bill no 1:q oil j,t81  the governors (emoluments, allowances and pluvileges) bill, 1981 a bill "to  determine t'h,e emqluments, allowances and privileges of governors 13 it eqacte" by parliament in the tb,jrty-second year 01 the republic of 1ndtl& as fottowa:-short 1 (1) this act may be called the governors (emoluments, allow title, exaacat and prtvuegea) act, 1981 tent   and com-5 (,i) it utendi to the whole of india except the state of jarrunuand mence-kubmir ment (3) it shan come into force on such ~e as the central government may, by notifietlti6n' in the ~ial gazette, appoint deftnl-i in tbfj act, unleu the context otherwise requires,-tiodb 10 (4) "govemor" means the governor, or any person discharging the functions of the governor, of any state or of two or more states;  (b) "maintenance" ,-i;  (i) in relation to official residences, includes the provision !l,  ~; \ f 1 thoimt11t rt and water· k;~~ 0 e,ec_&t/i-, is (ii) in relation to motor vehicles, includt!s the pay and auowiid'cii' atchwfttunt and t1ieprovtsion of ou and petrol or otillj' fuel; " "   (c) "members of the family", in relation to a governor, means the spouse and the dependent children ot the governor; (d) "official residences", in relation to a governor, means such residences as may be specifieci by the president by noti1lcatiod in the official gazette, as the offlcial residences of the governor and 5 includes the staff quarters and other buildings appurtenant thereto and the iarderw thereof j (e) "rules" means rules made under thi$ act; (1) "state" does not include a union territory emolumej\ts 3 there shall be paid to every governor emoluments at the rate of 10 rupees five thousand five hundred' per mensem: provided that if a governor at the time of his appointment;7" (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 emolu- 15 ments 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 20 service, the commuted value thereof, by the amount of th8t , '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; or 25 (b) is in receipt of any' benefit by way of contributory provident fund, his emoluments shall be reduced by the pension~uivalent of such  benefi t  ~ (1) subject to any' rules made in: this behalf~ the president shall grant such leave to a governor as he may consider necessary 30 leave allowauee (2) wh~re 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 extedt, if any, to which the emohimentl of the ~vernor ~ liabl to b reduced 35 under the proviso to section 3  -5 a governor shall be entitled, without payment of rent, to the un of his official residences throughout his tenn of oftice and no icharge shall: fallon the governor personally in respect of the furnishing' or the maintenance of such residences 40 use, and maintenance of ofbdal resldejlef\ • household eatablillh-~t 6 subject to 'any rules made:in tlus bthal(no·~hrke shall fallon a governor personally in respect ot pay ~ ~owancea or pension or other emoluments paid to, or facwti~ ifovi~ ,r'l tl)e memben of the household establishment 'provided to the ·g~vrnor :  i 'j" , ~ ~'  j medica;\, treatment 7 subject to any rul~s made in this behalf, a governor and the members o~ his family shall be entitled during the term of his office and thereafter also, to free mectical attendance, accommodation and treatment in the, hospitals maintained by the central government or the 5 government of any state 8 (1) a governor shall be entitled to use without payment of rent conveyor hire, such number of m0tor vehicles as the president may by order anee determine  (2) no charge shall fan on a governor personally in respect of the 10 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 9 subject to 'any rules made in this behalf, a go~ernor shall 15 entitled 'to' travelling 'allowance for himself and the members of family a~d fox: the transport of his anrl 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 be travelhis ain, li11owanceon auumption or vacation of oftke 20 (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 allow-25 10 subject to any rules made in this behalf, a governor shall be entitled to such allowances for renewing the furnis~ings and for the maintenance 'of the official residences, as the president may by order determine ances for renewing furnishings and for  ll for the purpose of enabling a governor to discharge convenientmain ten-30 ly and with dignity the duties of his office, he shall be,-ance of official ,(i) entitled to such other privileges as may be prescribed by residences, rules made in this behalf, and other privileges and allow· ances (ii) p~id, subject to any rules madein this behalf, such amount, as the' president may, by general or special order determine by , way of the following, namely:-35 , '(0) entertainment allowance; (b) hospitality grant; ,(c) household establishment expenses; '(d) office expenr:;ps; 40 ,(e) contract allowance, ie, an allowance for miscellaneous ex~; - (t) tour' expenses; and  , (g) such other allowances or expenses as may be provided for by rules 12 (1) where, in the case of any governor, the president is aauaaed that the amopnt authorised under this act by way of any allaweneeior for meeting" any expenses with respect to any matterreq~to ,be iji-creased or that a need has arisen to sanction expenses :with res~ to any matter for which provision, though permlssibl~, _ nqt ~ made 5 in the rules made under this act, he may by special order increase such amount or sanction such expenses to such ex'tent as may be specified in s~ch order 1 ' -(2) an order may be made under sub-section (1) so as to have retrospective effert 10 (3) every order made under this section shall be