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1.     The Gujarat Legislative Assembly Members (Removal of           Disqualifications) Act, 1960. (Guj Act No. I of 1960)
 
2.     The Gujarat Legislative Assembly Members' Salaries and
        Allowances Act, 1960. (Guj Act No. II of 1960)
 
3.     Gujarat Legislative Assembly (Speaker and Deputy Speaker)
        Salaries and Allowances Act, 1960. (Guj Act No. III of 1960)
 
4.     The Gujarat Legislative Assembly Proceedings(Protection
        of Publication) Act, 1961.(Guj Act No.IX of 1962)
 
5.     The Gujarat Legislative Assembly (Leader of the Opposition)
        Salary and Allowances  Act, 1979.(Guj Act No.16 of 1979)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GUJARAT ACT NO. I OF 1960
 
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS (REMOVAL OF DISQUALIFICATIONS) ACT, 1960.
 
 
C O N T E N T S

 PREAMBLE.
 SECTIONS.
 
  1. Short title and commencement.
  2. Removal of certain disqualifications.
  3. Repeal of Guj. Ord. No. V of 1960.
             THE SCHEDULE.









GUJARAT ACT NO. I OF 1960
 
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS (REMOVAL OF DISQUALIFICATIONS) ACT, 1960.
 
[22nd September, 1960]
 
 
Amended by Guj. 23 of 1962.
      "         "      "   17 of 1984.
      "         "      "     3 of 1985.
      "         "      "     2 of 1986.
      "         "      "   16 of 1991.
      "         "      "     1 of 1996.
      "         "      "     2 of 1996.
      "         "      "     1 of 1997.
      "         "      "     4 of 2008.
 

          An Act to provide for the removal of certain disqualifications for being chosen as, and for being a member of the Gujarat Legislative Assembly.

 

          WHEREAS by the Constitution provision has been made for declaring by Act of the state Legislature any office of profit under the Government of India or the Government of any State specified in the First Schedule to the said Constitution not to disqualify its holder for being chosen as, and for being, a member of a State Legislature;

 

          AND WHEREAS it is expedient to make such declaration; It is hereby enacted in the Eleventh Year of the Republic of India as follows :--

  1. Short title and commencement.
      (1) This Act may be called the Gujarat Legislative Assembly Members            (Removal of Disqualifications) Act, 1960.
      (2) It shall come into force on the 1st day of May, 1960.
  1. Removal of certain disqualifications.

                      A person shall not be disqualified for being chosen as, or for being a member of the Gujarat Legislative Assembly merely by reason of the fact that he holds any of the offices specified in the Schedule appended hereto.

  1. Repeal of Guj. Ord. No.V of 1960.

                      The Gujarat Legislative Assembly Members (Removal of Disqualifications) Ordinance, 1960 is hereby repealed.

 
 
THE SCHEDULE
 
(See section 2)
 

  1. The office of Parliamentary Secretary to a Minister of the Government of Gujarat.

    1A. Any office held by a Minister, Miniser of State or Deputy Minister, whether ex-officio or by name.

  1. The office of part-time professor or lecturer in a Government College.

  1. Any office in the National Cadet Corps, the Territorial Army, the Air Defence Reserve and the Auxiliary Air Force.

  1. Any office in the Home Guards.

  1. Any office in a village defence party (by whatever name called) constituted by or under the authority of the State Government.

Bom. XXIV of
1951.

  1. The office of a member of the Advisory Board constituted under the Bombay Wild Animals and Wild Birds Protection Act, 1951 or any corresponding law in force in any part of the State of Gujarat.

  1. The office of Secretary of the District or Regional Development Boards constituted by the State Government (by whatever name called):
            Provided that the holder of such office does not hold any other office of profit under the State Government.

IX of 1956.

  1. Any office under an insurer the management of whose controlled business has vested in the Central Government under the Life Insurance (Emergency Provisions) Act, 1956.

IX of 1956.

             Explanation—For the purpose of this entry, the              expression “controlled business” and “insurer” shall have              the meanings assigned to them in the Life Insurance              (Emergency Provisions) Act, 1956.

  1. The office of an Honorary Medical Officer or Honorary Assistant Medical Officer in a hospital under Government management.

Bom. XL of
1956.

  1. The office of Chairman or member of the Labour Welfare Board constituted under the Bombay Labour Welfare Fund Act, 1953.

  1. The office of Chairman, Vice-Chairman, Director, Secretary or Member of any Committee or Statutory body appointed by the Central or State Government:

               Provided that the Chairman, Vice-Chairman, Director, Secretary or Member of such Committee or Statutory body does not receive any remuneration other than compensatory allowance nor does he receive any facilities other than such facilities (including furnished office, staff, vehicle and free residential accommodation) as are deemed by Government to be essential for the efficient performance of his duties as such.

