Maharashtra Legislature Members Salaries And Allowances Act, 2007

Section 1

Short title and commencement.— 4

[(1) This Act may be called the Maharashtra Legislature Members’ Salaries and Allowances Act.] (2) It shall be deemed to have come into force on the 1st day of November 1956.

Section 2

Definitions.— In this Act, unless there is anything repugnant in the subject or context,— (a) “Assembly” means the 5[Maharashtra Legislative Assembly] ; (b) “Chairman” means the Chairman of the Council ; (c) “Committee” means a committee of the Assembly or the Council or a joint committee of both, as the case may be ; (d) “Council” means the 6[Maharashtra Legislative Council]; (e) “Member” means a member of the Assembly or the Council, as the case may be; (f) 7[“Minister”, “Minister of State” and “Deputy Minister” means respectively a Minister, a Minister of State and a Deputy Minister] of the 8[Government of Maharashtra], and “Minister” includes the Chief Minister 9[and the Deputy Chief Minister]; 10[(ff) “new Member” means a 11[Member who is elected or nominated to the Assembly or Council after the commencement of the Bombay Legislature Members’ Salaries and Allowances (Amendment) Act, 1969 (Mah. XXI of 1969)], and includes a Member who is re-elected or re-nominated]; (g) “Parliamentary Secretary” means a Parliamentary Secretary to a Minister ; (h) “Speaker” means the Speaker of the Assembly ; 1[(i) “term of office” means — (a) in relation to a new Member, the period beginning with the date when such member takes his seat in the Assembly or as the case may be, in the Council 2[or such other earlier date as the State Government may by order specify in this behalf, if he is not likely to take his seat as aforesaid within fifteen days of the date of occurance of vacancy or the date of notification of his election or nomination, whichever is later,] and ending with the date on which his seat becomes vacant ; (b) in relation to any other Member, the period at whichever date begun before the commencement of the 3[Bombay Legislature Members’ Salaries and Allowances (Amendment) Act, 1969 (Mah. XXI of 1969)] and ending with the date on which his seat becomes vacant.]

Section 3

Salaries to be paid to members.— 4[**] 5[(1) Save as otherwise provided in this Act, there shall be paid to the Members, during the term of his office, the salary equivalent to the minimum basic pay and dearness allowance admissible to the Principal Secretary to the Government of Maharashtra and as revised, from time to time.] 6[ * * ] 3A. [Salary and allowance of Leaders of Opposition] Deleted by Mah. 8 of 1978, s. 14 (a).

Section 4

Daily allowance to be paid to members.— There shall be paid subject to such rules or orders 7[as may be made under section 8] in this behalf, to each Member a daily allowance 8[at the rate of 9[Rs. 2,000]] for each day of the period of residence for the purpose of attending the session of the Assembly or Council or the meeting of a Committee as the case may be, at the place where such session or meeting is held 10[ or for each day of the period of residence at any place where any business connected with the members’ duties as Chairman of a Committee is transacted] 11[or where any other business connected with his duties as Members is transacted] : Provided that in the case of a Member, who ordinarily resides or carries on business at the place where such session or meeting is held 12[or where such business is transacted], there shall be paid to such Member subject to the rules or orders as aforesaid daily allowance 13[at the rate of 14[Rs. 200]] for each day on which he attends such session or meeting 15[or transacts such business]; but a break of not more than three days between two successive meetings 16[or day on which such business is transacted] shall be deemed to be days of attendance 17[or of the transaction of such business] for such Member who does not leave the place of session or meeting 18[or of the transaction of such business] during such break. 19[Explanation.— For the purpose of this section and section 5, attendance of a Member, with the approval of the Speaker or the Chairman, as the case may be, at any place for participating in any refresher course in parliamentary practice and procedure, or for being present at any seminar, conference or meeting of any Parliamentary Association, University or other recognised body on matters connected with any parliamentary affairs, shall be deemed to be attendance of the Member at that place for transacting a business connected with his duties as a Member.]

