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State of Jammu-Kashmir - Section

Section 2 in The Salaries and Allowances of the Members of Jammu and Kashmir State Legislature Act, 1960

2. Definition.

- In this Act-
(a)"Committee" means a Committee of either House of the Jammu and Kashmir State Legislature, and includes a Joint Committee of both Houses [or a Consultative Committee constituted by the Government;] [Inserted vide Act XVI of 1976.]
(b)"Member" means a member of either House of the Jammu and Kashmir State Legislature, but does not include a Minister, a State Minister or a Deputy Minister;
(c)"New Member" means a member who takes his seat in either House of the Jammu and Kashmir State Legislature after the commencement of this Act and includes a member who is reelected or renominated;
(d)"Period of residence on duty" means the period during which a member resides at a place where a session of a House of the Jammu and Kashmir State Legislature or a sitting of a Committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business and includes, in the case of a session of a house of the Jammu and Kashmir State Legislature or sitting a Committee, a period of such residence, not exceeding one day, immediately preceding the commencement of the session or the sitting of a Committee, as the case may be, and a period of such residence not exceeding one day, immediately succeeding the end of the session or a sitting of the Committee, as the case may be.
[Exception. - Period of residence on duty' will however include-
(i)the period for which a member is prevented from leaving his abode to attend the session of either House of the State Legislature or any sitting thereof or the sitting of any Committee, owing to the circumstances beyond his control. Such a member shall be entitled to daily allowance for the period under this Act;
(ii)the period for which a member is held upon on the way to attend such session or meeting owing to circumstance beyond his control, such a member shall be entitled to travelling allowance and daily allowance for his period under this Act:
Provided that the Speaker of the Legislature Assembly or the Chairman of the Legislative Council, as the case may be, is satisfied as to existence of these circumstances.] [Substituted vide Act XIII of 1980 w.e.f. 1-4-1980.][Explanation. - A member who ordinarily resides at the place where a session of a House of Jammu and Kashmir State Legislature or a sitting of Committee, is held, shall for the duration of session or sitting including one day immediately proceeding and one day immediately succeeding) be deemed to reside at such place for the purpose of attending such session or sitting.] [Substituted vide Act XXI of 1975 w.e.f. 1-7-1975.]
(e)[ Omitted.] [Omitted by Act XXXVII of 1963 w.e.f. 26-1-1960.]