The Bengal Legislative Assembly (Members' Emoluments) Act, 1937

BENGAL PRESIDENCY
India

The Bengal Legislative Assembly (Members' Emoluments) Act, 1937

Act 2 of 1937

Published on 5 October 1937
Commenced on 5 October 1937
[This is the version of this document from 5 October 1937.]
[Note: The original publication document is not available and this content could not be verified.]

The Bengal Legislative Assembly (Members' Emoluments) Act, 1937Bengal Act 2 of 1937[5th October, 1937.]An Act to fix the salaries and allowances of Members of the Bengal Legislative [Assembly] [Word substituted for the word 'Chambers' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.].Whereas it is expedient to fix the salaries and allowances of the Members of the Bengal Legislative [Assembly] [Word substituted for the word 'Chambers' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.];It is hereby enacted as follows:-

1. Short title and commencement.

(1)This Act may be called the Bengal Legislative [Assembly] [Word substituted for the word 'Chambers' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] (Members' Emoluments) Act, 1937.

(2)It shall be deemed to have come into force from the first day of April, 1937.

2. Definitions.

- In this Act and for the purposes thereof "Member" means a Member [* * * *] [Words 'either of the West Bengal Legislative Council but not including the Chairman thereof, or' first inserted by West Bengal Act 16 of 1959, then those words omitted by Order No. 1504-L, dated the 31.7.1970, published in the Calcutta Gazette, Extraordinary, dated the 31.7.1970, part I, page 1708.] [* * * *] [Words 'either of the Bengal Legislative Council or' omitted by West Bengal Act'16 of 1959.] of the [West Bengal] [Words substituted for the word 'Bengal' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] Legislative Assembly, other than the Governor's Council of Ministers, [* * * *] [Words 'the President of the said Council' omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] the Speaker of the said Assembly, Parliamentary Secretaries, Parliamentary Under-Secretaries and Parliamentary Private Secretaries, if any.

3. [ Salaries] [[Section 3 substituted by Bengal Act 1 of 1945, w.e.f. 1.1.1944, which was earlier as under:-

'3. Salaries. - There shall be paid to each Member a salary at the rate of one hundred and fifty rupees per mensem with effect from the date on which he takes his oath.'.]]. - There shall be paid to each member a salary at the rate of [(one thousand and five hundred rupees) per mensem] [Words 'two hundred and fifty rupees per mensem' first substituted for the words 'two hundred rupees per mensem' by West Bengal Act 8 of 1965 w.e.f. 1.4.1965, then the words 'three hundred and fifty rupees' substituted for the words 'two hundred and fifty rupees' by West Bengal Act 30 of 1983, thereafter the words 'six hundred and fifty rupees' substituted for the words 'three hundred and fifty rupees' by West Bengal Act 10 of 1997, and finally the words within the first brackets substituted for the words 'six hundred and fifty rupees' by West Bengal Act 12 of 1998.] with effect from the date on which he takes his oath:Provided that the salary of any member in respect of [any period prior to (the first day of September, 1983,] [Words and figures substituted for the words and figures 'any period prior to the 1st day of January, 1944, shall be paid at the rate of one hundred and fifty rupees per mensem' by West Bengal Act 8 of 1965, w.e.f. 1.4.1965.] shall be paid at the rate of] (two hundred and fifty rupees)] [Words substituted for the words 'two hundred rupees' by West Bengal Act 30 of 1983.] per mensum:[Provided further that there shall be paid to the member, who is the Leader of the Opposition, such salaries and allowances as are admissible to a Minister under the West Bengal Salaries and Allowances Act, 1952] [[Proviso first inserted by West Bengal Act 24 of 1957, then substituted by West Bengal Act 30 of 1983, which was earlier as under:-'Provided further that there shall be paid to the member, who is the Leader of the Opposition, salaries and allowances as specified below:-Salary - Rs. 750 per month.House allowance - Rs. 250 per month.Conveyance allowance - Rs. 200 per month.'.]].[Provided also that there shall be paid to the Chief Government Whip such salaries and allowances as are admissible to a Minister of State under the West Bengal Salaries and Allowances Act, 1952] [Proviso inserted by West Bengal Act 10 of 1997, w.e.f. 1.4.1997.].Explanation I. - "Leader of the Opposition" means that member of the West Bengal Legislative Assembly who is for the time being the Leader in the State Assembly of the party in opposition to the State Government having the greatest numerical strength in the said Assembly;Explanation II. - If any doubt arises as to which is or was at the material time the party in opposition to the State Government having the greatest numerical strength in the West Bengal Legislative Assembly, or as to who is or was at any material time the Leader in the said Assembly of such a party, the question shall be decided for the purposes of this Act, by the Speaker of the said Assembly, and his decision, certified in writing under his hand, shall be final and conclusive.

