Bihar Gazette, 28 December 2021

;बपकरू4द्ध

ख्;बपकरू3द्ध;बपकरू3द्ध ख्;बपकरू8द्ध

;बपकरू4द्ध ;बपकरू4द्ध ;बपकरू4द्ध;बपकरू4द्ध ;बपकरू13द्ध;बपकरू4द्ध

;बपकरू17द्ध ;बपकरू19द्ध 1;बपकरू22द्ध43 ;बपकरू25द्ध;बपकरू26द्ध;बपकरू27द्ध

;बपकरू28द्ध;बपकरू26द्ध ;बपकरू4द्ध 1;बपकरू26द्ध2;बपकरू17द्ध;बपकरू4द्ध ;बपकरू28द्ध;बपकरू4द्ध 2ष् 2;बपकरू26द्ध21

संसदीय कार्य विभाग ——— अधिसूचना 23232323 दिसम्बरदिसम्बरदिसम्बरदिसम्बर 2021202120212021

सं0 सं0का0-01/वि0मं0(सदस्यों का वेतन एवं भत्ते) 05-06/2017-906—संसदीय कार्य विभाग, बिहार, पटना की अधिसूचना संख्या-930 दिनांक 23.09.2006 का निम्नलिखित अंग्रेजी अनुवाद, बिहार राज्यपाल के प्राधिकार से एतद्‌ द्वारा प्रकाशित किया जाता है जो भारतीय संविधान के अनुच्छेद 348 के खंड (3) के अधीन उक्त नियमावली का अंग्रेजी भाषा में प्राधिकृत पाठ समझा जायेगा।

बिहार-राज्यपाल के आदेश से, गुलाम मुस्तफा अंसारी, विशेष कार्य पदाधिकारी। Cabinet (Parliamentary Affairs) Secretariat Department ——— NOTIFICATION The 23rd September, 2006 No. San.Ka. 1/vi.M. (Members) 4023/2006-930.— In exercise of powers conferred by Section – 8 of Bihar Legislature (Salary, Allowances and Pension) Act, 2006 (Act No.- 16, 2006) the Governor of Bihar makes the following Rules, namely:-

:: Rules ::

1. (1) These Rules may be called Bihar Legislature (Pay, Allowances and Pension of members) Rules, 2006.

(2) It shall come into force with effect from 1st October, 2006.

2. Unless anything repugnant to the subject or context, in these Rules:-

(a) "Act" means Bihar Legislature (Pay, Allowances and Pension of members) Act, 2006;

(b) "House" means Bihar Legislative Assembly or Bihar Legislative council, as the case may be;

(c) "Day" means day of twenty four hours beginning from midnight of a calendar year;

(d) "Place of Residence" means the place which has been intimated in writing;

Note : Any change in the place of residence to be intimated to the Secretary

within one month from the date of commencement of these Rules. (e) "Secretary" means the secretary of the Legislative Assembly or Legislative Council, as the case may be, and includes Joint Secretary, Deputy Secretary or Under Secretary, as the case may be, empowered by the Secretary of the Legislative Assembly or Legislative Council;

(f) "Work related the duties as a member" means any such work which is normally derived from the functions of the House and includes the works of the House or various Committees, Commissions, Boards or Study teams constituted, nominated or appointed by its Presiding Officer or other works assigned to the members of a Committee by the orders and regulations of the House in such Committee or Seminar etc, but does not include participation in Committees, Commissions, Boards and Study teams constituted, nominated or appointed by the Government or self governed corporate bodies.

(g) "Month" means a month of a calendar year; (h) "Authorised Doctor" means Superintendent of a Medical College and hospital of the State/Medical Officer-in-charge of the Vidhayak Hospital or Civil Surgeon of a district/Officer-in-charge of a Central, State or registered Medical institute situated in the State/Medical institute funded by the state.

(i) "Government" means the Government of Bihar; (j) "Patient" means such member or the member of his/her family who is ill; (k) "Family" means wife/husband, dependent minor son/daughter of the member or such father/mother who is fully dependent on the member; (l) "Treatment" means medical or surgical treatment in a Central/State/ registered hospitals or Nursing homes situated in the State or any recognised hospital/nursing home of the country recommended by the Government Doctor;

(m) The words and phrases used in these Rules but undefined shall have the same meaning as are assigned to those in these Rules.

