State of Karnataka - Act
The Karnataka Legislature Salaries, Pensions And Allowances Act, 1956
KARNATAKA
India
India
The Karnataka Legislature Salaries, Pensions And Allowances Act, 1956
Act 2 of 1957
- Published in Gazette 2 on 24 January 1957
- Assented to on 24 January 1957
- Commenced on 24 January 1957
- [This is the version of this document as it was from 24 December 1959 to None.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires,-3. Salaries and sumptuary allowances of Chairman and Speaker.
4. Residences of [Chairman, Speaker etc.,] [Substituted by Act 24 of 2005 w.e.f. 24.8.2005] .
5. Conveyances of the Chairman and the Speaker.
6. Charges payable by the Chairman and the Speaker and the Government.
7. Travelling Allowances of the Chairman and the Speaker on assuming or relinquishing office.
- The Chairman and the Speaker shall,-8. Travelling and other allowances of the Chairman, the Deputy Chairman, the Speaker and the [Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips] [Substituted by Act 31 of 1978 w.e.f. 26.12.1978]] on tours.
9. Medical Attendance.
- Subject to rules made by the State Government, the [Chairman, the Deputy Chairman, the Speaker and the Deputy Speaker] [Substituted by Act 3 of 1975. w.e.f. 14.10.1974] [the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips] [Inserted by Act 31 of 1978. w.e.f. 26.12.1978]] and the members of the family of the [Chairman, the Deputy Chairman, the Speaker or the Deputy Speaker] [Substituted by Act 3 of 1975. w.e.f. 14.10.1974], [the Leaders of the Opposition [,the Government Chief Whips and the Opposition Chief Whips] [Inserted by Act 31 of 1978. w.e.f. 26.12.1978] ] as the case may be, who are residing with and are dependent on him, shall be entitled free of charge to accommodation in hospitals maintained by the State Government, and to medical attendance and treatment. [They shall also be entitled, subject to rules made by the State Government, to reimbursement of the expenses incurred by them for medical attendance and treatment obtained at any other place] [Inserted by Act 19 of 1974 w.e.f. 27.5.1974] [whether within or outside India.] [Inserted by Act 31 of 1979 w.e.f. 21.6.1979]Explanation. - For the purpose of this section [and section 12] [Inserted by Act 31 of 1978. w.e.f. 26.12.1978] member of the family means the husband, wife, son, daughter, father, mother, brother or sister.10. Salaries of Deputy Chairman and Deputy Speaker.
- [(1)] [Re-numbered by Act 19 of 1974. w.e.f. 27.5.1974] There shall be paid to the Deputy Chairman and to the Deputy Speaker each a salary of [[[forty thousand rupees] [Substituted by Act 18 of 2015 w.e.f. 30.04.2015]]] per mensem.10A. [ Salary, conveyance and conveyance allowance payable to the Deputy Chairman, Deputy Speaker or the person performing the duties of the Chairman or Speaker. [Section 10A sub.section (1) and (2) Inserted by Act 18 of 1968. w.e.f. 1.11.1956]
10B. [ [Omitted by Act 24 of 2005 w.e.f. 24.8.2005]
xxx ]10C. Conveyances of the Deputy Chairman and the Deputy Speaker.
- The State Government may provide a suitable motor car each for the use of the Deputy Chairman and the Deputy Speaker.10D. Charges payable by the Deputy Chairman and the Deputy Speaker and the Government.
10E. [ Salary to the Leader of the Opposition. [Section 10E to 10N Inserted by Act 72 of 1976 w.e.f. 19.7.1976]
- There shall be paid to each Leader of the Opposition a salary of [[forty thousand rupees]] per mensem.10F. [ [Omitted by Act 24 of 2005 w.e.f. 24.8.2005]
xxx ]10G. Conveyance for the Leader of the Opposition.
10H. [ [Omitted by Act 31 of 1978 w.e.f. 19.7.1976]
x x x]10I. Charges payable by the Leader of the Opposition and the Government.
10J. Salary to the Government Chief Whip.
- There shall be paid to each Government Chief Whip a salary of [[D[thirty five thousand rupees] [Substituted by Act 18 of 2015 w.e.f. 30.04.2015] ]] per mensem.[[10K. Salary to the Opposition Chief Whip. [Deemed to have been Inserted by Act 16 of 2009 w.e.f.1.1.2009]- There shall be paid to each Opposition Chief Whip a salary of [thirty five thousand rupees] per mensem.]]10L. Conveyance for the Government Chief Whip.
