Section 5 in The Bengal Legislative Assembly (Members' Emoluments) Act, 1937
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.