3. Pay of the members:- Every member,

(a) from the date of being notified by the Election Commission of India as a elected representative,

(b) from the date of nomination by the Governor for the seat for which nomination is to be made by him or if the nomination is made prior to the vacancy of the post, in such a case from the date of the vacancy;

shall be entitled to pay at the rate of Rs. 8000/- per month with admissible allowances:

provided that, where a person is entitled to his/her pay under any corporation, any other local authority or any authority owned or controlled by any State Government or Central Government or from any person and drawing pay from that Government, corporation, local authority or any authority or person and – (i) if the amount of pay is equivalent to or more than the amount of pay to be drawn under these Rules, he/she shall not be entitled to any pay. (ii) if that amount of pay is less than the pay to be drawn under these Rules, he/she shall be entitled to the lesser amount only.

(c) Subject to the provisions of successive rules, pay of a member for any month shall be payable on the first day of successive month:

provided that , in case of a seat of any member being vacant, his/her pay shall be payable till the date on which that seat falls vacant and the pay may be drawn on any day after that.

(d) A copy of intimation of vacancy of seat will be attached with the Last Pay Certificate.

Note: The procedures of drawl, payment of pay, allowances, etc and

maintenance of accounts shall remain as it is.

4. Field Allowance.— Every member of the Bihar Legislature shall be entitled to receive field allowance at the rate of Rs. 10,000/-per month with effect from the date of notification by the Election Commission of India.

5. Facility of loan for purchase of Motor Car.— On demand by any member of the Bihar Legislature, an amount equivalent to the price of a Motor Car or maximum Rs. six lakh, whichever is less, shall be sanctioned by the State Government as loan for purchase of a Motor Car under the following conditions:-

(i) To sanction the loan an authorised Officer of the Finance Department shall be the Sanctioning Officer. The necessary order for sanctioning the advance shall be issued by the Finance Department and drawl, disbursement and recovery of the sanctioned amount to be made by the secretariat of the Legislative Assembly/Legislative Council, as the case may be.

(ii) The amount of advance (cheque/bank draft) of Motor Car shall be directly payable to the company/dealer of the car.

(iii) Subject to the other conditions of these Rules, such members of the Legislature shall also be entitled to receive advance for purchase of Motor Car who has repaid the full amount of the previous Motor Car advance with interest or repays the rest amount of advance with interest in one installment. Such member of the Legislature who demands the advance again, shall have to attach a certificate from the Secretary, Bihar Legislative Assembly/Secretary, Bihar Legislative Council, as the case may be, to the effect that the amount of previous advance with interest has been repaid;

Provided that, the motor car Advance to the members will be sanctioned only once in one tenure.

(iv) If the actual price of the Motor Car being less than the sanctioned amount, the rest amount shall be returned immediately.

(v) Prior to the drawl of the sanctioned amount, the member shall have to furnish a Bond of Agreement in the form prescribed in Annexure (A) of these Rules. After purchasing the Motor Car within one month from the4 ;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध date of drawl of the Sanctioned advance the member concerned shall furnish a mortgage Bond in the form prescribed in Annexure (B) of these Rules, in which inter alia, the vehicle purchased to be mortgaged in the name of the Governor of Bihar. The Bond of Agreement and Bond of Mortgage shall be presented to the Government for safe keeping and record.

(vi) A simple interest of 5 per cent (five per cent) annual shall be payable on the Motor Car Advance.

(vii) The Motor Car Advance shall be recovered in 60 (sixty) equal installments and if the membership of the member concerned is for less than five years, in less than 60 (sixty) equal installments within the ensuing tenure of the member.

(viii) The advance sanctioned under these Rules and interest thereon shall be recovered by the Secretary, Legislative Assembly/Legislative council by deducting required amount from the pay, allowances, travelling allowance or any other allowances or bill of the members.

(ix) If the debtor ceases to be the member of the Legislature, the amount of Motor Car Advance with interest shall be recovered from the pension payable to the member even after the cessation of the membership.

(x) The recovery of advance shall commence from the month falling just after the month of drawl of the sanctioned amount.

(xi) The member shall be at liberty to repay the outstanding amount of advance with interest in lumpsum before the stipulated period.

(xii) If the member receiving the advance is appointed as a Minister, the rate of interest payable, the number of installments fixed for its recovery and other conditions shall remain the same as have been prescribed under these Rules.

