Section 4 in The Bengal Legislative Assembly (Members' Emoluments) Act, 1937
4. Allowances.
- Subject to such conditions as may be determined by rules made under this Act:-(a)there shall be paid to members not ordinarily resident within such distances, as may be prescribed by rules made under this Act, of the place at which their attendance is required in connection with their duties as members-(i)[ daily allowance at the rate of [three hundred and fifty rupees] [[Sub-clause (1) first substituted by Bengal Act 1 of 1945, then again substituted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994. which was earlier as under:-'(i) daily allowance at such rate as is admissible to a Minister under the West Bengal Salaries and Allowances Act, 1952:Provided that in respect of any period prior to the commencement of the Bengal Legislative Chambers (Members' Emoluments) Amendment Act, 1945, daily allowance shall be paid at the rate of ten rupees per diem;'.]] per diem.]Explanation. - Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, for the purposes of this clause, a member of the Governor's Council of Ministers, if elected to the West Bengal Legislative Assembly, the Speaker of the West Bengal Legislative Assembly, the Deputy Speaker of the said Assembly, the Leader of the Opposition, the Chief Government Whip, a Parliamentary Secretary, a Parliamentary Under-Secretary, or a Parliamentary Private Secretary, if any, shall be deemed to be a "Member";(ii)travelling allowance for journeys by [air at the rate of one and one-fourth times the air fare {for journeys by rail at the rate of half the first class fare [(or at the rate of half the Air-conditioned 2-tier class fare)] [Words 'air at the rate of one and one-fourth times the air fare and for Journeys by' first inserted by West Bengal Act 16 of 1959, then the words for journeys by rail at the rate of half the first class fare and for journeys by steamer' substituted for the words 'and for Journeys by rail or steamer' by West Bengal Act 3 of 1966.] and for journeys by steamer}] at the rate of one and a half times first class fare [for himself and one first class fare for one person accompanying him] [Words inserted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994.], and(iii)road mileage allowance at such rates as may be fixed by rules made under this Act; [* *] [Word 'and' omitted by West Bengal Act 16 of 1959.](aa)[ there shall be paid to all members compensatory allowance at the rate of [one thousand and five hundred rupees] [Clause (aa) inserted by West Bengal Act 18 of 1974. w.e.f. 1.4.1974.] per mensem];(aaa)[ there shall be paid to all members constituency allowance at the rate of [two thousand and five hundred rupees] [Clause (aaa) inserted by West Bengal Act 25 of 1989. w.e.f. 1.4.1989.] per mensem];(b)[ there shall be paid to a member an allowance at the rate of [two thousand rupees] [[Clause (b) substituted by West Bengal Act 23 of 1994, w.e.f. 21.1.1994, which was earlier as under:-'(b) there shall be paid to all members conveyance allowance for attending meetings at the rate of twenty-five rupees per diem; and'.]] per annum on account of] [postal expenses;] [Words substituted for the words 'postal expenses; and' by West Bengal Act 12 of 2000, w.e.f. 1.4.2000.](bb)[ there shall be paid to a member an allowance at the rate of two thousand rupees per annum a lump sum on account of purchase of books, newspapers and periodicals.] [Clause (bb) inserted by West Bengal Act 12 of 2000, w.e.f. 1.4.2000.]Explanation. - Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, for the purposes of this clause, a member of the Governor's Council of Ministers, if elected to the West Bengal Legislative Assembly, the Speaker of the West Bengal Legislative Assembly, the Deputy Speaker of the said Assembly, the Leader of the Opposition, the Chief Government Whip, a Parliamentary Secretary, a Parliamentary Under Secretary, or a Parliamentary Private Secretary, if any, shall be deemed to be a "Member"; and(c)[] [[Clause (c) first inserted by West Bengal Act 16 of 1959, then substituted by West Bengal Act 3 of 1966, then again substituted by West Bengal Act 8 of 1969. Previous clause (c) was as under:-'(c) there shall be issued to members who undertake journeys in connection with their duties as such members, railway coupons or vouchers-(i)in respect of all such journeys to any place or places within the State of West Bengal, and(ii)subject to a maximum limit of three thousand miles or four thousand eight hundred and twenty-eight kilometres a year, in respect of such journeys to any place or places within India outside the State of West Bengal.'