The Salaries and Allowances of Ministers (Amendment) Act, 2009

[January 21, 2010]

An Act further to amend the Salaries and Allowances of Ministers Act, 1952

Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows—

Prefatory Note—Statement of Objects and Reasons-

Under sub-section (1-A) of Section 6 of the Salaries and Allowances of Ministers Act, 1952, a Minister is entitled (subject to certain provisions of the said Act) to travelling allowance in respect of not more than twelve return journeys performed, during each year, within India, for himself and his family, whether travelling together or separately, subject to the overall entitlement of forty-eight single journeys in each year. Under sub-section (2) of Section 5 of the Salary, Allowances and Pension of Members of Parliament Act, 1954, a Member of Parliament is entitled (subject to certain provisions of the said Act) to an amount equal to the fare by air for each single journey performed by him either alone or along with spouse or any number of companions or relatives from any place in India to any other place in India during his term of office as such Member, subject to a maximum of thirty-four such journeys per year.

2. From the abovementioned provisions, it is observed that a Member of Parliament is entitled to travel by air for each single journey performed by him, either alone or along with spouse or any other number of companions or relatives whereas, a Minister can avail this facility either for himself or for his family members only.

3. In order to remove this discrepancy in the entitlement of Ministry to travel facilities, it is proposed to amend sub-section (1-A) of Section 6 of the Salaries and Allowances of Ministers Act, 1952 so as to allow the spouse or legitimate or step children residing with or wholly dependent on the Minister to travel on their own or with the Minister but to allow the companions or relatives of the Ministers to travel only with the Minister, subject to a maximum of forty-eight fares only.

4. The Bill seeks to achieve the above object.

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1. Received the assent of the President on January 21, 2010 and published in the Gazette of India, Extra., Part II, Section 1, dated 22nd January, 2010, pp. 1-2, No. 3

1. Short title and commencement.—

(1) This Act may be called the Salaries and Allowances of Ministers (Amendment) Act, 2009.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Section 6 of Act 58 of 1952.—

In Section 6 of the Salaries and Allowances of Ministers Act, 1952, for sub-section (1-A), the following sub-section shall be substituted, namely—

“(1-A) A Minister shall be entitled to an amount equal to the fare for a single journey performed by him, during each year, within India, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him, or any number of companions or relatives, at the same rates at which travelling allowance is payable to such Minister under clause (b) of sub-section (1) in respect of tours referred to in that clause, subject to a maximum of forty-eight such fares per year:

Provided that the spouse or legitimate or step children residing with and wholly dependent on the Minister, as the case may be, may undertake such journey alone.”