(xiii) The account of recovery of advance and interest shall be maintained by Secretariat of Legislative Assembly/Legislative Council, as the case may be. In case of recovery from pension, a certificate to the effect that the recovery of installment of advance/interest of the concerned month from the person concerned has been made and credited to the relevant Head of account shall be issued by the Treasury Officer of the concerned district to the Secretariat of the Legislative Assembly/Legislative Council, as the case may be.

(xiv) In case, the member dies before the recovery of the entire amount of advance and interest thereon or ceases to be a member of the Legislature by any reason and is not entitled to pension or he/she is not getting pension by any reason or ceases to draw pension and on any other reason fails to repay regularly the installments of advance/interest, the outstanding amount of advance and interest thereon shall be recoverable by the State Government and the State Government may recover the outstanding amount from the member or his/her legal heirs by any means or as public demand recovery under Public Demand Recovery Act.

(xv) 1. If the vehicle has been purchased with the help of the advance received from the Government, but the amount of advance is still recoverable, in such a case, the member borrowing the debt may sale the vehicle with the prior permission of the State Government.

;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध 2. Where the vehicle purchased with the previous advance is sold for purchase of new vehicle prior to the full recovery of the advance, the State Government may permit to utilize the amount received from the sale for purchase of new vehicle under following conditions:-

(a) The outstanding amount of advance must not be more than the price of the vehicle to be purchased;

(b) The outstanding amount of advance shall be recovered in previously fixed installments and rate of interest,

(c) The new vehicle to be purchased shall have to be mortgaged in the name of the Governor after being insured.

6. Facility of Stationary.— The Stationary Allowance at the rate of Rs. 4000/- (four thousand) per month from the date of being notified by the Election Commission shall be payable to each member of the Bihar Legislature to meet the postal, stationary and office expenditure to be incurred in course of performing the parliamentary affairs.

7. Facility of Personal Assistant.—Every member may appoint personal Assistant/ Assistants from the date of being notified by the Election Commission of India to be assisted in parliamentary affairs, and for which Rs. 10,000/- (ten thousand) per month only shall be payable to him/her;

provided that, even if more than one Personal Assistant is appointed, the maximum Rs. 10,000/- (ten thousand) only shall be admissible and to be paid directly to the Personal Assistant/Assistants.

(1) After appointing the Personal Assistant/Assistants, it shall be intimated to the Secretary, Legislative Assembly Secretariat/Legislative Council Secretariat in a prescribed from as soon as possible. The form will be prescribed by the Secretariat of the Legislative Assembly/Legislative Council.

(2) The Personal Assistant/Assistants shall be given Rs. 10,000/- (ten thousand) per month after production of bill on this behalf. This amount shall not be the pass of the pay and allowances of the members.

(3) It shall be right of the member to replace one Assistant by another assistant and to be intimated the Secretariat of the Legislative Assembly/Legislative Council, as the case may be, again in prescribed form.

(4) The person working as a Personal Assistant shall not claim to be an employee of the Government of Bihar or Bihar Legislative Assembly/Bihar Legislative Council and any claim for appointment in the Government of Bihar or Bihar Legislative Assembly/Bihar Legislative Council shall not be admissible.

8. (a) Travelling Allowance.—Each member, in case of being elected in General Election, Mid term Election, Bye Election or being nominated shall be entitled to travelling allowance for attending for the first time the Joint Session of Legislature or other Session of the Legislative Assembly or Legislative Council, as the case may be, and that to be one and half times the fare of the First Class/A.C two tier in case of journey by Train and Mileage Allowance at the rate of Rs. 10/- per kilometer in case of journey by a private car;

(b) For attending the Joint Session of the Legislature or Session of the Legislative Assembly or Legislative Council or attending any other work related to his/her duties as a member of a Committee of Legislative Assembly/Legislative Council, every member shall be entitled to receive only as follows for each journey from his/her residence to the place where6 ;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध joint session or session of the Legislative Assembly/Legislative Council or meeting of the Committee of the Legislative Assembly or Legislative Council is to be held or other work to be held and for return journey to his/her usual residence:-

(i) For each journey by Rail, incidental charges at the rate of half of the fare of First class/A.C two tier;

(ii) For each journey by Bus of State Transport Corporation additional incidental charge equivalent to the prescribed Bus fare;

