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REGISTERED No. D-(D)-72

रजिस्ट्री सं ० डी-(डी) -72

भारत का राजपत्र

The Gazette of India

असाधारण

EXTRAORDINARY

भाग II संण्ड 2

PART II-Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

नई दिल्ली, शनिवार, अगस्त 6, 1977 श्रावण 15 , 1899

सं० 28]

No. 28 ] NEW DELHI , SATURDAY, AUGUST 6, 1977 SRAVANA 15, 1899

इस भाग में भिन्न पृष्ठ संख्या वी जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABНА

The following Bill was introduced in Lok Sabha on the 6th August , 1977:

BILL NO . 91 OF 1977

A Bill to provide for the salary and allowances of Leaders of Opposition in Parliament .

BE it enacted by Parliament in the Twenty- eighth Year of the Republic of India as follows : -

1. (1) This Act may be called the Salary and Allowances of Leaders of Opposition in Parliament Act , 1977 .

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .

Short title and com- mence- ment. Definition 2.In this Act, " Leader of the Opposition " , in relation to either House of Parliament , means that member of the Council of States or the House of the People, as the case may be , who is , for the time being , the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People , as the case may be .

Explanation - Where there are two or more parties in opposition to the Government, in the Council of States or in the House of the People having the same numerical strength , the Chairman of the Council of States or the Speaker of the House of the People as the case may be , shall , having regard to the status of the parties , recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive

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[PART II 546

3. There shall be paid to each Leader of the Opposition a salary of two thousand, two hundred and fifty rupees per mensem .

Salary of-Lea- dersof Opposi- tion Residence for Lea- dersof Opposi- tion.

4. (1) Each Leader of the Opposition shall, so long as he continues as such Leader and for a period of one month immediately thereafter , be entitled without payment of rent to the use of a furnished residence and no charge shall fall on the Leader of the Opposition personally in respect of the maintenance of such residence .

(2) In the event of the death of a Leader of the Opposition , his family shall be entitled to the use of the furnished residence occupied by him-

(a) for a period of one month immediately after his death , with- out payment of rent and no charge shall fall on his family in respect of the maintenance of such residence , and

(b) for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf by the Central Government and also charges in resppect of electricity and water consumed in that residence during such further period .

Explanation . For the purpose 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 the payment of local rates and taxes and the provision of electricity and water.

5. Subject to any rules made in this behalf by the Central Govern- ment , a Leader of the Opposition shall be entitled to

(a) Travelling allowances for himself and the members of his family and for the transport of his and his family's effects

(i) in respect of the journey to Delhi from his usual place of residence outside Delhi for assuming office, and

Travel- -ing and daily allow- ances to Leaders ofOppo- sition.

(in) in respect of the journey from Delhi to his usual place of residence outside Delhi on relinguishing office , and

(b ) Travelling and daily allowances in respect of tours under- taken by him in the discharge of his duties as Leader of the Oppost- tion , whether by sea, land or air .

6. Subject to any rules made in this behalf by the Central Govern- ment, a Leader of the Opposition 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.

7. No Leader of the Opposition in receipt of a salary or allowance under this Act shall be entitled to receive any sum out of funds provided by Parliament by way of salary or allowance in respect of his member- ship of either House of Parliament .

Medical treat- ment, etc. , to Lea- dersof Opposi- tion, Leaders of Opposi- tion not to draw salarly or allow- ances as Members ofParlia- ment.

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547

8. ( 1) Subject to any rules made in this behalf by the Central Gov- ernment , each Leader of the Opposition shall be entitled to telephone and secretarial facilities .

Amenities to Lea- ders of Opposi- tion .

(2) Subject to any rules made in this behalf by the Central Govern- ment, each Leader of the Opposition shall be entitled to a conveyance allowance of three hundred rupees per month .

9. The date on which any person became or ceased to be a Leader of the Opposition 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 Leader of the Opposition on that date for all the purposes of this Act

Notifica- tion res- pecting the date on which persons became or ceased to be Leaders ofOpposi- tion to be conclu- sive evidence thereof

10. (1 ) The Central Government may , by notification in the Official Gazette, make rules for carrying out the purposes of this Act .

Power to make rules.

