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Pakistan (Punjab) Legislation |
THE
(Act XVI of 1974)
C O N T E N T S
Section Heading
1. Short title and commencement.
2. Definitions.
3. Salary.
4. Daily Allowance and Conveyance Allowance.
5. Travelling Allowance.
5-A. Additional travelling allowance.
6. Form of certificate.
7. [Omitted].
7-A. Accommodation Allowance.
7-B. House rent and utilities allowance.
8. Medical facilities.
9. Traveling Allowance and Daily Allowance for business other than Assembly business.
10. Telephone.
10-A. Office Maintenance Allowance.
10-B. Sumptuary Allowance.
10-C. Compensation in case of death.
11. Leader of the Opposition.
11-A. Official Transport.
12. Exemption from payment of toll tax.
13. Power to make rules.
14. Repeal.
15. Repeal of
[1]THE
(Act
XVI of 1974)
[
An Act to provide for salaries, allowances and privileges of
Members of the Provincial Assembly of the Province of the
Preamble.- WHEREAS it is expedient
to provide for salaries, allowances and privileges of the Members of the
Provincial Assembly of the Province
of the
It is hereby enacted as follows:-
1. Short title and commencement.- (1) This Act may be called the Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Act 1974.
(2) It shall come into force at once, but shall be deemed to have taken effect on and from the 1st day of October, 1974.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
(a) "Assembly" means the Provincial Assembly of
the Province of the
(b) "Committee" means a Select Committee or other Committee of the Assembly and includes any committee appointed by the Government for a purpose connected with the Assembly and declared by the Government to be a Committee of the Assembly;
(c) "Government" means the Government of the
(d) "meeting" means a meeting of the Assembly or any of its Committees from the commencement of its business to the termination of the business of a day;
(e) "Member" means a
Member of the Assembly other than an Adviser, Minister, Parliamentary
Secretary, Speaker or Deputy Speaker;
(f) "period of residence on duty" means the period during which a Member resides at a place where a session of the Assembly or of a Committee is held or where any other business connected with his duties as such Member is transacted, for the purpose of attending to such other business and includes-
(i) in the case of a session of the Assembly, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately following the end of the session; and
(ii) in the case of a sitting of a Committee or any other business, a period of such residence not exceeding two days, immediately preceding the commencement of the business of the Committee, or other business and a period of such residence, not exceeding two days, immediately following the conclusion of the business of the Committee or any other business; and
(g) "session" means the period commencing on the day of the first meeting of the Assembly after having been summoned and ending on the day the Assembly is prorogued or dissolved.
3. Salary.- (1) Subject to the provisions of sub-section (2) and sub-section (3), a Member may draw salary at the rate of [2][seventy six thousand] rupees per mensem:
Provided
that a Member who, without permission of the Assembly,-
(a) fails to attend at lest three-fourth of the total number of sittings held in a month; or
(b) if elected during the course of a month, fails to attend at least three-fourth of the total number of meetings held in that month subsequent to the date on which he takes his oath;
shall be ineligible to draw salary for that month.
(2) In the case of a Member who, by virtue of his holding an office of profit in the service of Pakistan declared by law not to disqualify its holder from being a Member, is entitled to receive a salary, the amount of salary to which he is entitled under this Act, shall be only such amount as would not, together with the amount of the salary calculated on a monthly basis to which he is entitled by virtue of his holding such an office, exceed [3][the salary as mentioned in subsection (1)].
(3) No salary shall be paid to any Member in respect of any period during which he was under detention on conviction for an offence involving moral turpitude under any law for the time being in force.
[4][(4) The
Government shall, by notification, increase the salary mentioned in subsection
(1) in proportion to the increase in the salary
of the civil servants of the
highest grade.
Explanation.- The
word "salary" in subsection (4) shall include any ad hoc relief or special allowance provided to the civil servants
of highest grade, having the effect of increase in the basic pay of the
civil
servants.]
