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REGISTERED No.D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 343] NEW DELHI, TUESDAY, NOVEMBER 1,1977/KARTIKA 10, 1899

Separate paging is given to this Part in order that it may be filed

as a separate compilation

DEPARTMENT OF PARLIAMENTARY AFFAIRS

NOTIFICATIONS

New; Delhi, the 1st November 1977

G.S.R. 664(E).—In exercise of the powers conferred by sub-section (2) of sec- tion 1 of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977), the Central Government hereby appoints the 1st day of Novem- ber, 1977, as the date on which the said Act shall come into force

[No F. 12(l)/77-R&C]

(2075)

G.S.R. 665(E),—In exercise of the powers conferred by section 10 of the Salary and Allowances of Leaders of Opposition In Parliament Act, 1977 (33 of 1977), the Central Government hereby makes the following rules, namely:—

1. Short title.—(1) These rules may be called the Lenders of Opposition in Parliament (Allowances, Medical and other Facilities) Rules, 1H77.

(2) They shall come Into force on the date of their publication in the official Gazette

2. Definitions.—In these rules unless there is anything repugnant to the subject or context—•

(i) "Act" means the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977),

(h) "actual travelling expenses'' meuns the actual cost of travel of the Leader of the Opposition and his .servants and includes the cost of transporting his personal luggage, but does not include the charges for hotels, travellers' bunglows or refreshments or for the carriage of stores or conveyances or for such incidental losses or expenses at. the bieakage of the crokery, wear and tear of furniture and the employment of additional servants,

(ill) "family" means, except in relation to rule 10, the wife of the Leader of the Opposition residing with him and the legitimate childien and step children residing with and wholly dependent on him

Expiation 1.—Not more than oue wife is included in a family for the purposes of these rules

Explanation 2,— If the Leader of the Opposition is a married woman, "family" will include her husband residing with and wholly dependent on her;

(iv) "first cjdss compartment" means a two-berthed or four-berthed first class compartment or an air-conditioned coupe or four-berths in an air- conditloned two-tier sleeper coach,

(v) "Form" means a form appended to these rules, (vi) "travelling allowance" means an allowance granted to the Leader of the Opposition to cover the expenses which he incurs in travelling in the discharge of his duties as such Leader as against travelling in personal interest or in the interests of the party to which he may belong or for private purpose, such as journeys for rest or recoupment of health or for attending party meetings or for election campaign.

3. Size of residene.—The Leader of the Opposition shall be allotted a resident of which the standard rent, or if the rents have been pooled, the Pooled standard rent calculated in accordance with the pi "visions of the Fundamental Rule 45-A. does not, as far as possible, exceed IK 650 per month.

4. Furniture and electrical appliances.—(1) The value of furniture and electrical appliances provided free of rent m a residence allotted under section 4 of the Act shall not exceed thirty-eight thousand and five hundred rupees

(2) For every article of furniture or electrical appliances provided in such lesi- dences, in excess of the limits specified in sub-rule (1), the Leader of the Opposition shall be liable to pay rent at the same rates as are applicable to Government servants, together with the departmental charges.

5 Rent for residence by family after the death of the Leader of the Opposition.— Where, after the death of the Leader of the Opposition his family continues to occupy the residence which had been occupied by him immediately prior to his deathj' in respect of the period specified in clause (b) of sub-section (2) of section 4 of the Act, the family shall be charged rent in accordance with the provisions of Fundamental Rule 45-A, or, if the rents have been pooled, the pooled standard rent under Fundamental Rule 45A

6 Rent for period of over-stay.—Where the Leader of the Opposition, on ceasing to be euch Leader, occupies a residence beyond the period speciefld in section 4 of the Act, he shall be liable to pay, for the period of over-stay rent calculated in accordance with the provisions of Fundamental Rule 45-B, together with full dpart- mental charges, or If the rents have been pooled, the pooled standard rent under F R 45-A, whichever is higher.