(iii) For journey by private Bus payment of double the fare of the Bus; (iv) Mileage Allowance at the rate of Rs. 10/- per kilometer for journey by road in a private car;

(v) Actual expenditure for journey by Steamer;

Provided that, when the member performs journey by own car and crosses a river, he/she shall be entitled to actual expenditure of transportation in addition to the Mileage Allowance;

Provided that, Mileage Allowance for journey by Road shall be payable only once, i.e. at the commencement of each Session for attending that meeting of the House and for return journey to his/her permanent residence after prorogation;

Provided further that, this amount shall be paid only when the member has his/her own car and gives a certificate to the effect that he/she has actually performed the journey by his/her own Motor Car;

Provided further that, if any member performs journey by a private car for attending a meeting of a Committee of Legislative Assembly/Legislative Council, he/she shall be entitled to Mileage Allowance at the rate of Rs. 10/- per kilometer, but this to be admissible for journey made just after the conclusion of the meeting and only two such journeys to be admissible in a month. The Mileage Allowance shall be payable to those members only who submits a certificate to the effect that he/she owns a car and performed the journey by that car. For the members; who do not have their own car, the one and half times of the First class/A.C. 2 tier fare for only two journeys in a month shall be payable to them;

Provided further that, for journey to a place outside the State, other than the places not connected with Rail, the Mileage Allowance at the rate of Rs. 10/- per kilometer shall be payable;

Provided further that, no allowance shall be payable to such members who reside within five kilometer from the place where joint session or session of the Legislative Assembly/Legislative Council or meeting of the Legislative Assembly/Legislative Council was held or as a member other works were performed related to their duties.

(c) The journey for which Travelling Allowance is admissible under the Rules and which may be performed by Rail or Road or partly by Road and partly by Rail, for such journey the Travelling Allowance shall be limited to the cheapest and shortest route, whether that has been performed by any mode.

(d) If the duration of the session exceeds 21 consecutive period, and any member has attended the session for 15 days, he/she shall be entitled to Travelling Allowance on Government expenditure once for returning home from the place of session to his/her residence and7 ;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध return journey to the place of session from the residence at the following rate, provided, the said journeys have actually been performed and the same session was again attended by the member:- (i) For each journey by Rail fare of incidental charge at half of the

First Class/A.C. two tier.

(ii) For each journey by a Bus of State Road Transport Corporation, incidental charge as additional amount equivalent to the prescribed Bus fare;

(iii) For journey by private Bus payment of double Bus fare, and (iv) In case of Journey by private car, Mileage Allowance at the rate

of Rs. 10/- per kilometer;

(v) In case of journey by Steamer, the actual expenditure;

Provided also that, when the member performs the journey by his/her own car and crosses the river, he/she may receive actual carriage charge in addition to the Mileage Allowance;

Provided that, the member shall have to furnish a certificate to the effect that he owns a car and the journey has been performed by that. Explanation: - That session shall be construed as "continuous session", in which between the two sessions the interval is of nine or lesser days, including Saturday and Sunday, without any session.

(e) The Travelling Allowance shall be payable after the completion of the journey and for this the member shall claim in prescribed form to be presented before the Secretary. The Secretary shall countersign such bills after satisfying himself/herself that the member has performed the journey by shortest Rail or Road route in public interest and for attending any session or doing any work related to his/her duties as a member. It will be the responsibility of the Secretary to satisfy himself/herself regarding the certificates given by the member.

9. Daily Allowance :-

(1) For the following purposes, every member shall be entitled to daily allowance at the rate of Rs. 500/- per day for each day of halting at Patna and at the rate of Rs. 500/- per day for maximum twenty days in each financial year for halting within the State and at the rate of Rs. 1,000/- per day for maximum 15 days halting outside the State;

Provided that, the period of journey to attend the meeting and period of return journey after attending the meeting shall be calculated as halting. (a) For the purpose of attending the session of Legislative Assembly/ Legislative Council or joint session.

Explanation :- In this haltage maximum one day haltage prior to

commencement of session of the Legislative Assembly

or Legislative Council or joint session and after the

completion of the session is also included;

Provided that, for this, the members shall have to produce a Certificate to the effect that they were present at the place where such session was held;

Provided further that, for the purpose of clause (a) of this rule, in only one session there is a interval of nine or lesser days, in which no session was held, the member shall be entitled to daily allowance at prescribed rate for such session, provided he/she had attended till the last day of the session prior to such interval and the session after that.

