committee is being empowered to make rules are matters of procedure and detail the delegation of legislative power is, therefore, of a normal character  annexure extracts from the salaries and auowances of members of palllia:m:ent act, 1954 (30 of 1954)an act to provide for the salaries and allowances of members of parliament - - - - - - commencement 1 (1) this act may be called the salaries and allowances of mem-short bers of parliament act, 1954 title and - - -  - - 2 in this act,-  -  - - (e) "term of office" means,-- - - - (b) in relation to a new member, the period beginning with the date when such member takes his seat in the house of the people or the council of states, as the case may be, and ending with the date on which his seat becomes vacant  - - - - - 9 (1) - - - - - power to make rule  (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:-- - - - - (g) generally for regulating the payment of daily and travelling allowances under this act - - - - -  a billfurther to amend the salariet:- and allowances of members of parliament act, 1954 (shri k raghu ramaiah, minister of works and housing and parliamentary affairs) 