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7 Inventory of furniture and fittings.—An inventory of furniture, fittings and electrical appliances provided in a residence allotted to the Leader of the Opposition shall be prepared and verified penodicallv in accordance with the instructions issued by the Central Government from time to time

8 Travelling Allowance for assuming and relinquishing office.— (1) In respect of the lourneys of the Lender of the Opposition uqrier sub-clauses (I) and (n) ctf clause (a) of yection 5 of the Act, he¹ shall be entitled to travelling allowance on the scale for the time being admissible to a Central Government servant of the first grade on transfer, subiect to the modification that as regards lourneys by rail, the Leader of the Opposition and members of his family may travel by air- conditioned class of accommodation

(2) In lieu of drawinc tiavellinc allowanco under sub-rule (1), the Leader of the Opposition may, at his option, travel by rail on tho following terms-— (a) any accommodation wmch he will be entitled to reserve bv requisition

after assuming office will, if practicable be placed at his disposal;

(b) the charge for haulage of the reseived accommodation will be paid by

the Government, and

(c) the Leader of the Opposition shall pav to tho Government the fare which he would have paid if no accommodation hud been reserved and shall, in addition, pay in cash to the Station Master of the station from which the journey commences, the fares for any member of his family accompanying him, whether they share his reserved accommodation or not All such fares shall be credited to the Government. 9 Travelling Allowance while on duty.—In respect of tours undertaken by the Leader of the Opposition in the discharge of his duties as such Leader,—

(a) he mav. at his option, reserve a first class compartment bv requisition, or

travel bv taking a single berth in a first class compartment, (b) he may travel bv air in a regular air service and recover in respect of such travel the air fare paid by him (except when fare is paid by the Government direct to the company);

(c) (i) when travelling by road or stenmer. whether In Government transport or otherwise, he may recover his actual travelling expenses appending to his bill a certificate in Form I

(n) when travelling bv road In his private car, he mav, In lieu of the actual travelling expenses admissible under sub-clause (1), draw, at his option, a mileage allowance at the rate of thirty-two paise per kilometer.

10 Conveyance of other persons and servants.— (1) The Leader of the Opposition when travelling in the discharge of his duties as such Leader, 13 entitled without payment to,—'

Eocplanation 1 —Daily allowance admissible under this sub-rule shall be calcu- lated on the basis of the period of halts which shall beein from the time the forward journey ends at the actual place of halt and shall end at the time the return or further lourney commences therefrom, Such calculations shall be made as under¹ —

(1) Halt upto six hours Nil

(2) Halt exceeding six hours but Half daily allowance

not exceeding 12 hours

(3) Halt exceeding 12 hours but Full daily allowance

not exceeding 24 hours

(4) Halt exceeding 24 hours One daily allowance for every 24 hours' halt For a fraction of 24 hours, at the end of halt, daily allowance shdll be calculated in accordance with Ihe entries (1). (2) nr (1) above, as the case may be

Explanation 2 •—If the Leader of the Opposition halts at more than one station during his tour, each continuous halt shall separately qualify for daily allowance under this sub-rule, provided that, in respect of halts at different stations on the same day, not more than one daily allowance shall be admissible in the aggregate

(2) For each continuous halt on tour exceeding ten days, daily allowance will be admissible,—

(i) at the rate specified in sub-rule (1) for the first ten days;

(ii) at three fourths of those rates for the succeeding 20 days and

(ill) at one-half of those rates thereafter

NOTE—A halt on tour shall be treated as continuous unless terminated bv an absence at a distance exceeding 8 kms from the halting place for a period covering not less than seven consecutive nights

12 Allowance when treated as State Guest.—When the Leader of the Opposition is treated as a State Guest during hi-, stay at a place visited by him in the discharge of his duties as such Leader and is provided with free boarding and lodqinu at the expense of the State, he shall, if he draws daily allowance, limit it to his actual expenses subject to a maximum of the full allowance admissible under these rules

13 Journeys outside India.— (1) Where the Leader of the Opposition performs a journey outside India in the discharge of his duties as such Leader, he shall be entitled to the following travelling and other allowances in respect of such journey, namely —