4. Allowances.

- Subject to such conditions as may be determined by rules made under this Act:-(a)there shall be paid to members not ordinarily resident within such distances, as may be prescribed by rules made under this Act, of the place at which their attendance is required in connection with their duties as members-(i)[ daily allowance at the rate of [three hundred and fifty rupees] [[Sub-clause (1) first substituted by Bengal Act 1 of 1945, then again substituted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994. which was earlier as under:-'(i) daily allowance at such rate as is admissible to a Minister under the West Bengal Salaries and Allowances Act, 1952:Provided that in respect of any period prior to the commencement of the Bengal Legislative Chambers (Members' Emoluments) Amendment Act, 1945, daily allowance shall be paid at the rate of ten rupees per diem;'.]] per diem.]Explanation. - Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, for the purposes of this clause, a member of the Governor's Council of Ministers, if elected to the West Bengal Legislative Assembly, the Speaker of the West Bengal Legislative Assembly, the Deputy Speaker of the said Assembly, the Leader of the Opposition, the Chief Government Whip, a Parliamentary Secretary, a Parliamentary Under-Secretary, or a Parliamentary Private Secretary, if any, shall be deemed to be a "Member";(ii)travelling allowance for journeys by [air at the rate of one and one-fourth times the air fare {for journeys by rail at the rate of half the first class fare [(or at the rate of half the Air-conditioned 2-tier class fare)] [Words 'air at the rate of one and one-fourth times the air fare and for Journeys by' first inserted by West Bengal Act 16 of 1959, then the words for journeys by rail at the rate of half the first class fare and for journeys by steamer' substituted for the words 'and for Journeys by rail or steamer' by West Bengal Act 3 of 1966.] and for journeys by steamer}] at the rate of one and a half times first class fare [for himself and one first class fare for one person accompanying him] [Words inserted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994.], and(iii)road mileage allowance at such rates as may be fixed by rules made under this Act; [* *] [Word 'and' omitted by West Bengal Act 16 of 1959.](aa)[ there shall be paid to all members compensatory allowance at the rate of [one thousand and five hundred rupees] [Clause (aa) inserted by West Bengal Act 18 of 1974. w.e.f. 1.4.1974.] per mensem];(aaa)[ there shall be paid to all members constituency allowance at the rate of [two thousand and five hundred rupees] [Clause (aaa) inserted by West Bengal Act 25 of 1989. w.e.f. 1.4.1989.] per mensem];(b)[ there shall be paid to a member an allowance at the rate of [two thousand rupees] [[Clause (b) substituted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994, which was earlier as under:-'(b) there shall be paid to all members conveyance allowance for attending meetings at the rate of twenty-five rupees per diem; and'.]] per annum on account of] [postal expenses;] [Words substituted for the words 'postal expenses; and' by West Bengal Act 12 of 2000, w.e.f. 1.4.2000.](bb)[ there shall be paid to a member an allowance at the rate of two thousand rupees per annum a lump sum on account of purchase of books, newspapers and periodicals.] [Clause (bb) inserted by West Bengal Act 12 of 2000, w.e.f. 1.4.2000.]Explanation. - Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, for the purposes of this clause, a member of the Governor's Council of Ministers, if elected to the West Bengal Legislative Assembly, the Speaker of the West Bengal Legislative Assembly, the Deputy Speaker of the said Assembly, the Leader of the Opposition, the Chief Government Whip, a Parliamentary Secretary, a Parliamentary Under Secretary, or a Parliamentary Private Secretary, if any, shall be deemed to be a "Member"; and(c)[] [[Clause (c) first inserted by West Bengal Act 16 of 1959, then substituted by West Bengal Act 3 of 1966, then again substituted by West Bengal Act 8 of 1969. Previous clause (c) was as under:-'(c) there shall be issued to members who undertake journeys in connection with their duties as such members, railway coupons or vouchers-(i)in respect of all such journeys to any place or places within the State of West Bengal, and(ii)subject to a maximum limit of three thousand miles or four thousand eight hundred and twenty-eight kilometres a year, in respect of such journeys to any place or places within India outside the State of West Bengal.'.]] [there shall be issued to each member who undertakes journeys in connection with his duties as such members,-] [Words substituted for the words 'there shall be issued to members who undertake journeys in connection with their duties as such members,-' by West Bengal Act 28 of 1979.]

(1)[railway coupons or vouchers for such member and for one person accompanying such member-] [ Words substituted for the words 'railway coupons or vouchers -' by West Bengal Act 28 of 1979.]

