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State of Jammu-Kashmir - Section

Section 3 in The Salaries and Allowances of the Members of Jammu and Kashmir State Legislature Act, 1960

3. Salaries and daily allowances.

(1)There shall be paid to each member of the State Legislature a Salary at the rate of [sixty thousand rupees] [Substituted 'thirty-five thousand rupees' by Jammu and Kashmir Act No. 5. of 2016, dated 8.7.2016.] per mensum:Provided that where a member fails to attend the least 90 per centum of the total number of the meetings held in any month or [if elected or nominated during the course of a month.] [Substituted vide Act XXXVII of 1963.] fails to attend at least 90 per centum of the total number of meetings held in that month subsequent to the date on which he takes his oath, he shall not be paid any salary for that month unless he satisfies the speaker of the Legislative Assembly or the chairman of the Legislative Council, as the case, may be, that he was prevented by reason of ill health or sufficient cause from attending the required number of the meeting.[(1-A) The salary referred to the sub-section (1) shall accrue to a member from the date on which he is declared duly elected or in the case of a member nominated by the [Governor] [Inserted vide Act XXXVII of 1963 w.e.f. 26-10-1060.] to fill a seat in 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 shall not be paid until the member has made and subscribed the oath of affirmation referred to in section 64 of the Constitution of Jammu and Kashmir:].[Provided further that in case of a general election for the new Legislative Assembly if held during the term of old Legislative Assembly and the results whereof are declared before the expiration of the term of old Legislative Assembly, the members of the new Legislative Assembly shall get their salary from the date when the new Legislative Assembly is declared to have been constituted through a notification in the Government Gazette] [Inserted vide Act XVI of 1976.].
(2)There shall also be paid to each member of the State Legislature a daily allowance at the rate of [Five hundred rupees] [Substituted by Act XVII of 2006.] for attending session of the Legislature or meetings of the committees :Provided that he attends all meetings and in case of absence from any meeting he has explained such absence to the satisfaction of the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be:Provided further that where such absence has been explained to the satisfaction of the Speaker or the Chairman, as the case may be, the daily allowance shall be drawn at the following rates :-
(a) for the first six days of absence in a session ... Full Rate.
(b) for a further twelve days of absence in a session ... Half rate.
(c) for days of absence in excess of eighteen in a session .... No allowance
(3)Notwithstanding anything hereinbefore contained salary shall be paid to a member in respect of any period during which he remains in detention under any law for the time being in force.