Section 5

Travelling allowance to be paid to Members.— (1) There shall be paid to each Member a travelling allowance for a journey undertaken for the purpose of attending the session of the Assembly or Council or a meeting of a Committee to the place were such session or meeting is held 1[or for the purpose of transacting any business connected with his duties as Chairman of a Committee 2[or of attending to any other business connected with his duties as Member], to the place where such business is to be transacted] and for the return journey from such place — 3[(i) at the rate of one and one-half of 4[the air conditioned two-tier fare] for a journey by railway or steamer, irrespective of the class in which the Member actually travels, and] (ii) at such rate per mile for a journey by road, sea or river in addition to the journey by railway or steamer, as may likewise be prescribed 5* * *: 6[ * * *] 7[8[Provided that], if a Member ordinarily resides or carries on business at any place outside the State of Maharashtra, he shall be entitled to travelling allowance under this section only for that part of his journey which is performed within the limits of the State]: 9[10[Provided further that], where a Member travels 11[by railway or steamer] in accordance with the facilities provided under section 5AC, or travels on a free pass under section 5A, he shall be entitled only to a travelling allowance of an amount equal to one first class fare for the distance travelled as if such journey had been performed by railway:] 12[Provided also that, where a Member travels by railway actually by air-conditioned two-tier 13[or three-tier] he shall be entitled, if such journey is for any of the purposes specified in this section or, as the case may be, in accordance with the facilities provided under section 5AC, to a travelling allowance of an amount equal to one and one-half of air-conditioned two-tier 14[or three-tier] fare, or to one such fare, as the case may be.] 15[(1A) Notwithstanding anything contained in sub-section (1), any member may undertake or perform journey by air from any airport to any cities or towns or from any cities or towns to any airport, within the State, total thirty-two single journeys; and journey from any airport within the State to any airport situated out of the State within the territory of India, total eight single journeys during the entire period of a year. Explanation 16[I].— For the purposes of this sub-section, the term “any airport within the State” shall include such airport situated out of the State, which is nearest from his place of residence.] 3[5AA. Allowances to Chairman or member of Committee when on tour on duty in any part of India.— There shall be paid to the Chairman or a member of Committee in respect of a journey performed by him in the course of a tour in any part of India, undertaken in the discharge of his duties as such Chairman or Member, 4[daily and travelling allowances] at the same rates as are provided for in sections 4 and 5.] 5[5AB. 6* * * Chairman of 7* * * Committees entitled to travel 8[by air-conditioned coach or by air].— Notwithstanding anything contained in sections 5 and 5AA, 9* * * * * * any member may, for the purpose of transacting any business connected with his duties as 10[Chairman of any Committee] undertake or perform the journey referred to in those sections 11[either by railway in an air-conditioned coach or by air] and in that case, he shall be entitled to receive travelling allowance of an amount equal to one and one-fourth 12[of the fare for the air-conditioned class, or as the case may be, of the air fare] for each such journey. 13[5AC. Free transit by railway and steamer.— (1) Every member shall 14 * * * be provided with facilities, which shall entitle him at any time to travel singly by 15[first class or, as the case may be, by air-conditioned two-tier 16[or three-tier]] by any railway in any part of India, or by steamer in any part of the State of Maharashtra in such manner, and subject to such conditions, as may by rules or orders be prescribed in that behalf : Provided that such travel by railway in any part of India, whether within the State or outside the State, may be availed of by the member, either singly or jointly with his spouse or with his minor children or jointly with his spouse and minor children 17[or companion] so, however, that the distance so travelled by the member outside the State, and by the members of his family 18[or companion] whether within or outside the State, in any financial year does not in the aggregate exceed 19[thirty thousand kilometers]. Explanation.— For the purpose of calculating the maximum limit of 1[thirty thousand kilometers] for travelling, the number of kilometers travelled by the member outside the State, and the number of kilometers travelled by the members of his family 2[or companion] from the place of their residence, whether within or outside the State shall be counted separately. (2) (a) Notwithstanding anything contained in this Act, where a member, either singly or jointly with his spouse or with his minor children or jointly with spouse and minor children 3[or companion] undertakes a journey by air, in any part of India, whether within or outside the State, instead of by railway as provided in this section, he shall be entitled, subject to the maximum limit of 4[thirty thousand kilometers] for travelling to claim travelling allowance, as if he or both or all of them as the case may be, had undertaken the 5[journey by air-conditioned two-tier by railway]. In such cases, the difference between the fare for journey by air and the fare for 6[journey by air-conditioned two-tier by railway] will have to borne by the Member. (b) Where a Member, either singly or jointly with the members of his family 7[or companion] aforesaid undertakes a journey by steamer or road transport, in any part of India outside the State, he shall be entitled, subject to the maximum limit of 8[thirty thousand kilometers] for travelling to claim the fare journey by steamer or road transport if it is less than the fare for 9[journey by air-conditioned two-tier by railway] for the same distance or, if the fare for journey by steamer or road transport is more the fare for 10[journey by air-conditioned two-tier by railway] for the same distance, to claim the fare for 11[journey by air-conditioned two-tier by railway] for the same distance and he shall have to bear the difference between the two fares. (3) In this section and in section 5A where facilities are given to a Member to travel jointly with the spouse with or without minor children 12[or companion] then in the case of a lady member, she shall be entitled to have these facilities to travel, from time to time, jointly with her spouse or instead, with any other member of her family as defined in the Explanation below sub-section (2) of section 6]. 13[5A. Free transit by road transport service.— Every member shall be provided with one free non-transferable pass 14[together with a voucher book, for reservation of seats without charges] which shall entitle him at any time 15[to travel either singly or jointly with his spouse, 16[or companion] by such road transport services; including those provided by the Maharashtra Tourism Development Corporation Limited,] (in any part of the State of Maharashtra in which those services operate), in such class of accommodation therein, and subject to such conditions, as may by rules or orders be prescribed in that behalf.] 17[5B. Daily Allowance and travelling allowance to members on vacating seats.— Notwithstanding anything contained in this Act, a person on ceasing to be a Member, shall be entitled and be deemed always to have been entitled— (a) for the day next succeeding the day on which he ceased to be a Member to daily allowance at the rate provided for in section 4, and (b) for the return journey, to travelling allowance at the rate provided for in section 5 for such journey.] 1[5C. Telephone facilities to members.— (1) A Member shall be entitled to have a telephone installed at Government cost at the place where he ordinarily resides or at any other place in the State which is also used by him for residence. The amount of initial deposit, installation and rental charges shall be borne by the State Government. (2) Where a Member has a telephone installed at a place of his residence referred to in sub-section (1) at his own cost, then the rental charges in respect of such telephone shall be borne by the State Government. (3) There shall be paid to every Member 2[a sum of 3[Rs. 8,000]] per month irrespective of the fact whether or not telephone facility has been provided under this section or whether the member has a telephone installed at his own cost].