Explanation: -

(i) If any member reaches the venue of the meeting on any day

on the completion of the meeting, but could not attend the

meeting, his/her stay for that day shall not be construed as

haltage for attending the meeting of the House, unless

otherwise ordered by the Speaker or Chairman, as the case

may be.

(ii) Those sessions to be construed as "Continuous Sessions" in which there is an interval of nine or lesser days including Saturday and Sunday without any session between any two sessions.

(b) For the purpose of attending the meeting a committee of Legislature.

For Site Study journey within the State vehicle shall be made available to the members by the Department concerned.

(c) For the purpose of attending other works related to his/her duties as a member.

(2) If any member for the purpose of clause (a) of rule-8 falls ill at the place of session and fails to attend the session, he/she shall be entitled to daily allowance for the period of illness which is to be not more than 21 days in a financial year (1st April to 31st March of next year), provided, produces a certificate of his/her illness to the Presiding Officer of the Legislative Assembly or Legislative Council, as the case may, to his satisfaction.

Provided that if any member, for the purpose of clause (a) of rule-8, produces a satisfactory certificate, as being a indoor patient for the entire period, before the Presiding Officer of Legislative Assembly or Legislative Council, as the case may be, he/she shall be entitled to daily allowance.

10. Facility of journey by Rail/Air.— Every year the Railway Coupon to the value of maximum Rs. one lakh fifty thousand shall be given to each member for journey to any place or places within India in First A.C., Second A.C, IIIrd A.C. Class with one co-traveller for performing his/her works. The member shall be entitled to travel by Air of maximum Rs. 75,000/- with the members if his own family subject to the ceiling of this Rs. 1.50 lakh.

Explanation: - "Year" means financial year commencing from 1st April and

ending on 31st March.

11. Facility of Housing to the members.— From the date of being notified by the Election Commission of India or from the date of commencement of his/her tenure, every member shall be made available a residential house in Patna on payment of house rent on such concessional rent and other conditions as the State Government with the consent of the speaker of Legislative Assembly or Chairman of the Legislative council, as the case may be, prescribe from time to time by rules.

12. Medical facility: -

(1) From the date of being notified by the Election Commission of India or from the date of commencement of his/her tenure medical facilities at par with the first class officer of the State Government shall be admissible to every member.

(2) In case of serious diseases, such as, kidney diseases, heart diseases, cancer, paralysis, detachment of retina, liver transplantation and AIDS or measure accidents, of such members of the Bihar Legislature the expenditure to be incurred on treatment shall be met by the State Government;

Provided that, the treatment of the disease must be recommended and on the request of the member the 75 percent of the estimated expenditure to be incurred on the treatment by a specialist doctor shall be paid by the State Government as advance and the payment of the rest 25 per cent amount to be made on presentation of the details of the expenditure incurred in the treatment and payment of travelling allowance of only one companion to made to the member.

(3) The reimbursement of expenditure incurred on the O.P.D. and as indoor patient of any member and any member his/her family shall be made under the conditions of the Rules determined by the Health and Family Welfare Department.

13. Facility of Foreign travel.— If the member travels a foreign country for public work, the Air fare, daily allowance, etc. shall be admissible to him/her at par with the member of Parliament;

Provided that he/she may proceed to foreign travel only on the permission of the State Government.

14. Telephone facility to members.— From the date of notification of the Election Commission of India or from the date of commencement of the tenure, one telephone each at the residence in Patna and at the constituency or normal residence shall be admissible to every member. This telephone shall be installed on the name of Bihar Legislative Assembly/Legislative Council, as the case may be and the payment of bimonthly bill and service charges of the telephone installed at the residence in Patna to be made by the Legislative Assembly/Legislative Council, as the case may be.

(a) The bill for the telephone installed at the constituency or residence of the member shall be paid by the member himself/herself. On production of certificate of payment of the telephone bill, the reimbursement of the amount of local call charges of the telephone subject to the prescribed local call charges, shall be made to the member by the Legislative Assembly/Legislative Council, as the case may be. In addition to that, the reimbursement of monthly/bimonthly rental for the telephone installed at the constituency/normal residence shall also be made, but the installation charge and service charge not to be reimbursed.

