Section 5 in The Salary, Allowances and Pension of Members of Parliament Act, 1954
5. Travelling allowances for intermediate journeys.
[(1)] [section 5 re-numbered as sub-section (1) of that section by Act 105 of 1976. s. 5 (w.e.f. 9-9-1976).] Where a member absents himself for less than fifteen days during a session of a House of Parliament or a sitting of a committee for visiting any place in India, he shall be entitled to receive travelling allowances in respect of such journey to such place and for the 'return journey(a)if the journey Is performed by rail, equal to [one first class fare] [Substituted by Act 9 of 1955 , s.2 for "one second class fare" (w.e.f. 1-4-1955) ] for each such journey irrespective of the class in which the member actually travels;(b)[if the journey, being a journey during a sitting of the committee] [Substituted by Act 74 of 1985, s.3 ] is performed by air, equal to one fare by air for each such journey:Provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not so remained absent.[Provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in India not more than once during a sitting of the Committee.] [Substituted by Act 74 of 1985, s.3 ](1A)[ Notwithstanding anything contained in sub-section (1), a member shall be entitled to receive travelling allowances in respect of every journey performed by air for visiting any place in India during the interval not exceeding seven days between two sitting of a Department related Standing Committee when a House of Parliament is adjourned for a fixed period during the Budget Session:Provided that such travelling allowances, excluding the air fare, shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not remained absent.] [Inserted by Act 18 of 1955, s.2](2)[ Every member shall be entitled to an amount equal to the fare by air for each single journey by air (other than a journey referred to in section 4 or the second proviso to sub-section (1) of this section or section 6C) performed by him from [either alone or along with companion or spouse,] [Substituted by Act 18 of 1985, s.2] any place in India to any other place in India during his term of office as such member:[Provided that the total number of such journeys under this sub-section shall be thirty-four journeys per year] [Substituted by Act 40 of 2006 - effective from 15.9.2006.][Provided further that where the number of journeys performed by any member by air is [less than thirty-four, then, such number of journeys not performed by him shall be carried over to the following year."] [Inserted by Act 28 of 1998 - effective from 20.8.1998.][Provided also that the spouse or companion of a member, as the case may be, may alone perform maximum eight journeys by air from any place of India to the place in India for the purpose of visiting such member and such journey shall be included for the purpose of counting [thirty-four journeys] [Inserted by Act 9 of 2004 - effective from 09.1.2004.] referred to in the first proviso to sub-section (2).][Provided also that in case any member avails a total number of journeys by air more than thirty-four, such journeys permissible to him, in the year, he may be allowed to adjust not exceeding eight such journeys from the entitled number of journeys which may accrue in his credit in the next following year.(3)Notwithstanding anything contained in sub-section (2), there shall be paid to a member who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, is so incapacitated physically and therefore cannot perform air or train journey, road mileage for the entire road journey] [Inserted by Act 40 of 2006 - effective from 15.9.2006].Explanation I. - The provisions of clause (c) of sub-section (1) and of sub-section (2) of section 4 shall, so far as may be, apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section.Explanation II. - For the purposes of this section, "year" means,(i)in the case of a person who is, a member at the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1985, the year beginning with such commencement and each of the subsequent years;(ii)in the case of a person who becomes a member after such commencement, the year beginning with the date on which his, term of office as such member commences and each of the subsequent years:[Explanation III. [Inserted by Act 3 of 1993, S.2 (5-1-1993) ] - For the purposes of sub-section (2), any jurney performed by the [spouse, companions or relative shall be added in computing the limit of [thirty-four journeys] specified in the proviso to that subsection].