Section 6

Amenities.— (1) A member shall be entitled to residential accommodation 5[either without payment of rent or on payment of such rent and] on such scale and on such conditions and to such other facilities as may be prescribed by rules or orders made under section 8 : 6[Provided that, where any residential accommodation is provided to a member in any Hostel for the members, it shall be without payment of rent]. (2) Subject to rules or orders made under section 8, a member shall be entitled for himself and for members of his family who are residing with, and dependent on him, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment. Explanation.— For the purpose of this sub-section, the expression “a member of his family” means the husband, wife, son, daughter, father, mother, brother or sister]. 7[(3) A member shall be entitled, free of charge, to the services of personal assistant. For this purpose, the member may appoint any person, possessing such qualifications as may be prescribed by rules or orders made under section 8, as his personal assistant. Subject to such rules or orders as may be made in this behalf, the assistant so appointed shall receive a fixed salary 8[per month as may be specified by order issued by the State Government from time to time]]. 9[(3A) There shall be paid to every Member a sum of Rs. 10,000 per month for the availing the services of computer operator.] 10[ * * ] 11[(5) There shall be paid to every member a sum of 12[Rs. 10,000] per month for stationary and postage.] 13[(6) With effect from the date of commencement of the Maharashtra Legislature Members’ Salaries and Allowances (Amendment) Act, 2020 (Mah. XVI of 2020), every Member shall be entitled, free of charge, to the service of a Driver. For this purpose, the Member may appoint any person, possessing valid driving licence and who has not attained the age of sixty years, as a Driver. The Driver so appointed shall receive such fixed salary per month, as may be specified by order issued by the Government, from time to time.] 1[6A. Travel facilities to members.— Without prejudice to the provisions of this Act, every member, who travels with his spouse 2[or companion] shall once during every session be entitled to one first class railway fare or as the case may be, 3[steamer fare] for his spouse 4[or companion] from his usual place of residence to the place where the session is held and for the return journey from such place:] 5[Provided that, where a member and his spouse travel by railway actually by air-conditioned two-tier, he shall be entitled to one air-conditioned two-tier fare for his spouse.] 6[6B. Other amenities.— (1) The State Government may, by order, subject to such terms and conditions as may be specified in the said order, allot a piece of land, in the vicinity of Vidhan Bhavan or MLAs’ Hostel in Mumbai, to the Maharashtra State Legislature for the purpose of making available to the Members of the State Legislature, amenities like Gymkhana, Club House or Recreation Centre, etc. Explanation.— For the purposes of this section, “the Members of the State Legislature” means the sitting and past Members of the State Legislature. (2) On allotment of the land to the Maharashtra State Legislature by the State Government under sub-section (1), a Managing Committee consisting of the office bearers as specified below, shall be deemed to have been constituted from the date of such allotment, for the management, supervision, running and maintenance of such Gymkhana, Club House or Recreation Centre, etc., as the case may be, namely :— (a) Chairman . . ex officio Chairperson. (b) Speaker . . ex officio Co-Chairperson. (c) Chief Minister . . ex officio Member. (d) Deputy Chairman, Maharashtra Legislative Council . . ex officio Member. (e) Deputy Speaker, Maharashtra Legislative Assembly . . ex officio Member. (f) Deputy Chief Minister . . ex officio Member. (g) Minister for Parliamentary Affairs . . ex officio Member. (h) Leaders of Opposition in the Assembly and Council . . ex officio Members. (i) Minister(s) of State Parliamentary Affairs . . ex officio Member(s). (j) One member each from the recognised political . . ex officio Members. parties in the State Legislature, nominated by the Chairperson. (3) The Chairperson shall appoint, from amongst the members, a Treasurer and such other office bearers as deemed necessary, and the Principal Secretary of the Maharashtra Legislative Assembly or the Maharashtra Legislative Council, nominated by the Chairperson, shall be the ex officio Executive Secretary of the Committee. (4) The objectives, the nature and scope of the activities, etc., of such Gymkhana, Club House or Recreation Centre, as the case may be, set up on such land by the Maharashtra State Legislature and the membership fees, the annual subscription fees or any other fees or charges to be collected from the members by such Gymkhana, Club House or Recreation Centre, as the case may be, shall be such as may be prescribed by the rules made in this behalf by the Managing Committee and such rules shall be laid, as soon as may be, after the same are made, before each House of the State Legislature. (5) The Managing Committee may make bye-laws for its governance, and for carrying out its functions and duties, consistent with the provisions of this Act and the rules made thereunder and any other law for the time being in force. (6) The Executive Secretary of the Managing Committee shall be responsible for convening the meetings of the Committee as per the directions of the Chairperson and for recording the minutes of the meeting and shall perform such other duties and functions as may be directed by the Committee. 6C. Constitution of Fund.— (1) The Maharashtra Legislature Secretariat shall, on allotment of land by the State Government under section 6B, constitute a fund to be called “the Gymkhana Fund”, “the Club Fund”, or “the Recreation Centre Fund”, as the case may be. Such fund shall consist of,— (i) initial grant of not less than rupees five crores given by the State Government, after appropriation duly made in this behalf, by law; (ii) Membership fees, donations, endowments or any other money received by such institution by way of rent or any other source. (2) The Gymkhana, Club or the Recreation Centre, as the case may be, shall keep the current and savings deposit account with the State Bank of India or any other nationalised bank. (3) Such account shall be operated by such office bearers as may be authorised by the Managing Committee. (4) The Managing Committee shall lay before both Houses of the State Legislature, its Annual Report, not later than three months from the expiry of every financial year.]