(i)in respect of all such journeys to any place or places within the State of West Bengal,

(ii)[ in respect of such journeys to any place or places within India outside the State of West Bengal:] [[Item (ii) substituted by West Bengal Act 16 of 1980, w.e.f. 13.10.1979, which was earlier as under:-

'(ii) subject to a maximum limit of eight thousand kilometers a year, in respect of such journeys to any place or places within India outside the State of West Bengal.'.]]Provided that the maximum limit for the member and for the person accompanying him shall with respect to each of them be [fifteen thousand kilometres] [Words 'ten thousand kilometres' first substituted for the words 'eight thousand kilometres' by West Bengal Act 25 of 1989, w.e.f. 1.4.1989, then the word 'twelve' substituted for the word 'ten' by West Bengal Act 23 of 1994, w.e.f. 21.1.1994, and finally the words within third brackets substituted for the words 'twelve thousand kilometres' by West Bengal Act 10 of 1997, w.e.f. 1.4.1997.] a year :[Provided further that when a Member undertakes journeys to any place or places within India outside the State of West Bengal in connection with his duties as a Member of any committee of the West Bengal Legislative Assembly or as a member of any delegation appointed by the West Bengal Legislative Assembly, the distances of such journeys shall not be taken into account in calculating the maximum limit of [fifteen thousand kilometres] [Proviso inserted by West Bengal Act 17 of 1986.] a year].

(2)[one free pass] [Words substituted for the words 'state transport coupons' by West Bengal Act 17 of 1986.] in respect of any such journey or part thereof to any place within the State of West Bengal by any road transport service provided by a State transport undertaking carried on by the State Government or by any Road Transport Corporation established by the State Government under section 3 of the Road Transport Corporation Act, 1950 [, except for any such journey or part thereof by the road transport service provided by the Calcutta State Transport Corporation on its city routes] [Words inserted by West Bengal Act 49 of 1978.] [and, for the purpose of this sub-clause, the identity card of the Member shall be treated as free pass for himself and for his companion.] [Words inserted by West Bengal Act 17 of 1986.]

(3)[ one free pass of the Calcutta State Transport Corporation for each, for any such journey or part thereof by any road transport service provided by such Corporation on its city routes, and] [[Sub-clauses (3) and (4) first inserted by West Bengal Act 49 of 1978, then sub-clause (4) substituted by West Bengal Act 25 of 1989, w.e.f. 1.4.1989. Previous sub-clause (4) was as under:-'(4) one free pass of the Calcutta Tramways Company for each, for any such journey or part thereof by any tramcar of such Company.'.]]

(4)[ one free pass of the Calcutta Tramways Company for such member and for one person accompanying such member for any such journey or part thereof by any tram-car of such Company; and, for the purposes of this sub-clause, the identity card of the Member shall be treated as free pass for himself and for his companion.] [[Sub-clauses (3) and (4) first inserted by West Bengal Act 49 of 1978, then sub-clause (4) substituted by West Bengal Act 25 of 1989, w.e.f. 1.4.1989. Previous sub-clause (4) was as under:-'(4) one free pass of the Calcutta Tramways Company for each, for any such journey or part thereof by any tramcar of such Company.'.]]

4A. [ Amenities. - A member shall be entitled to such medical facilities and such telephone facilities as may be determined by rules made under this Act.] [Section 4A inserted by West Bengal Act 28 of 1979.]

5. [ Power to make rules] [[Section 5 substituted by West Bengal Act 16 of 1959, which was earlier as under:-

'5. Power to make rules. - (1) The Provincial Government shall, as soon as may be, make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, the Provincial Government may make rules-

(a)to prescribe the periods during which, and the conditions under which, daily allowance and conveyance allowance may be drawn, and the circumstances under which such allowances may be withheld;

(b)to fix the rates of road mileage allowance, and to prescribe the conditions under which such allowance may be drawn; and

(c)to prescribe the distances referred to in section 4 in respect of each of the allowances referred to in the said section.

(3)All rules made under this section shall be published in the Official Gazette.'.]]. - (1) The State Government shall make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, the State Government may make rules-

(a)to prescribe the periods during which, and the conditions under which, daily allowance [* * * * *] [Words 'and conveyance allowance' omitted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994.] may be drawn, the circumstances under which [such allowance] [Words substituted for the words 'such allowances' by West Bengal Act 23 of 1994, w.e.f. 21.1.1994.] may be withheld, and the conditions under which the journeys referred to in clause (c) of section 4 may be undertaken;

(b)to fix the rates of road mileage allowance, and to prescribe the conditions under which such allowance may be drawn; and

(c)to prescribe the distances referred to in section 4 in respect of each of the allowances referred to in the said section;

(d)[ to determine the medical and telephone facilities mentioned in section 4A.] [Clause (d) inserted by West Bengal Act 28 of 1979.]

(3)Until rules are made under this section rules framed under the Bengal Legislative Assembly (Members' Emoluments) Act, 1937, before the commencement of the Bengal Legislative Assembly (Members' Emoluments) (Amendment) Act, 1959, shall continue to remain in force.

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