(a) (i) Travelhna Allowance—For that part of the journey which the Leader of the Opposition undertakes in India, travelling allowance will be regulated in accordance with rule 9

(n) Passage—For the journey undertaken outside India free return air-cum rail-cum-tea passage by the shortest route will be provided bv the First Class in air and rail journeys and First Class-C grade passage in journey by sea or by any lower class by which the Leader of the Opposition actually travels, from the last port of emplanement or embarkation in India to the place visited m the foreign country and back Rail travel will include sleeping berth during nights

("ill) Luggage — The leader of the Opposition can carry with him not exceed- ing 40 kilograms or luggage including the free allowance allowed by the Air Transport Companies

(b) Daily Allowance, — (1) Dally allowance as admissible to a grade I officer of the Central Government will be paid on the basis of nights spent at the place of business in connection with his work in the foreign country in accordRnce will the rates prescribed by the Ministry of External AfTairs, from time to time

(ii) Two-third of the daily allowance will also be paid during the period of journey by rail provided the cost of food is not Included In the rail fare paid.

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(iiij The Leader of the Opposition will not be entitled to any daily allowance admissible under any other -ules, for the period spent outside India

(c) Other Expenses —The Leader of the Opposition is entitled to —

(1) free board and lodging expenses at enforced halts en route where the Air Companies do not provide the same subject to the maximum daily allowance admissible at the place of halt,

(n) actual expenses Incurred on passport fees and vaccination and inocu- lation certified'cq subject to the production of receipts

(ill) incidental expenses such as tips taxi hire and cabfare incurred on duty on production of the necessar-y vouchers

Provided that whe e the receipts or \ouchers for actual or incidental expenses incurred JIC not available the expenditure shall be reimburslble on the basis of the certificate¹ of the Leader of the Opposition that it was actually incurred

(2) The Leader of the Opposition who claims the actual or incidental expenses under sub-rule (l)(c) shall support his claim by the certificates in form III

14 Travelling expenses for iournev of family on the death of a leader of the

(2) The posts mentioned in sub-rule (1) shall carry the same status and scales of pay as are applicable to corresponding posts on the Personal Staff of a Cabinet Minister under the Central Government

If) Coiiveyauce Allowance —The conveyance allowance admissible to the- Leader of the Opposition under sub-section (2) oi section 8 of the Act shall be paid to him on production of a certificate in Form IV.

20 Interpretation.—If any question arises as to the interpretation of these rules, it shall be referred to the Central Government for decision.

FORM I

[Clause (c)(i) of rule 01

I certify that I have actually paid the amount of this bill and that It docs not Include any charge for the freight of any stores or goods, other than my personal luggage, or any charge for refreshments, hotels or travellers' bungalows

FORM II

Lrule 10(2) ]

CERTIFICATE

1 Certified that no person travelled with me in the Reserved Compartment

2 Certified that Private Secretary/Personal Assistant travelled with mo in the reserved accommodation and that he actually purchased a ticket of the class of accommodation to which he is entitled

3 Certified that a relative ot mine travelled with me in the reserved accommo- dation, without payment of anv fare, as authorised.

4, Certified that — extra person/s travelled with me in the reserved accommodation and that necessary first class/air-conditioned class tickets were purchased by them.

(NOTE —Please score out the paragraphs which are not applicable )

FORM III

(rule 13)

CERTIFICATE

1 Certified that expenses incurred on passport fees/vaccination and inoculation certiflcatPS were in the interest of the work of the Delegation and that rates of taxi-hire etc are in accordance with the prevailing rates and the expenditure on these items was reasonable.

2 Certified that the expenditure on account of tips included in the bill is not more than what has been actually Incurred

FORM IV

(rule 19)

CERTIFICATE

Certified that I have incurred an expenditure of not less than Rupees three

hundred on conveyance during the month of- —,— in the discharge of my

duties as the Leader of the Opposition,

TNo F. 12(3)/77-R&C]

K N. KRISHNAN, Secy.

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PitfNl'ED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD,

NEW DKLHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI. 1 9 77