(b) (i) The maximum limit of free calls in every financial year for both the telephones altogether installed at residence of the member in Patna and residence in his/her constituency shall be limited to Rs. 1,00,000/- (One lakh) local calls: -10 ;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध Provided that, if in any financial year the calls utilized is lesser than the fixed call limit, the rest calls shall be carried forward and adjusted in the next financial year and the call limit of the next financial year shall stand amended accordingly;

Provided further that, the member may avail the facility of Mobile/Internet and Recharge coupon subject to the limitation of the same financial year. (ii) Where, in a financial year the limitation of local calls fixed for both the telephones combined, installed at the residence of the member in Patna and at the residence in his/her constituency exceeds the payment of the excess amount, if necessary, may be made by the Bihar Legislative Assembly/Legislative Council, as the case may be, but for one the telephone installed by the Bihar Legislative Assembly/Legislative Council at the residence in Patna and the deduction of this amount shall be made from the Pay and Allowances of the member concerned.

(c) The admissible telephone facilities to the members shall deemed to be automatically terminated at the cessation of his/her membership. 15. Facility of payment of Electricity and water bills to the members.— The payment of Electricity bill up to 2000 units per month shall be made to every member by the Bihar Legislative Assembly/Legislative Council, as the case may be, but only for the residence in Patna. Where the consumption of electricity exceeds the said limit, that will be paid by the member himself/herself, however he/she shall not have to pay any water tax for water supply.

16. Facility of furniture.— After every General Election on the Commencement of tenure, Rs. 25,000/-for furniture shall be payable by the Secretariat of the Legislative Assembly/Legislative Council, as the case may be. This facility shall be available only once in his/her whole tenure.

17. Pension and other facilities to ex-members: -

(1) Any such person, who has been elected/nominated to the Bihar Legislative Assembly/Legislative Council as a member, shall be entitled to whole life pension of Rs. 6,000/- per month from the date of being notified by the Election Commission of India or nominated by the Governor of Bihar or from the date of commencement of his/her tenure and additional pension of Rs. 500/- after the completion of every year;

Provided that, the period of more than six months and less than one year to be calculated as a complete year;

provided further that, the facilities of pension/family pension etc. available to the ex-members shall be admissible to the elected members of the thirteenth Bihar Legislative Assembly too from the date of being notified by the Election Commission of India/from the date of commencement of the tenure of the said Legislative Assembly.

(2) Where, any person entitled to pension under sub rule (1): -

(i) is elected to the post of the President or Vice President or appointed to the post of the Governor of any State or to the post of Administrator to any Union Territory; or

(ii) becomes a member of any House of the Parliament or Legislative Assembly of any State or Union Territory or Legislative Council of any State; or11 ;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध (iii) is employed on salary under the Central Government or any State Government or under any corporation owned or controlled by the Central Government or any State Government or any Local Authority or any Authority or becomes otherwise entitled to any remuneration under any such government, corporation or Local Authority;

Such a person shall not be entitled for any pension under sub rule (1) for the period during which he/she has been holding such post or continuing as such member or being employed as such or being entitled to such remuneration;

provided that, where the salary payable or payable remuneration; referred in clause (iii) to the person on holding such post or being such a member or being employed as such, is lesser than the pension payable to him/her under the sub rule (1), such a person shall be entitled to receive only the rest amount as pension.

(3) Facility of Family Pension: -

After the death of every such person, who is entitled to pension under sub rule (1), his wife/her husband shall get Family pension for his/her whole life at the rate mentioned below: -

'75 percent of the amount of pension shall be payable as Family pension'.

Provided that, the provisions and conditions of the sub rule (1) shall be applicable to the wife/husband of the deceased also;

Provided further that, if the person receiving the pension get married he/she shall not continue to be entitled to Family pension.

(4) Facility of Rail Coupon.— Every such person, who is entitled to pension under sub rule (1), shall be entitled to travel on Rail Coupons to the value of Rs. 75000/- every year with his/her co-traveller in First A.C/Second A.C./Third A.C.

(5) Medical facility.— Facilities of lifelong free medical treatment, supply of medicine and hospitalization to the ex-members receiving pension under sub rule-(1) shall be available on the scale and conditions which may be prescribed by the Health Department of the State Government by rules from time to time.