.]] [there shall be issued to each member who undertakes journeys in connection with his duties as such members,-] [Words substituted for the words 'there shall be issued to members who undertake journeys in connection with their duties as such members,-' by West Bengal Act 28 of 1979.](1)[railway coupons or vouchers for such member and for one person accompanying such member-] [ Words substituted for the words 'railway coupons or vouchers -' by West Bengal Act 28 of 1979.](i)in respect of all such journeys to any place or places within the State of West Bengal,(ii)[ in respect of such journeys to any place or places within India outside the State of West Bengal:] [[Item (ii) substituted by West Bengal Act 16 of 1980, w.e.f. 13.10.1979, which was earlier as under:-'(ii) subject to a maximum limit of eight thousand kilometers a year, in respect of such journeys to any place or places within India outside the State of West Bengal.'.]]Provided that the maximum limit for the member and for the person accompanying him shall with respect to each of them be [fifteen thousand kilometres] [Words 'ten thousand kilometres' first substituted for the words 'eight thousand kilometres' by West Bengal Act 25 of 1989, w.e.f. 1.4.1989, then the word 'twelve' substituted for the word 'ten' by West Bengal Act 23 of 1994, w.e.f. 21.1.1994, and finally the words within third brackets substituted for the words 'twelve thousand kilometres' by West Bengal Act 10 of 1997, w.e.f. 1.4.1997.] a year :[Provided further that when a Member undertakes journeys to any place or places within India outside the State of West Bengal in connection with his duties as a Member of any committee of the West Bengal Legislative Assembly or as a member of any delegation appointed by the West Bengal Legislative Assembly, the distances of such journeys shall not be taken into account in calculating the maximum limit of [fifteen thousand kilometres] [Proviso inserted by West Bengal Act 17 of 1986.] a year].(2)[one free pass] [Words substituted for the words 'state transport coupons' by West Bengal Act 17 of 1986.] in respect of any such journey or part thereof to any place within the State of West Bengal by any road transport service provided by a State transport undertaking carried on by the State Government or by any Road Transport Corporation established by the State Government under section 3 of the Road Transport Corporation Act, 1950 [, except for any such journey or part thereof by the road transport service provided by the Calcutta State Transport Corporation on its city routes] [Words inserted by West Bengal Act 49 of 1978.] [and, for the purpose of this sub-clause, the identity card of the Member shall be treated as free pass for himself and for his companion.] [Words inserted by West Bengal Act 17 of 1986.](3)[ one free pass of the Calcutta State Transport Corporation for each, for any such journey or part thereof by any road transport service provided by such Corporation on its city routes, and] [[Sub-clauses (3) and (4) first inserted by West Bengal Act 49 of 1978, then sub-clause (4) substituted by West Bengal Act 25 of 1989, w.e.f. 1.4.1989. Previous sub-clause (4) was as under:-'(4) one free pass of the Calcutta Tramways Company for each, for any such journey or part thereof by any tramcar of such Company.'.]](4)[ one free pass of the Calcutta Tramways Company for such member and for one person accompanying such member for any such journey or part thereof by any tram-car of such Company; and, for the purposes of this sub-clause, the identity card of the Member shall be treated as free pass for himself and for his companion.] [[Sub-clauses (3) and (4) first inserted by West Bengal Act 49 of 1978, then sub-clause (4) substituted by West Bengal Act 25 of 1989, w.e.f. 1.4.1989. Previous sub-clause (4) was as under:-'(4) one free pass of the Calcutta Tramways Company for each, for any such journey or part thereof by any tramcar of such Company.'.]]
