 the salaries and allowances of members of parliament (amendment) bill, 1958(as introduced in lok sabra)  the salaries and allowances of members of parliament (amendment) bill, 1958 (as introduced in lok sabha)a bill further to amend the salaries and allowances of members of parlia- ment act, 1954 be it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the salaries and allowances of mem- short title ben of parliament (amendment) act, 1958 z in section 2 of the salaries and allowances of members of amendment parliament act, 1954 (hereineiter referred to as the principal of lection2 act),-(a) in clause (b), for the words "but does not include", the words "but, save as otherwise expressly provided in this act, does not include" shall be substituted; (b) in clause (d), in sub-clause (i), for the words "end of the session", the words "date on which the house of parliament is adjourned sine die or for a period exceeding seven days" shall be, and shall be deemed always to have been, substituted 3 in section 3 of the principal act, for the word "plus", the words amenllment "and subject to any rules made under this act", shall be, and shall oflection 3· be deemed always to have been, substituted 4 in section 4 of the principal act,-amendment of section 4 (a) in sub-section (1) ,-(i) after the words "every journey performed by him", the words "in india" shall be inserted; (ii) for sub-clause (i) of clause (c), the following subclause shall be, and shall be deemed always to have been, substituted, namely:-"(i) where the journey or any part thereof is performer by steamer, an amount equal to one and three- s fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof, or, if there is no regular steamer service, such amount for each such journey or part thereof as may be prescrlb- 10 eel by rules made under section 9;"; (b) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) there shall be psid to a member in respect of a journey performed by him in the course of a tour outside india undertaken in the discharge of his duties as such 15 member, such travelling and daily allowances as may be prescribed by rules made under section 9" substitution 5 for section 6 of the principal act, the following section shall of new lee- be substituted namely:-hon for ' section 6 free transit by railway "6 (1) every member shall be provided with one free 20 ilon-transferable first class pass which shall entitle him to travel at any time by any railway in india explanation-for the purposes of this suh-sectioll, a member shall include a minister as defined in the salaries and allowances of ministers ad, 1952! and an officer of parliam~nt 25 58f 1952 as defined in the salaries and allowances ef officers of parlia· ment act, 1953, other than the chairman of the council of 20 of i953 states (2) a free railway pass issued to a member under subsection (1) shall be valid for the term of his office and on the ~o ~piration of such term, the pass shall be surrendered to the secretary of the house of the people or the council of states, as the case may b~: provided that where any such pass is issued to a new member before he takes his seat in either house of pal'liament, he 35 shall be entitled to use the pass for attending a session of that house for taking his seat therein (3) until a member is provided with a free railway pass under 5ub·section (1), he shall be entitled to an amount equal to one flnt class fare for any journey of the nature referred td 40 in sub-section (1) of aection 4 performed by him by rail (4) a member who on ceasing to b a member surrenclers hill pass under sub-section (2), shall, if he perfonns any return journey by rail of the nature referred to in sub-section (1) of section 4, be entitled, in respect of that journey to an amount 5 equal to one first class fare (5) nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this act" afmend~edt 6 in section 7 of the principal act, for the words "where the o soctlon 7  _ i b t h  f  f h f 10 m~'t:rva e ween t e termmation 0 one session 0 a ouse 0 is parliament or, as the case may be, one sitting of a committee and the commencement of another ~ssion or sitting at the same place", the following words shall be, and shall be deemed always to have been, substituted, namely:-"where the interval between the date on which a house of parliament is adjourned and the date on which it re-assembles at the same place after such adjournment or, as the case may be, between one sitting of a committee and the commencement of another sitting at the same place" 7 in section 9 of the principal act,-amondment 20 of section 9 (a) after sub-section (2), the following sub-section shall be inserted, namely:-25 "(2a) a member of the joint committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the joint committee may be filled by nomination by the chairman of the council of states or the speaker of the house of the people, as the case may be 30 explanation-in the case of a member of a joint committee holding office as such immediately before the commencement of the salaries and allowances of members of parliament (amendrlent) act, 1958, the period of one year shall be computed from the date of such commencement"; (b) in sub-section (3) ,-35 (i) after the word "may", the words "after consultation with th'e central government" shall be inserted; (ii) in clause (c), the following words shall be added at the end, namely:-"and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the government or a local authority;"; (iii) after