              Explanation—For the purpose of this entry, “compensatory allowance” shall mean the traveling allowance, the daily allowance or such other allowance which is paid to the holder of the office for the purpose of meeting his personal expenditure in attending the meetings of the Committee or body or in performing any other functions as the holder of the said office.

  1. The office of an examiner for any examination held by the Central or State Government or by the Union Public Service Commission or the Gujarat Public Service Commission.

XXXIV of 1948.

  1. The following offices held under the Employees’ State Insurance Act, 1948 to provide medical benefit to insured persons under the said Act, that is to say—
         (a) the office of an Insurance Medical Practitioner,
         (b) the office of a part-time medical officer or specialist in a hospital, dispensary, nursing home, maternity home or other institution established by the Employees’ State Insurance Corporation or the State Government, and
         (c) the office of a medical practitioner appointed to provide medical benefit to insured persons in any private hospital, dispensary, nursing home or maternity home or other institution recognised for the purpose by the Employees’ State Insurance Corporation or the State Government.

Guj. XXIII of
1962.

  1. The office of a Director of the Gujarat Industrial Development Corporation nominated under clause (b), (c) or (d) of sub-section (1) of section 4 of the Gujarat Industrial Development Act, 1962, by reason only of his holding such office.

Guj. 5 of
1972.

  1. The Office of Chairman or Member of the Gujarat Tribal Development Corporation constituted under the Gujarat Tribal Development Corporation Act, 1972.

  1. The Office of Chairman or Member of the Gujarat State Social Welfare Advisory Board.

  1. The Office of Chairman or Member of the Gujarat Backward Classes Board.

  1. The Office of Chairman or Member of the Gujarat Minorities Board.

  1. The Office of Chairman or Member of the Gujarat Scheduled Castes Economic Development Corporation Limited.

  1. The Office of Chairman or Member of the Gujarat State Scheduled Castes Welfare Advisory Board.

  1. The Office of Chairman or Member of the Gujarat Women’s Economic Development Corporation.

  1. The Office of Chairman or Member of the Gujarat Landless Labourers and Halpati Housing Board.

  1. The Office of the Executive Chairman and of the Additional Executive Chairman of the High Level Committee for effective implementation of the 20 Point Economic Programme.

  1. The Office of Government Chief Whip, Government Deputy Chief Whip or Government Whip.

  1. The Office of Chairman of the Film Development Corporation of Gujarat Limited.

64 of 1950.

  1. The Office of Chairman or Director of the Gujarat State Road Transport Corporation established under the Road Transport Corporations Act, 1950.

  1. The Office of Chairman or Director of the Gujarat Dairy Development Corporation Limited.

  1. The Office of Chairman or Director of the Gujarat State Handloom Development Corporation Limited.

  1. The Office of Chairman or Director of the Gujarat State Export Corporation Limited.

58 of 1962.

  1. The Office of Chairman or Director of the Gujarat State Warehousing Corporation established under the Warehousing Corporations Act, 1962.

  1. The Office of Chairman or Director of Sardar Sarovar Narmada Nigam Limited.

  1. The Office of Chairman or Director of the Gujarat State Forest Development Corporation Limited.

63 of 1951.

  1. The Office of Chairman or Director of the Gujarat State Financial Corporation established under the State Financial Corporations Act, 1951.

  1. The Office of Chairman or Director of the Gujarat Mineral Development Corporation Limited.

  1. The Office of Chairman or Director of the Gujarat State Seeds Corporation Limited.

  1. The Office of Chairman or Director of the Gujarat Agro-Industries Corporation Limited.

  1. The Office of Chairman or Director of the Gujarat Tractor Corporation Limited.

  1. The Office of Chairman or Director of the Gujarat Water Resources Development Corporation Limited.

43 of 1995.

  1. The Office of Chairperson or Director of the Gujarat State Wakf Board established under the Wakf Act, 1995.

6 of 1974.

  1. The Office of Chairman or Member of the Gujarat Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974.)

 
 
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GUJARAT ACT NO. II OF 1960.
 
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS' SALARIES AND ALLOWANCES ACT, 1960.
 
 
C O N T E N T S

 PREAMBLE.
 SECTIONS.
 