4. [5][Daily Allowance and Conveyance Allowance].- A Member shall be entitled to receive a daily allowance at the rate of [6][three thousand] rupees [7][and conveyance allowance at the rate of [8][two thousand] rupees] per diem for the period of residence on duty [9][and for the day of arrival at and the day of departure from the place where a session of the Assembly or a meeting of a Committee is held or where any other business connected with his duties as such Member is transacted.]
5. Travelling Allowance.- (1) For every journey performed for the purpose of attending a session or a meeting of a Committee or for attending to any other business connected with his duties as Member from his usual place of residence to the place where the session or meeting is held or other business is transacted and for the return journey from such place to his usual place of residence, a Member shall be entitled to receive travelling allowance at the following rates:-
(a) where the journey is performed by rail, an amount equal to the fare of the class travelled plus half fare of the AC class;
(b) where the journey is performed by air, the fare of the [10][business class]; and
(c) where the journey or any part thereof is performed by road [11][the fare at the rates for the purpose mentioned in the Punjab Travelling Allowance Rules for the time being in force for officers of Grade First;]
[12][(i) * * * * * * * * * * *]
[13][(ii) * * * * * * * * * * *]
[14][(iii) * * * * * * * * * * *]
[15][Provided that if the journey is performed by personal car, the mileage allowance shall be [16][fifteen rupees] per kilometer;]
Provided that-
(i) no travelling allowance shall be admissible for journeys made during a session between the place where the session is held and any other place; and
(ii) a Member who ordinarily resides or carries on business at any place within five miles of the place at which his attendance is required in connection with his duties as a Member, shall not be entitled to travelling allowance.
(2) Travelling allowance at the rates mentioned
in sub-section (1) shall be admissible to a Member for journey performed during
the period
of adjournment of a session, if the session is adjourned for a
period of more than ten days.
[17][(3) A Member shall be entitled to travel by air in first class while travelling abroad on an official visit.]
[18][5-A. Additional traveling allowance.- Notwithstanding anything contained in section 5, a Member shall be entitled to a sum of [19][six hundred thousand] rupees per annum as an additional traveling allowance.
[20][Explanation.- In this section, "Member" means a Member of the Provincial Assembly of the Punjab, the Speaker, the Deputy Speaker, a Minister, a Parliamentary Secretary, A Special Assistant and an Advisor to Chief Minister:
Provided that for purpose of this section only an elected member of the Provincial Assembly of the Punjab serving as a Special Assistant or an Advisor to Chief Minister shall be considered as Member.]
6. Form of certificate.- Every claim by a Member for travelling allowance or daily allowance shall be supported by a written certificate in the following form signed by the Member-
"Certified that the amount has not been claimed by me in
any other bill or drawn by me from any other source."
[21][7. * * * * * * * * * * * * *]
[22][7-A. Accommodation Allowance.- Where Official accommodation is not provided to a Member, he shall be paid an accommodation allowance at the rate of [23][five thousand] rupees per day for the period of residence on duty.]
[24][7-B. House rent and utilities allowance.- (1) A Member shall be entitled to receive house
rent at the rate of [25][fifty thousand] rupees per month.
(2) A Member shall be entitled to receive
utilities allowance for gas and electricity charges of his residential
accommodation at the
rate of [26][fifteen thousand] rupees per month.]
[27][8. Medical facilities.- A Member shall be entitled, for himself and for his parents, spouse, real and step sons and daughters, wholly dependent upon him, to free indoor and outdoor medical facilities of the standard admissible to a Class-I Officer of the Government.]
[28][Provided that an ex-Member of the Assembly shall also be entitled to free indoor and outdoor medical facilities of the same standard.]
9. Travelling Allowance and Daily Allowance for business other than Assembly Business.- Where a Member is called by a Government Department in connection with any official business in his capacity as a Member, he shall be paid by that Department, travelling allowance and daily allowance for the days of journey from and to his ordinary place of residence and for the day or days he is required to attend any such official business, at the rates admissible to him under this Act.