laid, as 800ft as maybe after it is made, before both houses of parliament 13  (1) the president may; by notification in the oflci~ e  , make rules for the purpose of giving eflect to the pr0\9biodtl qfttdl;n:t power to make rut (2) in particular, and without prejudice to the generality of the fore- 15 io'ingpower, such rules may provide for all or any of the following matters, namely:-(0) grant of leave to a governor under section 4; (b) matters relating to' the household establishment pl'ovided to a governor under section 6; go (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 tbe ·ftunl1y of a governor under sub-section (3) of section 8; (e) the travelling allowance on assumption or vacation of dftlce 25 of a governor under section 9; (f) allowances for renewing the furnishings and for the mail)- 'j tenance of the official residences under section 10; (g) the privileges to which a gove;n;lor is entitled -nd e allowances or expenses payable to a governor under sectiqll 11 30 (j) every rule made by the president under tthis act sh8ll be 1a1d, as soon as may be after it is made, before each house of farlia,:plnt, while it is in session, for a total p'eriod of thirty days, which may be comprised in one session or in two or more successive sessioni, anti if; before the expiry of the session immediately following the  ioll or 35 the successive sessions aforesaid, both houses agree in making any modification in tbe rule or  both 'house8 agree that the rule mould 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, tbat any ~ uwdiftcation or annulment shall be without prejudice to the validity of anything prevlo~ly ~one under that rule 4° 14 (1) every special order issued, before the commencement of this " "d act, by the president in regard to the allowances, expensej (induding ti:~  medical expenses) or privileges of any governor (other than the gov ernor of nagaland) sball, 'ddtwithstantltll,g,that buchor4er was mad£: with 5 retrospective effect, or is inconsistent with any general order iswed under 1mylaw rib ~ io 1ho1e duttt4!rs, 'be as valid and tmective as if 8uchspeciat '01'der f6rmed 'part of this 1sub-:section and 'this subsection ba'd ,been lin 'force art alima:terial ,times (2) every general or special order issued, before the commeacement 10 of thif: act, by the presidoot in regard to the allowances, expenses {-i-eluding medical expenses) or privileges ot the governor of nagalanci shall, notwithstanding that such order was made with retrospectiye effe~,be as valid and effective as if it formed part ol this sub-section and this sub-section had been in force at all material times 15 11 liotbing coutained 'ill itilis act or the tules made thereunder shall savldj, have etjeet 'so as to ldimibisn 'the ·emolmntmts and tfnowancesof any goverdol' dmlijtg 1btb tel'lll fit 'o'ftice  statement of objects and reasonsclause (3) of article 158 of the constitution provides that a govemor shall be entitled to su~h emoluments, allowances and privileges as may be determined by parliament byiaw and until prov'isionin 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 parliarnent, the allowances and privileges of the governors were first regulated under' the government of india (governors' allowances and privi1e~s) order' (hereinafter 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 prauesh, 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 reflxation 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 realisti<! 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 expenditure 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 4 the bill seeks to achieve the above objects zail singh new dam; the 11th decem,ber, 1981, -, -, ,  memorandum regarding delegated legislationclause 12 of the bill seeks to empower the president to sanction by a special order (which may be made with retrospective effect) additional expenses of the nature mentioned therein in the light of the working of the existing government of india (governors' allowances and privileges) orders, it is considered necessary to make a provision for special orders to ccvercontingencies and situations of an exceptional nature wherein it might become unavoida~ly necessary for a governor to incur expenditure in excess of that provided in the rules or to incur expenditure with respect to a matter which could have been, but which has not actually been, provided for in the rules provision has been made in the clause for the laying of the order~ thereunder before both houses of parliament the delegation of power uiilder the clause may not be of the normal nature, but is necessary to meet exceptional contingencies and situations 2 clause 13 of the bill empowers the president to make rules for the purpose of giving effect to the provisions of the act sub-clause (2) of that clause specifies the matters in respect of which rules may be made under this clause these relate to matters relating to the household establishment of the governor, medical attendance and "treatment of the governor and the members of his family, the use of motor vehicles by the members of the family of the governor, travelling allowance on assumption or vacation of office, allowance for renewing the furnishings and for maintenance of the official residences, privileges to which the governor is entitled and the allowances or expenses payable to the governor the matters in respect of which rules may be made are of administrative detail and procedure, and as such; the delegation 0'1 legislative power is of a normal character , a bill tq determine the emqluments, auawances and privil~ -of governors ($ia~i zail singh, minilter of home ai"fr') 