 
      1.        Short title and commencement.
      2.        Definitions.
      3.        Salaries to be paid to Members and consolidated allowance.
      4.        Daily allowance to be paid to Members.
      5.        Travelling allowance to be paid to Members.
      5A.     Allowances to chairman or member of committee when on tour
                 on duty in any part of India.
      5B.      Free transit by railway.
      6.        Free transit by road transport service and payment of mileage.
      6AB.   Travel facilities by Air.
      6AA.   Free transit by railway and road transport service to spouse of                  member.
      6A.     Telephone facilities
      7.        Daily allowance and traveling allowance to Members on vacating seats.
      8.        Amenities.
      8A.      Mode of recovery of sums due by member.
      9.         Ministers, Deputy Ministers, Speaker, Deputy Speaker, Leader of the                  Opposition, salaried Parliamentary Secretaries or Government                  Chief Whip not entitled to salaries and allowances under this Act.
      10.      Power to make rules and orders.
      11.       Repeal of Guj. Ord. No.III of 1960 and Guj. Ord. No.X of 1960.









GUJARAT ACT NO. II OF 1960.
 
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS' SALARIES AND ALLOWANCES ACT, 1960.
 
[22nd September, 1960.]
 
 
Amended by Guj. 24 of 1963.
      "         "      "   11 of 1965.
      "         "      "   17 of 1966.
      "         "      "   16 of 1968.
      "         "      "    6 of 1970.
      "         "      "    7 of 1972.
      "         "      "    22 of 1977.
      "         "      "    15 of 1979.
      "         "      "    16 of 1979.
      "         "      "    19 of 1981.
      "         "      "    29 of 1986.
      "         "      "    6 of 1992.
      "         "      "    20 of 1998.
      "         "      "    23 of 2005.
 

          An Act to provide for the salaries and allowances of Member of the Gujarat Legislature and certain other matters.

 

          WHEREAS it is expedient to provide for the determination of the salaries and allowances of Members of the Gujarat Legislative Assembly and other matters hereinafter appearing; It is hereby enacted in the Eleventh Year of the Republic of India as follows:-

  1. Short title and commencement.
          (1) This Act may be called the Gujarat Legislative Assembly Members’                 Salaries and Allowances Act, 1960.
          (2) It shall come into force on the 1st day of May, 1960.
  1. Definitions.
          (1) In this Act unless there is anything repugnant in the subject or context--                (a) “Assembly” means the Gujarat Legislative Assembly;                (b) “Committee” means a Committee of the Assembly ;                (c) “Member” means a Member of the Assembly;
               (d) “Minister” and “Deputy Minister” means respectively a Minister and                       Deputy Minister of the Government of Gujarat, and “Minister” includes –                        (i) the Chief Minister,
                       (ii) the Deputy Chief Minister, and
                       (iii) a Minister of State;
               (e) “Parliamentary Secretary” means a Parliamentary Secretary to a
                      Minister;
               (f) “Speaker” means the Speaker of the Assembly;
               (g)  “term of office” in relation to a Member means the period beginning
                       with the date when such Member takes his seat in the Assembly and
                       ending with the date on which his seat becomes vacant:
11 of 1960.

                             Provided that in the case of Members of the Bombay Legislative                Assembly who are by virtue of section 15 of the Bombay Reorganization                Act, 1960. deemed to have been elected to the Gujarat Legislative                Assembly the period of their term of office shall for the purposes of this Act                be deemed to begin with the 1st day of May, 1960.

  1. Salaries to be paid to Members and consolidated allowance.
 

            (1) There shall be paid to each Member during the whole of his term of office, a salary per month at the rate of minimum basic pay payable to a Class I officer in the lower rung of the State Government.

 

            (2) There shall be paid to each Member during the whole of his term of office per month, the consolidated allowance on the aggregate amount of the pay, cost of telephone charges, services of personal assistant and postal and stationery charges referred to in sub-section (1) of this section, sub-section (2) of section 6A and sub-sections (2) and (5A) of section 8 respectively, at the rate of dearness allowance applicable to the employees of the State Government.

 

Explanation.- For the purpose of this sub-section, 'dearness allowance' means the dearness allowance as may be increased by the State Government from time to time after the 1st April, 2005 but does not include dearness allowance already declared prior to the said date.

  1. Daily allowance to be paid to Members.

                      There shall be paid, subject to such rules or orders as may be made under section 10 in this behalf,

(a)    to each Member, to whom clause (b) does not apply, a daily allowance at the rate of Rs. 200 for each day of the period of residence for the purpose of attending the session of the Assembly or the meeting of a Committee or the business connected with Member’s duties as Chairman of a Committee, as the case may be, at the place where such session or meeting is held or such business is transacted.

(b)   to each member who ordinarily resides or carries on business at the place where such session or meeting is held or the business connected with the Member’s duties as Chairman of a Committee is transacted, a daily allowance at the rate of Rs. 200 for each day on which he attends such session, meeting or business:

                       Provided that where a member attends such session, meeting or business immediately before or immediately after a break of not more than four days between any two successive meetings, such break shall be deemed-

(i)   in the case of a Member to whom clause (a) applies to be the period of residence at the place where such session or meeting is held or such business is transacted.