10. Telephone.- (1) A Member shall be entitled to, at Government expense, the facility of a telephone at the place where he ordinarily resides, if the installation facility is available at such place:
Provided that Government shall pay only rupees [29][ten thousand] per month as charges of rent of the telephone and the calls made therefrom irrespective of whether the telephone is a private connection or installed at Government expense:
Provided further that the Government shall not pay expenses of re-installation in case the place of residence is changed.
(2) A Member who has not been provided with a telephone or who has no telephone connection in his own name shall be entitled to get rupees [30][ten thousand] per month in lieu of the telephone charges mentioned in sub-section (1).
[31][10-A. Office Maintenance Allowance.- A member shall be entitled to receive an office maintenance allowance at the rate of [32][ten thousand rupees] per month].
[33][10-B. Sumptuary Allowance.- A member shall receive sumptuary allowance at the rate of [34][fifteen thousand] rupees per month].
[35][10-C. Compensation
in case of death.- In case
of death of a Member, his spouse, minor children and unmarried daughters shall
be entitled to receive a sum of five hundred
thousand rupees as financial
assistance from the Government.]
[36][11. Leader of the Opposition.- Notwithstanding anything in this Act,
the Leader of the Opposition shall be entitled to the salary, allowances and
privileges as
are admissible to a Provincial Minister under the Punjab
Ministers (Salaries, Allowances and Privileges) Act, 1975 (XLI of 1975)
[37][:]]
[38][Provided that the Leader of Opposition
shall be entitled to one official telephone at his office and one at his
residence, both for
office and private use:
Provided further that the liability of Government in respect of the two telephones installed shall not exceed the amount equal to ten thousand local calls collectively for both the telephones.]
[39][11-A. Official Transport.- A Member who holds the office of a Chairman of a Committee of Assembly, other than that of a Select Committee or a Special Committee, shall be entitled to the use of not more than one official car regardless of his entitlement to have an official car in any other capacity, and where he avails himself of this facility, he shall not be entitled to receive the conveyance allowance under section 4 and Travelling Allowance under section 5:
Provided that-
(i) only one car shall be provided to a Chairman of a [40][*] Committee during the whole term of his office;
(ii) a Chairman of a [41][* * *] Committee shall be allowed [42][thirty thousand] rupees per month as petrol and maintenance allowance and expenses on petrol and maintenance of the car shall entirely be his responsibility;
(iii) on ceasing to hold office the Chairman of the [43][*] Committee shall return the car within 3 days.]
12. Exemption from payment of toll tax.- A member shall be exempt from the payment of toll tax levied by Government or any local authority in the Province.
13. Power to make rules.- After consultation with the Speaker of the Assembly, the Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
14. Repeal.- The Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Order, 1972 (Punjab Order No.1 of 1972), is hereby repealed.
15. Repeal of
[1]This Act was passed
by the Punjab Assembly on 17th December, 1974; assented to by the Governor of
the Punjab on 21st December, 1974;
and, published in the Punjab Gazette
(Extraordinary), dated 21st December, 1974, pages 1582-A to 1582-F.
[2]Substituted first
for the words "four thousand and five hundred" by the Punjab Revision of
Emoluments of Public Representatives Ordinance,
2002 (LXXII of 2002); Secondly
for the words "ten thousand" by the Punjab Public Representatives' Laws
(Amendment) Act 2016 (XI of
2016) (effective from the 1st day of
July 2015); and then for the words "eighteen thousand" by the Punjab Public
Representatives' Laws (Amendment) Act 2019 (XVI
of 2019) (effective from the 1st
day of July 2019).
