Section 5 in The Salaries and Allowances of the Members of Jammu and Kashmir State Legislature Act, 1960
5. [ Daily Allowance etc. for intervals. [Inserted by Act XVI of 1976.]
(1)Notwithstanding anything contained in sub-section (2) of section 3, a member shall be entitled to draw daily allowance for-(i)the period of adjournment intervening the continuous sitting of a session of the House when such an adjournment is not of more than 7 days:Provided that where such a member return to his usual place of residence or his constituency during such adjournment, he shall be entitled to draw Daily Allowance or Travelling Allowance for going to and coming back from that place, whichever is less;(ii)the period of adjournment of not more than 7 days intervening the continuous sitting of a meeting of the Committee:Provided that where such member returns to his usual place of residence or his constituency during such adjournment he shall be entitled to draw Daily Allowance or Travelling Allowance for going to and coming back from that place, whichever is less;(iii)the date fixed for the commencement of a session or sitting of a committee, which is declared a public holiday and the meeting takes place on the next working day:Provided that such a member has not received a communication of such postponement or has not been informed about it otherwise and has presented himself at the place of meeting on such day.(2)When there is an interval of not more than a week between of termination of the meetings of the session and the commencement of those of another session at the same place which a member is required to attend and when such member remains at the place during the interval he shall be entitled to draw-daily allowance for such period of residence on duty or draw travelling allowance for going to and coming back from his usual place of residence, whichever is less.(3)Any member may stay on at the place of meeting after the close of the session if he is unable to return to his usual place of residence on account of conditions and circumstances beyond his control and where the speaker of the Legislative Assembly or the Chairman of the Legislative Council as the case may be, is satisfied that such a prolonged stay is justifiable the member shall be entitled to draw a daily allowance at the rate for thirty rupees for first three days of his stay only :Provided that a member from the frontier district shall also be entitled to a daily allowance of forty rupees for the days of prolonged stay beyond the expiry of first three days.Provided further that a member from the frontier district shall produce a certificate from the Ladakh Affairs Department that the prolonged stay was due to the blockade of road and non-availability of air seat.]