10N. Charges payable by the Government Chief Whip [,and the Opposition Chief Whip] [Deemed to have been substituted by Act 16 of 2009 w.e.f.1.1.2009].
10O. [ Application of Act to Whips. [Sections 10O to 10Q Inserted by Act 31 of 1978 w.e.f. 23.3.1972]
- If a Minister or a Minister of State or a Deputy Minister is appointed as a Government Chief Whip, he shall not be entitled to any salary or allowances specified in this Act and he shall be governed by the provisions of the Karnataka Ministers Salaries and Allowances Act, 1956.10P. Government to bear electricity and water charges in certain other cases.
- In respect of the residence of the Chairman, the Speaker, the Deputy Chairman, the Deputy Speaker, the Leaders of the Opposition [,the Government Chief Whips and Opposition Chief Whips] [Deemed to have been substituted by Act 16 of 2009 w.e.f.1.1.2009] who does not avail the facility of furnished residence, monthly charges in excess of two hundred rupees for consumption of electricity and water together in his residence shall be borne by the State Government.10Q. Deductions in respect of house rent etc.
- There shall be deducted every month from the salary payable to the Chairman, the Speaker, the Deputy Chairman the Deputy Speaker, a Leader of the Opposition [the Government Chief Whips and Opposition Chief Whips] [Deemed to have been substituted by Act 16 of 2009 w.e.f.1.1.2009],-11. [Salary [x x x] [Substituted by Act 10 of 1960 w.e.f. 1.1.1960]] of members of the Legislative Assembly and the Legislative Council.
- [(1)] [Re-numbered by Act 8 of 1967 w.e.f. 10.8.1967] There shall be paid to every member of the Legislative Assembly or of the Legislative Council [a salary of [[twenty five thousand rupees] [Substituted by Act 31 of 1978 w.e.f. 1.4.1978]] per mensem] which shall accrue to him from the day on which he is declared duly elected, or, in the case of a member nominated by the Governor to fill a seat in the Legislative Assembly or the Legislative Council, from the date on which he is so nominated, or, if such declaration or nomination is made before the vacancy occurs, from the date of occurrence of the vacancy:Provided that the salary [x x x] [Omitted by Act 31 of 1978 w.e.f. 1.4.1978]1 shall not be paid until the member has made and subscribed the oath or affirmation referred to in Article 188 of the Constitution of India.[Provided further that,-(i)in the case of a member of a new Legislative Assembly constituted after a general election, the salary [x x x] shall be paid only from the date of commencement of the duration of that Assembly or if the old Legislative Assembly has been dissolved before the aforesaid date, then from the date of such dissolution; and(ii)in the case of a member of the Legislative Council, the salary [x x x] [Omitted by Act 31 of 1978 w.e.f. 1.4.1978] shall be paid only from the date on which his term of office as a member of the said Council commences.][Provided also that where a person who is already a member of the Legislative Assembly or of the Legislative Council, is elected or nominated as a member of the Legislative Council or of the Legislative Assembly, he shall be paid salary [x x x] [Inserted by Act 10 of 1960 w.e.f. 1.1.1960] as a member of the Legislative Council or of the Legislative Assembly, as the case may be, only from the date on which he ceases to be a member of the Legislative Assembly or of the Legislative Council, as the case may be.] [Inserted by Act 17 of 1957 w.e.f. 1.11.1956]11A. Pension to the members etc.