[3]Substituted first
for the words "four thousand and five hundred" by the Punjab Revision of
Emoluments of Public Representatives Ordinance,
2002 (LXXII of 2002); and then
for the words "ten thousand rupees per mensem", by the Punjab Public
Representatives' Laws (Amendment)
Act 2019 (XVI of 2019) (effective from the 1st
day of July 2019).
[4]The following sub-section (4) was inserted
by the Punjab Revision of Emoluments of Public Representatives Act 2006 (IX of
2006):
"(4) The salary mentioned in sub-section (1) shall
automatically be increased by the Government in proportion to the increase in
the salary
of the civil servants."
It was substituted by
the Punjab
Public Representatives' Laws (Amendment) Act 2016 (XI of 2016) (effective from
the 1st day of July 2015).
[5]Substituted by the
[6]Substituted first
for the words "five hundred and fifty" by the Punjab Revision of Emoluments of
Public Representatives Act 2006 (IX
of 2006); Secondly for the words "six
hundred and fifty" by the Punjab Public Representatives' Laws (Amendment) Act
2016 (XI of 2016)
(effective from the 1st day of July 2015); Thirdly
for the words "one thousand" by the Punjab Public Representatives' Laws
(Amendment) Act 2019 (XVI of 2019)
(effective from the 1st day of
July 2019); and then for the words "two thousand" by
the Punjab Public Representatives' Laws (Amendment) Act 2021 (XLVIII of 2021).
[7]Inserted by the
[8]Substituted first
for the words "two hundred and fifty" by the Punjab Revision of Emoluments of
Public Representatives Ordinance,
2002 (LXXII of 2002); Secondly for the words
"four hundred" by the Punjab Public Representatives' Laws (Amendment) Act 2016 (XI
of
2016) (effective from the 1st day of July 2015); Thirdly the
words "six hundred" by the Punjab Public Representatives' Laws (Amendment) Act
2019 (XVI of 2019)
(effective from the 1st day of July 2019); and then for the words "one thousand" by the Punjab Public
Representatives' Laws (Amendment) Act 2021 (XLVIII of 2021).
[9]Added by the Punjab
Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1975 (XXVIII of 1975), effective
from the 1st day of October,
1974.
[10]Substituted by the
[11]Added by the
[12]Omitted by the
[13]Omitted by the
[14]Omitted by the
[15]Added by the
[16]Substituted first
for the words "three rupees" by the Punjab Revision of Emoluments of Public
Representatives Act 2006 (IX of 2006)
and then for the words "five rupees" by
the Punjab Public Representatives' Laws (Amendment) Act 2016 (XI of 2016)
(effective from
the 1st day of July 2015).
[17]Added by the
[18]Section 5-A was
added by Act V of 1987, after certain amendments, it was substituted by Punjab
Ordinance LXXII of 2002. Explanation
was added by Act X of 2003 and the full
section was substituted by the Punjab Provincial Assembly (Salaries, Allowances
and Privileges
of Members) (Amendment) Act 2007 (XI of 2007).
[19]Substituted first
for the words "seventy five" by the Punjab Public Representatives' Laws
(Amendment) Act 2016 (XI of 2016) (effective
from the 1st day of
July 2015); Secondly for the words "one hundred and twenty thousand" by the
Punjab Public Representatives' Laws (Amendment)
Act 2019 (XVI of 2019)
(effective from the 1st day of July 2019);
and then for the words "three hundred thousand" by the Punjab Public
Representatives' Laws (Amendment) Act 2021 (XLVIII of 2021).
[20]Substituted
by the Punjab Public Representatives' Laws (Amendment) Act 2021 (XLVIII of
2021), for the following:
"Explanation.- In this section, "Member" means a Member of the
Provincial Assembly of the Punjab, the Speaker, the Deputy Speaker and a
Minister.]"