clause (d), the following clauses shan be inserted, namely:-"(dd) the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service; s (ddd) the travelling and daily allowances admissible for journeys performed by a member in the course of a tour outside india undertaken in connection with his duties as such member;"; (c) after sub-section (4), the following sub-section shall 10 be inserted, namely:-" (5) all rules made under this section shall be laid for not less than thirty days before each house of parliament as soon as possible after they are made, and shall be subject to such modifications as parliament may make is during the session in which they are so laid or the session immediately following" amendedt of ecolon 10 8 section 10 of the principal act shall be re-numbered as subsection (1) thereof, and after the said sub-section as so re-numbered, the following sub-sections shall be inserted, namely:-20 "(2) all travelling and daily allowances paid to a member befote the commencement of the salaries and allowances of members of parliament (amendment) act, 1958, in respect of journeys performed by him in the course of a tour outside india in the discharge of his duties as such member, shall be deemed 2s to have been validly paid and the payment of such allowances shall not be called in question by any authority (3) all rules providing for any of the matters included in sub-section (3) of section 9 by the salaries and allowances of members of parliament (amendment) act, 1958, made 30 before the commencement of that act and in force at such commencement shall be deemed to have been validly made as if the said sub-section as amended by that act had been in force on the date on which such rules were made"  statement of objects and reasonsthe working of the salaries and allowances of members of parliament act, 1954, has presented certain difficulties in the matter of the reimbursement of the cost of travel by rail to a member when he has to perform his first journey from his usual place of residence to attend parliament before receiving a rail pass and his return journey to his place of residence after surrendering the pass the act does not provide for such reimbursement there is also no provision in the act for the payment of travelling allowances to members going abroad with parliamentary delegations, for journeys by sea otherwise than by steamer and the quantum of daily allowance which should be paid when a member is provided free board or lodging by the central or a state government or local authority the bill seeks to remove these difficulties the bill also seeks to provide for the issue of rail passes to ministers and officers of parliament other than the chairman of the council of states in the same way as they are provided to members of parliament opportunity has also been taken to incorporate certain clarificatory amendments s n sinha new delhi; the 18th september, 1958  financial memorandumthe bill provides for the payment of rail fare in cash to a member of parliament in case he has to perform his first journey from his usual place of residence to attend parliament before receiving a rail pass and his return journey to his place of residence after surrendering the pass as such payments will be in lieu of rail passes, no additional expenditure is involved in this provision the bill also provides for the issue of a first class rail pass to every minister and officer of parliament other than the chairman of the council of states in the same way as every member of parliament is entitled to receive it is not possible to indicate with any degree of accuracy the expenditure likely to be involved through this provision under the salaries and allowances of members of parliament act, 1954, a joint committee of members of parliament was empowered to make rules to provide for certain specified matters this bill further empowers the committee to make rules regarding certain other matters such as the quantum of allowances which should be paid to members going abroad with parliamentary delegations or when travelling by sea otherwise than by a steamer and when treated as state guests the delegation is of a normal character (30 of 1954) - - - - z in this act,-- - - - (b) "member" means a member of either house of parliament, but does not include-20 of i9s) (i) a minister as defined in the salaries and allowances of ministers act, 1952; and 58 of 19'a (ii) an officer of parliament as defined in the s laries and allowances of officers of parliament act, 1953; - - - - ,(d) "period of residence on duty" means the period during which a member resides at a place where a session of a house of parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sittini: or for the purpose of attending to such other business, and includes-(i) in the case of a session of a house of parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately s'lcceeding the end of the session; and (ii) in the case of a sitting of a committee or any other business, a period of such residence, not exceeding two days immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business; explanatiort-a member who ordinarily resides at a place where a session of a house of parlian:umt or a sitting ot a committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business (including the three or two days immediately preceding or succeeding), be deemed to reside at such place for the purpose of attending such session or setting or, as the case may be, for the purpose of attending