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Cabinet (Parliamentary Affairs) Secretariat Department

———

NOTIFICATION

The 23^rd 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 1^st October, 2006.

ॢबहर गजट [सधरण 28 दस बर 2021

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:

ॢबहर गजट [सधरण 28 दस बर 2021

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 the

ॢबहर गजट [सधरण 28 दस बर 2021

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.

ॢबहर गजट [सधरण 28 दस बर 2021

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 where

ॢबहर गजट [सधरण 28 दस बर 2021

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

meeting

Committee

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 and

ॢबहर गजट [सधरण 28 दस बर 2021

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;

ॢबहर गजट [सधरण 28 दस बर 2021

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 (1^st April to 31^st 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, III^rd 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 1^st April and

ending on 31^st 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.

ॢबहर गजट [सधरण 28 दस बर 2021

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: -

ॢबहर गजट [सधरण 28 दस बर 2021

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; or

ॢबहर गजट [सधरण 28 दस बर 2021

(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.

ॢबहर गजट [सधरण 28 दस बर 2021

(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: -

ॢबहर गजट [सधरण 28 दस बर 2021

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.

ॢबहर गजट [सधरण 28 दस बर 2021

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)

————

[ध¡क स०चवलय म१णलय

ॢबहर पटन हर क०शत eव# म१ॢत?

ॢबहर गजट [सधरण 1027%5'1+1000%ड+ट,+प+?

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