REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 55] NEW DELHI, TUESDAY, NOVEMBER 2, 1982/KARTIKA 11, 1904
Separate paging is given to this part in order that it may be filed
as a separate compilation
LOK SABHA.
The following Bill was introduced in Lok Sabha on the 2nd Novem- ber, 1982: —
BILL NO. 142 OF 1982
A Bill further to amend the Salary, Allowances and Pensions of Members of Parliament Act, 1954.
BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:—
1. This Act may be called the Salary, Allowances and Pension of Short title.
Members of Parliament (Second Amendment) Act, 1982.
30 of 1954.
Amend- ment of section 4, 2. In section 4 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (hereinafter referred to as the principal Act), in sub-section (I).—
(a) in clause (a), for the words "third class", the words "second
class" shall be substituted;
(b) in sub-clause (ii) of clause (c), for the words "at the rate
of one rupee per kilometer", the words "at the rate of one rupee and
thirty paise per kilometer or at such higher rate as may be prescribed
by rules made under section 9 having regard to the highest rate
allowed to a Central Government officer of the First Grade in respect
of road journeys" shall be substituted.
3. In section 6B of the principal Act,—
(a) in clause (ii), for the words "third class", the words "first
Amend- ment of section 6B.
class" shall be substituted;
( 1)
2 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II—(jb) in clause (iii)t after the words "every session", the words
"and if stick journey or any part thereof is performed by air, to an
amount equal to the fare by air for such journey or part thereof
shall be inserted;
(c) in the proviso,—
(i) for the words "third class", wherever they occur, the
words "first class" shall be substituted;
(H) fox the words "shall he deducted from the difference
referred to in that clause.", the words "shall be adjusted against
the difference referred to in that clause; so, however, that the
menibejr shall not be entitled to claim the balance of such first
class fare left after such adjustment." shall be substituted.
4. In section 9 of the principal Act, in sub-section (3), after clause
(c), the following clause shall be inserted, namely: —
Amende mentol section 9.
"(cc) the rate at which road mileage shall be paid under sub-
clause (Li) of clause (c) of sub-section (1) of section 4;".
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3STATEMENT OF OBJECTS AND REASONS
Keeping in view the recommendations of Joint Committee on Salaries and Allowances of Members of Parliament, and the demand made by the Members on the floor of the House, it is proposed to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954, with a view to provide the following additional facilities to the Members of Parliament: —
(i) Increase in the rate of Road Mileage.
(ii) One free First Class Railway Pass for one person to accom- pany the Member when he travels by rail instead of the lowest class now admissible.
(iii) Free air travel facility to the spouse, if any, of the Member from the usual place of residence of the Member to Delhi and back, once during every session.
2. The Bill seeks to achieve the above objects.
NEW DELHI; BHISHMA NARAIN SINGH.
The 22nd October, 1982.
RECOMMENDATION OF THE VICE-PRESIDENT DISCHARGING THE FUNCTIONS OF THE PRESIDENT UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F. 4(10)/81-WS dated the 23rd October, 1982 from Shri H. K. L. Bhagat, Minister of State in the Ministry of Works and Housing and in the Department of Parliamentary Affairs to the Secretary, Lok Sabha.]
The Vice-President discharging the functions of the President having been informed of the subject matter of the proposed Salary, Allowances and Pension of Members of Parliament (Second Amendment) Bill, 1982, recommends for introduction in Lok Sabha under article 117(1) of the Constitution and for its consideration by Lok Sabha under article 117(3) of the Constitution.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to amend the principal Act to increase the sate of road mileage admissible to Members in respect of journeys perr formed by road from one rupee to one rupee and thirty paise. The clause also provides for the fixation, by rules, of a higher rate of road mileage.
2. Clause 3 of the Bill seeks to amend section 6B of the principal Act to provide for the following additional facilities: —
(i) one free First Class Railway Pass for one person to accom- pany the Member when he travels by rail instead of the lowest class now admissible;
(ii) free air travel facility to the spouse, if any, of the Member from the usual place of residence of the Member to Delhi and back, once during every session. (Th's is as an alternative to the existing facility to travel by rail in first class.)
3. The additional expenditure which would be involved, which will be of a recurring nature, is likely to be of the order of rupees seventy lakhs per year. The provisions of the Bill do not involve any other expenditure, whether of a recurring or non-recurring nature.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 2 of the Bill seeks to amend sub-clause (") of clause (c) of sub-section (1) of section 4 relating to the rate of road mileage in res- pect of road journeys performed by Members to provide that the rate shall be one rupee and thirty paise per kilometer or such higher rate as may be prescribed by rules made under section & having regard to the highest rate allowed to a Central Government officer of the First Grade in respect of road journeys. The delegation of power to make rules •under the provision pertains to a matter of detail. Further, the pro- vision itself spells out the guideline to which regard should be had in making the rules thereunder. The delegation of legislative power is, therefore, of a normal character.
AVTAR SINGH RIKHY, Secretary.