[21]Omitted by the
[22]Added by the Punjab
Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1994 (X of 1994) effective
from
[23]Substituted first
for the words "one thousand" by the Punjab Revision of Emoluments of Public
Representatives Ordinance, 2002 (LXXII
of 2002); Secondly for the words "one
thousand and five hundred" by the Punjab Public Representatives' Laws
(Amendment) Act 2019
(XVI of 2019) (effective from the 1st day of July 2019); and then for the words "three thousand" by the Punjab
Public Representatives' Laws (Amendment) Act 2021 (XLVIII of 2021).
[24]Inserted by the
[25]Substituted for the
words "ten thousand" by the Punjab Public Representatives' Laws (Amendment) Act
2016 (XI of 2016) (effective from
the 1st day of July 2015); and
then for the words "twenty nine thousand" by the Punjab Public Representatives'
Laws (Amendment) Act 2019
(XVI of 2019) (effective from the 1st day
of July 2019).
[26]Substituted for the
words "three thousand" by the Punjab Public Representatives' Laws (Amendment)
Act 2016 (XI of 2016) (effective
from the 1st day of July 2015); and
then for the words "six thousand" by the Punjab Public Representatives' Laws
(Amendment) Act 2019 (XVI of
2019) (effective from the 1st day of
July 2019).
[27]Substituted
first by the Punjab Provincial Assembly (Salaries, Allowances and Privileges of
Members) (Amendment) Act, 1985 (XI of
1985) effective from the 1st day of
March, 1985 and then by the Punjab Revision of Medical Facilities of Public
Representatives Act
2006 (XV of 2006).
[28]Inserted proviso by
the Punjab Public Representatives' Laws (Amendment) Act 2019 (XVI of 2019)
(effective from the 1st day of July 2019).
[29]Substituted first for
the words "four thousand" by the Punjab Revision of Emoluments of Public
Representatives Ordinance, 2002 (LXXII
of 2002); and then for the words "five
thousand" by the Punjab Public Representatives' Laws (Amendment) Act 2016 (XI
of 2016) (effective from the 1st day of July 2015).
[30]Substituted first for
the words "four thousand" by the Punjab Revision of Emoluments of Public Representatives
Ordinance, 2002 (LXXII
of 2002); and then for the words "five thousand"
by the Punjab Public Representatives' Laws (Amendment) Act 2016 (XI of 2016)
(effective from the 1st day of July 2015).
[31]Added by the Punjab
Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1985 (XI of 1985) effective
from the 1st day of March, 1985.
[32]Substituted for the
words "five thousand rupees" by the Punjab Revision of Emoluments of Public
Representatives Act 2006 (IX of 2006).
[33]Added by the
[34]Substituted first
for the words "three thousand rupees" by the Punjab Revision of Emoluments of
Public Representatives Act 2006 (IX
of 2006), Secondly for the words "five
thousand" by the Punjab Public Representatives' Laws (Amendment) Act 2016 (XI
of 2016) (effective
from the 1st day of July 2015); and then for the
words "ten thousand" by the Punjab Public Representatives' Laws (Amendment) Act
2019 (XVI of
2019) (effective from the 1st day of July 2019).
[35]Inserted by the
[36]Substituted by the
[37]Substituted for the
full-stop by the Punjab Revision of Emoluments of Public Representatives
Ordinance, 2002 (LXXII of 2002).
[38]Inserted by the
[39]Added by the Punjab
Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1989 (X of 1989) effective
from the 1st day of July, 1989.
[40]Omitted by the
Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1990 (IV of 1990) effective
from 1st day of July, 1989.
[41]Omitted by the
Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1990 (IV of 1990) effective
from 1st day of July, 1989.
[42]Substituted for the
words "eight thousand rupees" by the Punjab Revision of Emoluments of Public
Representatives Act 2006 (IX of 2006);
and then for the words "fifteen
thousand" by the Punjab Public Representatives' Laws (Amendment) Act 2019 (XVI
of 2019) (effective
from the 1st day of July 2019).
[43]Omitted by the
Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members)
(Amendment) Act, 1990 (IV of 1990) effective
from 1st day of July, 1989.
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