Section 7

Ministers, Ministers of State, Deputy Ministers,] Speaker, Chairman, 2[Leaders of the Opposition] or salaried Parliamentary Secretaries not entitled to salaries and allowances, under this Act.— Notwithstanding anything contained in this Act, 3[a Minister, Minister of State or Deputy Minister], the Speaker or Chairman 4[or a Leader of the Opposition] or a salaried Parliamentary Secretary shall not be entitled to any salary, allowances, or provision for residential accommodation under this Act, by reason of the fact that 5[the Minister, Minister of State, Deputy Minister], Speaker, Chairman, 6[Leader of the Opposition] or salaried Parliamentary Secretary is a Member of the Assembly or Council.

Section 8

[Power to make rules and orders].— 8[(1) (a) For the purpose of making rules or orders under this section, there shall be constituted a Joint Committee of both Houses of the State Legislature consisting of five members from the Council nominated by the Chairman and ten members from the Assembly nominated 9[by the Speaker and the Finance Minister shall be its ex-officio member and Chairman]. (b) The Joint Committee constituted under clause (a) 10 * * * shall have power to regulate its procedure. (c) A member of the Joint Committee, 11[other than Finance Minister] shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman or the Speaker, as the case may be. (d) The Joint Committee constituted under clause (a) may, in consultation with the State Government make rules or orders for carrying out the purposes of this Act. (e) Any rules or orders made under clause (d) shall not take effect until they are approved and confirmed by the Chairman and the Speaker and are published in the Official Gazette; and such publication of the rules or orders shall be conclusive proof that they have been duly made.] (2) Any rule or order under this section may be made so as to be retrospective to any date not earlier than the 1st day of November 1956. (3) Rules or orders made under this section shall have effect as if enacted in this Act.

Section 9

Repeal.— The Bombay Legislature Members’ Salaries and Allowances Act, 1937 (Bom. III of 1937), the Bombay Legislature Members’ Daily Allowance Act, 1950 (Bom. XXI of 1950), and the Bombay Legislature Members’ Travelling Allowance Act, 1950 (Bom. XLV of 1950), (in this section referred to as the said Acts), and any law corresponding with the provisions of this Act in force immediately before the 1st day of November 1956 in or in relation to any territories which after that date form part of the new State of Bombay shall stand repealed : Provided that notwithstanding such repeal any rules or orders made under the said Acts shall, so far as they are not inconsistent with the provisions of this Act continue in force and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any rules or orders made under this Act.