Section 5AC in Maharashtra Legislature Members' Salaries and Allowances Act, 1956
5AC. [ Free transit by railway and steamer.] [Section 5AC was substituted by Maharashtra 72 of 1981, section 2.] - (1) Every member shall [* *] [The words, figures and letters 'with effect from the 1st day of April 1981' were deleted by Maharashtra 3 of 1991, section 4(a)(1).] be provided with facilities which shall entitle him at any time to travel singly by [first Class or, as the case may be by an air-conditioned two-tier] [These words were substituted for the words 'first class' by Maharashtra 3 of 1991, section 4(a)(ii).] [or three-tier] [These words were inserted by Maharashtra 14 of 1999, section 3, (w.e.f. 25.1.1999).] by any railway in any part of India, or by steamer in any part of the State of Maharashtra in such manner, and subject to such conditions, as may be rules or orders be prescribed in that behalf:
Provided that such travel by railway in any part of India, whether within the State or outside the State may be availed of by the member, either singly or jointly with his spouse or with his minor children or jointly with his spouse and minor children [or companion] [These words were inserted by Maharashtra 8 of 2001, section 7(a)(1), (w.e.f. 8.1.2001).] so, however, that the distance so travelled by the member outside the state and by the members of his family [or companion] [These words were inserted by Maharashtra 8 of 2001, section 7(a)(1), (w.e.f. 8.1.2001).] whether within or outside the State, in any financial year does not in the aggregate exceed [thirty thousand kilometres] [These words were substituted for the words 'twenty thousand kilometres' by Maharashtra 22 of 1987, section 5.].Explanation.- For the purpose of calculating the maximum limit of [thirty thousand kilometres] [These words were substituted for the words 'twenty thousand kilometres' by Maharashtra 22 of 1987, section 5.] for travelling the number of kilometres travelled by the member outside the State and the number of kilometres travelled by the members of his family [or companion] [These words were inserted by Maharashtra 8 of 2001, section 7(a)(1), (w.e.f. 8.1.2001).] from the place of their residence, whether within or outside the State, shall be counted separately.(2)(a)Notwithstanding anything contained in this Act where a member either singly or jointly with his spouse or with his minor children [or companion] [These words were inserted by Maharashtra 8 of 2001, section 7(a)(1), (w.e.f. 8.1.2001).] or jointly with his spouse and minor children undertakes a journey by air in any part of India whether within or outside the State, instead of by railway as provided in this section he shall be entitled subject to the maximum limit of [thirty thousand kilometres] [These words were substituted for the words 'twenty thousand kilometres' by Maharashtra 22 of 1987, section 5.] for travelling to claim travelling allowance, as if he or both or all of them as the case may be had undertaken the [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by railway' by Maharashtra 11 of 2013, section 7, (w.e.f. 1.4.2013).]. In such cases, the difference between the fare for journey by air and the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by railway' by Maharashtra 11 of 2013, section 7, (w.e.f. 1.4.2013).] will have to borne by the member.(b)Where a member either singly or jointly with the members of his family [or companion] [These words were inserted by Maharashtra 8 of 2001, section 7(a)(1), (w.e.f. 8.1.2001).] as aforesaid undertakes a journey by steamer or road transport in any part of India outside the State, he shall be entitled, subject to the maximum limit of [thirty thousand kilometres] [These words were substituted for the words 'twenty thousand kilometres' by Maharashtra 22 of 1987, section 5.] for travelling to claim the fare for journey by steamer or road transport if it is less than the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by railway' by Maharashtra 11 of 2013, section 7, (w.e.f. 1.4.2013).] for the same distance or, if the fare for journey by steamer or road transport is more than the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by railway' by Maharashtra 11 of 2013, section 7, (w.e.f. 1.4.2013).] for the same distance to claim the fare for [journey by air-conditioned two-tier by railway] [These words were substituted for the words 'journey by first class by railway' by Maharashtra 11 of 2013, section 7, (w.e.f. 1.4.2013).] or the same distance, and he shall have to bear the difference between the two fares.(3)In this section and in section 5A where facilities are given to a member to travel jointly with the spouse with or without minor children [or companion] [These words were inserted by Maharashtra 8 of 2001, section 4(c) (w.e.f. 8.1.2001).] then in the case of a lady member she shall be entitled to have these facilities to travel, from time to time jointly with her spouse or instead with any other member of her family as defined in the Explanation below sub-section (2) of section 6.]