to such other business; - - - - 3 a member shall be entitled to receive a salary at the rate of !u-:riea daily four hundred rupees per mensem during the whole of his term of allowance, office plus an allowance at the rate of twenty-one rupees for each day during any period of residence on duty 4 (1) there shall be paid to each member in respect of every travellilll journey performed by him for the purpose of attending a session of allowancea a house of parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence-(a) if the journey is performed by rail, an amount equal to one first class fare plus one third class fare for each such journey, irrespective of the class in which the member actually travels; (b) if the journey is performed by air, an amount equal to one and one-fourth of the air fare for each such journey; (c) if the journey or any part thereof cannot be performed by rail or air-(i) where the journey or any part thereof is performed by steamer, an amount equal to one and three-fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof; (ii) where the journey or any part thereof is performed by road, a road mileage at the rate of eight annas per mile for each such journey or part thereof explanation-for the purposes of sub-clause (ii) of clause (c) of this sub-section, the expression "journey" shall include the journey from and to the railway station, port or aerodrome to and from the usual place of residence of the member or, as the case may be the residence of the member at the place where the session of the house of parliament or a meeting of the committee is to be held or where any other business is to be transacted  - - - - free transit 6 every member shall be provided with one free non-transferaby railway ble first class pass which shall entitle him to travel by any railway in india at any time, but nothing contained in this section shall affect the payment of any travelling allowance payable to a member under any other provision of this act ~l,?wan'r rt 7 where the interval between the termination of one session of i~~l~: 0 a house of parliament or, as the case may be, one sitting of a combet tw~nttbe mittee and the commencement of another session or sitting at the ci1dui& ion dfonesession same place does not exceed seven days and the member concerned iddmm t~ elects to remain at such place during the interval, he shall be enco en  -ment of titled to draw for each day of residence at such place a daily allowanother etc ance at the rate specified in section 3: lession, provided that if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of a house of parliament or a sitting of the committee, as the case may be, and the provisions of section 5 shall apply accordingly - - - power 10 9 (1) for the purpose of making rules under the ~ction, there mate rula shall be constituted a joint committee of both houses of parliament consisting of five members from the council of states nominated by the chain-nan and ten members from the house of the people nominated by the speaker (2) the joint committee constituted under sub-section (1) shall elect its chairman and shall have power to regulate its procedure (j) the joint committee constituted under sub-section (1) may make rules to provide for all or any of the following matters, namely:-(a) the routes for the performance of any journey; (b) the manner in which fractions of a day shall be dealt with for the purpose of determining the daily allowance admissible for that day; , (c) the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey; (d) the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence;  (e) the form in which certificates, if any, shall be furnished by a member for the puipo3€ of claiming any allowance under this act; (f) medical, housing, telephone and postal facilities mentioned in section 8; and (g) generally for regulating the payment of daily and travelling allowances under this act (4) any rules made under sub-section (3) shall not take effect until they are approved and confirmed by the chairman of the council of states and the speaker of the house of the people and are published in the official gazette, and such publication of the rules shall be conclusive proof that they have been d·uly made 10 where a member is entitled to receive travelling allowance validation in respect of any journey performed by him by a railway before~: :~~n! the commencement of this act, he shall, notwithstanding the aboli- travelling tion of first class accomill99atiw) on such railway, be entitled and allowances be deemed always to have been entitled to receive travelling allowance in respect of such journey at the rates admissible to him in accordance with the law then in force, as if the first class accommodation had not been abolished on such railway and as if the member had in fact travelled by first class and, accordingly, the payment of any travelling allowance to such member in respect of such journey at the aforesaid rates shall be deemed to have been validly made and shall not be called in question' by any authority on the ground only that the first class accommodation had been abokished 01\ : such railway and that the member had not in fact travelled by first class  a billfurther to amend the salaries and allowances of members of parliament act, 1954 , the president has, in pursuance of clause (3) of article 117 of the constitution of india recommended to lok sabha the consideration of the bill secretary (shri satya narayan sinha, minister of parliamentary affairs) 