No: 12 Dated: Jan, 07 2010

THE UTTARAKHAND MINISTERS (SALARIES, ALLOWANCES AND MISCELLANEOUS PROVISIONS) ACT, 2009

[UTTARAKHAND ACT No. 12 OF 2010]

    An Act to consolidate the law relating to the salaries, allowances and other facilities to Ministers of the State of Uttarakhand

    Be it is enacted by the Legislative Assembly of the State of Uttarakhand in the Sixtieth Year of the Republic of India as follows: -

1. Short Title and Commencement. - (1) This Act may be called the Uttarakhand Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 2009.

(2) It shall come into force at once.

2. Definitions. - In this Act -

(a) "Maintenance" in relation to a residence includes the payment of local rates and taxes and the provision for water and electricity including electricity duty; and

(b) "Family" in relation to a Minister means his or her spouse, son, daughter, father, mother, brother or sister residing with and wholly dependent on such Minister;

(c) "Minister" means a member of the Council of Ministers of the Government of Uttarakhand and includes the Chief Minister, a Minister of State and a Deputy Minister of the State;

(d) "Assembly" means the Uttarakhand Legislative Assembly.

3. Salary. - (1) The Chief Minister and Minister shall be entitled, throughout the term of his office, to a salary of [Ninety thousand] rupees per month.

(2) Every Minister of State shall be entitled, throughout the term of his office, to a salary of [Eighty four thousand] rupees per month.

(3) Every Deputy Minister shall be entitled, throughout the term of his office, to a salary of [Seventy two thousand] rupees per month.

(4) The salary referred to in sub-section (1) and (2) shall be exclusive of the tax payable in respect of such salary (including perquisites) under any law relating to income tax for the time being in force, and such tax shall be borne by the State Government.

4. Residence. - (1) Each Minister shall be entitled without payment of any rent to the use throughout the term of his office and for a period of Fifteen days thereafter, of a residence at Dehradun or Capital of State which shall be furnished and maintained at public expense at the prescribed scale.

(2) Each Minister for whose use a residence at Dehradun of Capital of State has been provided under sub-section (1) shall immediately after the expiration of the period referred to in that sub-section, vacate such accommodation and an officer authorized by the State Government in this behalf may take possession of the accommodation and may, for the purpose, use such force as may be necessary in the circumstances.

(3) Where a Minister has not been provided with a residence in accordance with sub-section (1), or does not avail of the benefit of the said sub-section, he shall be entitled to compensatory allowance at the rate of Rupees [Forty thousand] per month.

(4) The motor vehicle provided to a Deputy Minister at any time before the commencement of this Act shall be deemed to have been validly provided.

5. Conveyance. - (1) Each Minister shall, throughout the term of his office, be provided with a motor vehicle with chauffeur (driver) which shall be purchased and maintained at public expense in accordance-with the rules made in that behalf.

(2) The terms and conditions for the use of the motor vehicle referred to in sub- section (1) shall be such as may be prescribed.

6. Travelling allowance etc. - (1) Each Minister other than a Deputy Minister shall be entitled for journeys (whether by road, sea or air) performed in connection with the discharge of his official duties to travelling allowance and out of pocket expenses for himself and the members of his family at such rates and upon such conditions as may be prescribed.

(2) Each Deputy Minister shall be entitled for journeys (whether by road, sea or air) performed in connection with the discharge of his official duties to travelling and daily allowance at such rates and upon such conditions as may be prescribed.

(3) Each Minister shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family"s effects -

(a) in respect of the journey to Dehradun or Capital of the State from his usual place of residence outside Dehradun for the purposes of assuming office; and

(b) in respect of the journey to Dehradun or Capital of the State to his usual place of residence outside Dehradun on relinquishing office.

(4) Notwithstanding anything contained in sub-sections (1) to (3), no travelling allowance shall be payable to a Minister in respect of journeys performed by the motor vehicle referred to in section 5 or any other vehicle belonging to the State Government.

7. Use of circuit houses etc. - Every Minister shall be entitled and be deemed always to be entitled to the use of the circuit house, inspection house or other rest houses maintained by the State Government without payment of any rent or electricity charges during the course of journeys performed in connection with the discharge of his official duties.

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