18. The State Government reserves the right to interpret and amend these Rules from time to time.

19. Repeal and Savings: -

(i) The following Rules shall deemed to be repealed from the date of commencement of these Rules: - (1) Bihar Legislature (Pay and Allowances to members) Rules, 1961. (2) Bihar Legislature (Telephones to members) Rules, 1976. (3) Bihar Legislature Companion of members (Rail coupon and Road Pass) Rules, 1976.

(4) Bihar Parliamentary Secretary (Pay and Allowances) Rules, 1978. (5) Bihar Parliamentary Secretary (Motor Car Advance) Rules, 1961. (6) Bihar Legislature (Motor Car Advance to members) Rules, 1993.

(ii) Notwithstanding such repeal, any action taken or anything done under the Rules aforementioned rule (1) prior to the commencement of these Rules shall not adversely affected.

By the order of the Governor of Bihar,

BHOGENDRA JHA,

Dy. Secretary to the Government.

Form of application for advance to purchase a Motor Car.

Full name of the applicant: -

Constituency No.: -

Name of Father/husband: -

Designation of applicant: -

Name of office: -

Permanent Address of home: -

Present address at Patna: -

Estimated price of Motor Car: -

Amount of advance required: -

Date of cessation of membership: -

Number of installments for deduction of advance: -

Whether you have drawn an advance for such work: -

If yes: - (a) Date of drawl of advance: -

Whether you want to purchase new or old Motor Car: -

Will you purchase Motor Car within one month from

the date of receipt of the advance: -

Remaining period of membership: -

Address of Drawing and Disbursing officer and the

Treasure from which to be drawn: -

Signature of Applicant Member, Bihar Legislative Assembly/Council Date: -13 ;बपकरू5द्ध ;बपकरू10द्धख्;बपकरू5द्ध;बपकरू5द्ध;बपकरू15द्ध;बपकरू16द्ध

Appendix – "A"

Form of Agreement to be executed at the time of drawing an advance for the

purchase of a motor vehicle

An – Agreement made on .................................. day ........................................ two thousand accordingly Shak Sambat dated................................................................between Sri/Smt./Kumari....................................................son/wife/daughter........................ ................

resident ........................................ (designation) member of the State Legislative Assembly/Council (hereinafter called the Borrower which expression shall include his legal representative and assignee) of the one part and the Governor of Bihar (hereinafter called the Governor) of the other part.

Whereas the Borrower has applied to the Governor for a loan of Rs. ....................

only for purchase of a motor vehicle under the Purchase of Motor Vehicle Advance Rules, 1993 for the members of the Bihar Legislature (hereinafter called the said Rules) and the Governor has agreed to lend the said amount to the Borrower on the terms and conditions given below.

Now it is hereby agreed between the parties hereto that in consideration of the sum of Rs. ..................................... paid by the Governor to the borrower (the receipt of which the borrower here acknowledges) hereby agrees with the Governor (1) to pay the Governor the said amount with interest calculated according to the said Rules by monthly deductions from his salary allowance, travelling allowance, daily allowance, compensatory house allowance or any allowances to be received by him as a member of the Bihar Legislature or his pension as provided in the said Rules or any other amount to be received and hereby authorises the Governor to make such monthly deductions and (2) to expend the full amount of the said loan within one month from the date of the execution of the agreement in purchase of a motor vehicle or if the actual price paid is less than the loan, to repay the difference to the Governor forthwith and (3) to execute a bond in a letter given in the said Rules to the Governor as a security for the amount lent and calculated interest thereon to the said motor vehicle and it is hereby agreed and declared that if the motor vehicle has not been purchased and hypothecated as aforesaid within one month from the date of this agreement or if the borrower within the period becomes insolvent or ceases to be a member of a State Legislature or is not entitled to pension or pension is stopped by any reason or does not get pension or fails to repay the installment or interest thereon or dies, the whole amount of the loan and interest accrued thereon shall immediately be due and payable.

The borrower hereby agrees and declares that on the certificate of the Governor, Secretary, Legislative Assembly/Council, which will be finally conclusive and obligatory for the borrower to entire dues thereunder and all the dues thereunder shall be recoverable from the borrower as dues of land revenue and lastly it is agreed upon and declared that the Governor shall be entitled to recover the said advance with interest from the legal representative of the borrower as public demand.

In witness where of the borrower has hereunto set his hand the day and year first written before.

Signed in the presence of

(1)

(2)

(Name and address)

————

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