- [(1) With effect from the date of commencement of [the Karnataka Legislature Salaries, Pensions and Allowances (Amendment) Act, 2009] [Substituted by Act 24 of 2005 w.e.f. 24.8.2005] there shall be paid to every person who has served for a period of five years as,-(i)a member of the Legislative Council; or(ii)a member of the Legislative Assembly; or(iii)partly as a member of the Legislative Assembly and partly as a member of the Legislative Council,a pension at the rate of [[forty thousand] [Substituted by Act 18 of 2015 w.e.f. 30.04.2015] rupees] per mensum for the remainder of his life:[[XXX] [Omitted by Act 18 of 2015 w.e.f. 30.04.2015]]Provided further that service as such member for a part of the year exceeding six months shall be treated as a full year for the purpose of calculating additional pension:Provided also that where a member 10[elected for the first time]10 has been prevented from serving as such for five years on account of dissolution of the Legislative Assembly, he shall be deemed to have served as member for five years:Provided also that a person who was a member of the first Legislative Council and whose term was terminated by lots drawn before he could serve the full term of six years, shall be deemed, irrespective of the period for which he held office, to have served as member for five years:Provided also that where a person is declared as elected by a court in an election petition and was not able to serve as a member during the pendency of the election petition, shall be deemed, irrespective of the period of actual service, to have served as a member for five years:[["Provided also that where the election of a person is set aside by the Court in an election petition due to technical reasons not attributed to such person and for this reason was not able to serve as a member during the period of five years, shall be deemed irrespective of the period of actual service, to have served as a member for five years.Explanation. - For the purpose of this proviso technical reason means inclusion of certain voters in the voter list after the issue of notification of election by the Election Commission of India] [deemed to have been substituted by Act, 8 of 2014. with effect from 1st August, 1990]]Provided also that where a person is declared as elected in a bye-election or is nominated as a member in the middle of a term and was not able to serve the full term, he shall be deemed, irrespective of the period of actual service, to have served as a member for five years:Provided also that where a member resigns [XXX] [Omitted by Act 6 of 2011 w.e.f. 05.02.2011], he shall be deemed to have served as member for five years.[Provided also that where any person has served for more than five years there shall be paid to him an additional pension at the rate of rupees one thousand per mensem for every subsequent completed year.] [Inserted by Act 18 of 2015 w.e.f. 30.04.2015]Explanation. - For the purpose of this sub-section, a member of the Legislative Assembly or the Legislative Council includes,-11B. Family Pension.
- [(1) Where a member dies before the expiry of his term or where a person eligible for pension under section 11-A dies, there shall be paid to his family, a family pension at the rate of fifty percent of [[pension admissible] [Shall be and shall be deemed to have been substituted by act 27 of 2009 w.e.f. 1.1.2009]] under section 11A per mensem.][[(1A) Notwithstanding anything contained in sub-section (1), the family of the deceased person, who was a member of the Legislative Council or the Legislative Assembly whether he was in receipt of pension or not shall be entitled for family pension at the rate specified under sub-section (1)] [Substituted by Act 8 of 2014 w.e.f. 22.02.2014]] [as if the deceased person was a member after 26.12.1978] [Deemed to have been inserted by Act 2 of 2016 w.e.f 22.02.2014]Explanation. - For the purposes [of sub-sections (1) and (2)] [Substituted by Act 6 of 2011 w.e.f. 05.02.2011] 'family' means, the following relatives of the deceased member, namely:-(a)wife or the husband;(b)minor sons; and(c)unmarried minor daughters.11C. Sumptuary allowance.
12. Travelling and daily allowances of, and medical [and other] [Inserted by Act Act 31 of 1978 w.e.f. 1.4.1978] facilities to, members of the Legislative Assembly and the Legislative Council.
- Subject to such conditions as may be determined by rules made under this Act,-13. Minister, [a Minister of State,] [Inserted by Act 31 of 1978 w.e.f. 26.12.1978] Deputy Minister, Chairman, Deputy Chairman, [Speaker, Deputy Speaker, the Leaders of the Opposition [the Government Chief Whips and the Opposition Chief Whips] [Substituted by Act 72 of 1976 w.e.f. 19.07.1976]] not to draw salaries as members.
13A. [ Grant of advances for the purchase of Motor Cars, Motor cycles. [Section 13A and 13B inserted by Act 38 of 1985 w.e.f. 1.04.1985]
- Subject to such conditions as may be prescribed, every member shall be entitled to the grant of an advance for the purchase of a motor car or a motor cycle.13B. Recovery of dues.
- Any amount due to the Government or the Legislature Secretariat from a person who is or was a member of the Legislature may, without prejudice to any other mode of collection be recovered,-13C. [ Establishment of Benevolent Fund. [Inserted by Act 16 of 1992 w.e.f. 8.05.1992]
| (a) The Speaker, Karnataka Legislative Assembly | Chairman |
| (b) The Minister in-charge of ParliamentaryAffairs, Government of Karnataka | Member |
| (c) Leader of opposition in the LegislativeAssembly | Member |
| (a) The Chairman, Karnataka Legislative Council | Chairman |
| (b) The Minister in-charge of ParliamentaryAffairs, Government of Karnataka. | Member |
| (c) Leader of opposition in the LegislativeCouncil | Member |