(2) In particular, and without prejudice to the generality of the fore- going power, such rules may provide for all or any of the following matters , namely

(a) the rates at which rent shall be payable by the family of a deceased Leader of the Opposition to the use of the furnished resı- dence occupied by him under clause ( b) of sub - section ( 2 ) of sec- tion 4;

(b ) the travelling and daily allowances admissible to a Leader of the Opposition under section 5,

(d) the telephone and secretarial facilities admissible to a Leader of the Opposition and the conditions subject to which he shall be entitled to conveyance allowance under section 8.

(3 ) Everv rule made under this section shall be laid, as soon as may be after it is made , before each House of Parliament , while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions afore- said, both Houses agree in making any modification in the rule or both Houses agree that the rule should 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 with- out prejudice to the validity of anything previously done under that rule 11. In the Salary, Allowances and Perision of Members of Parliament Act, 1954.

(i) in clause ( b ) of section 2 ,-

Amend- ment of Act 30 of 1954 (a) in sub-clause ( 2) , the word " and" at the end shall be omitted;

548

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[PART II-

(b) after sub-clause ( ii) , the following sub- clause shall be inserted , namely:

" ( iii ) a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977;" ;

(ii) in the Explanation to sub - section ( 1 ) of section 6 , after the words and figures " the Salaries and Allowances of Ministers Act , 1952, " , the words and figures " a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act , 1977 , " shall be inserted ;

(iii) in sub - section ( 4) of section 8A ,-

(a) for the words " an officer of Parliament " , the words " as an officer of Parliament " shall be substituted ; and

(b) for the words " , or both " , the words and figures " or as a Leader of the Opposition as defined in the Salary and Allow- ances of Leaders of Opposition in Parliament Act , 1977 , or has served in all or any two of such capacities " shall be substituted .

12. In the Parliament (Prevention of Disqualification ) Act , 1959 , in section 3 ,--

Amend- ment of Act10 of1959.

(i) after clause ( a) , the following clause shall be inserted, namely: -

"(aa) the office of a Leader of the Opposition in Parliament; " ;

(i ) the Explanation at the end shall be numbered as Explana- tion 1, and after Explanation 1 as so numbered the following Explanation shall be inserted , namely: -

Explanation 2 -In clause ( aa) , the expression " Leader of the Opposition " shall have the meaning assigned to it in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 ' .

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STATEMENT OF OBJECTS AND REASONS

In a Parliamentary democracy , the leader of the opposition has an important role to play . In the United Kingdom , Australia and Canada, the leader of the opposition has been accorded statutory recognition . In India, a number of States have started giving facilities and amenities to the leaders of the opposition in the State Legislative Assemblies . Having regard to the important role of the leader of the opposition in a Parlıa- mentary democracy, it is considered that the Leaders of Opposition in the House of the People and the Council of States should be accorded statu- tory recognition and given salary and certain other facilities and ameni- ties to enable them to discharge their functions in Parliament. The Bill mainly seeks to achieve the above objects .

2 Certain consequential amendments to the Salary , Allowances and Pension of Members of Parliament Act, 1954 and the Parliament (Pre- vention of Disqualification) Act , 1959 are also being proposed in the Bill.

RAVINDRA VARMA.

NEW DELHI;

The 4th August , 1977.

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[PART II

550

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the payment to each leader of the opposition a salary of two thousand , two hundred and fifty rupees per month , Clause 4 provides for housing facilities to each leader of the oppo- sition. Clauses 5 and 6 of the Bill provide for travelling and daily allow- ances and medical treatment to each leader of the opposition . Under clause 8, each leader of the opposition shall be entitled to telephone and secretarial facilities as may be prescribed by rules Clause 8 also provides for the payment of a conveyance allowance of three hundred rupees per month to each leader of the opposition .

2. Expenditure towards the payments , referred to above , cannot be esti- mated precisely However, the expenditure will, approximately , be two lakh rupees per annum

3. There will be no non-recurring expenditure , THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2 ]

551

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act . Sub-clause ( 2) of this clause enables the Central Government to make rules to provide for the rates at which rent shall be payable by the family of a deceased Leader of the Opposition to the use of the furnished residence occupied by him , the travelling and daily allowances , the medical treatment and the tele- phone and secretarial facilities admissible to a Leader of the Opposition .

2. The matters in respect of which rules may be made are matters of procedure or detail . The delegation of legislative power is , therefore , of a normal character .

AVTAR SINGH RIKHY , Secretary .

PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1977