(ii) in the case of a Member to whom clause (b) applies, to be the days of attendance of such session or meeting or business.

  1. Travelling allowance to be paid to Members.

      (1)   There shall be paid to each Member a traveling allowance for a journey undertaken for the purpose of attending the session of the Assembly or a meeting of a Committee to the place where such session or meeting is held or for the purpose of transaction of any business connected with his duties as Chairman of a Committee to the place where such business is transacted and for the return journey from such place--
          (i) for a journey by railway or steamer at the rate of one and one half of the
               fare of such class provided thereon, as may be determined by rules or
               orders made under section 10, and
          (ii) subject to the provisions of sub-section (2) of section 6, for a journey by
                road, sea or river whether in addition to the journey by railway or steamer,
                or otherwise, at such rate per kilometer as may likewise be determined.

                      

 

                      Provided that nothing in this sub-section shall entitle a Member to travelling allowance if such Member ordinarily resides or carries on business at the place where such session or meeting is held or such bussiness is transacted:

                      Provided further that where a Member travels by railway in accordance with the facilities under section 5B he shall be entitled only to a traveling allowance of an amount equal to one half first class far for the distance traveled.

 
        5A.        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 a 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, daily and traveling allowance at the same rates as are provided for in sections 4 and 5.

 
        5B.        Free transit by railway.

                      Every member shall, with effect from such date as may be notified by the State Government in the Official Gazette, be provided with facilities which shall entitled him at an ime to travel by first class or by second class Air conditioned by any railway in any part of the State of Gujarat and in any part of India 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 outside the state of Gujarat may be availed of by a member singly or jointly with his spouse, and two other members of his family residing with and dependent on him, so however that the total distance so traveled by the member singly in any year does not exceed 10,000 kilometres and the total distance so traveled jointly by the member and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometres.

                    Explanation—For the purpose of calculating the number of kilometers traveled by a member jointly with his spouse and two other members of his family residing with and dependent on him outside the state of Gujarat, the number of kilometers traveled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately.

  1. Free transit by road transport service and payment of mileage.

  (1)   Every Member shall on the production of identity card, be entitled to travel at any time in any part of the State of Gujarat by such road transport service, in such class of accommodation and subject to such conditions, as may be determined by rules or orders made under section 10.

 (2)   Where a Member travels on such indentity card for a purpose mentioned in sub-section (1) of section 5 he shall be paid traveling allowance at such rate per kilometer as may be determined by rules or orders made under section 10.

 (3)   Every member shall, with effect from such date as may be notified by the State Government in the Official Gazette, be provided with facilities which shall entitle him at any time to travel by road transport service in any part of India outside the State of Gujarat in such manner and subject to such conditions as may, by rules or orders be prescribed in that behalf:

                     Provided that such travel by road transport service in any part of India outside the State of Gujarat may be availed of by a member singly or jointly with his spouse and two other members of his family residing with and dependent on him subject to the limitation specified in the proviso to section 5B.

 
  6AB.    Travel facilities by air.

                    Any member may undertake or perform journey alongwith co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occasions in each year:

                     Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the member.

 
  6AA.    Free transit by railway and road transport service to spouse of member.

                    Where a member travels jointly with his spouse and two other members of his family residing with and dependent on him in any part of the State of Gujarat either by railway or by road transport service such spouse and the members of his family shall be entitled in respect of such travel to the same facility of free transit by railway or as the case may be, free transit by road transport service as such member is entitled under section 5B or, as the case may be, sub-section (1) of section 6.

 
   6A.     Telephone facilties.

 (1)   Where a member has a telephone installed at the place where he ordinarily resides or at any other place in the State of Gujarat which is also used by him for residence, the rental charges in respect of such telephone shall be borne by the State Government.

 (2)  There shall be paid to every Member a sum of Rs. 4,000 per month to meet with the cost of telephone charges that may be incurred by him as such member, whether or    not   he    has    a   telephone installed at the place referred to in
sub-section (1).
  1. Daily allowance and traveling allowance to Members on vacating seats.

                      Notwithstanding anything contained in this Act, a person on ceasing to be a member, shall be entitled—

     (a) for the day next succeeding the day on which he ceased to be a Member, to      daily allowance at the rates provided for in section 4, and
     (b) for the return journey to traveling allowance at the rate provided for in section      5 for such journey.

 
  1. Amenities.

     (1) A member shall be entitled to residential accommodation on such scales      and on such conditions as may be determined by rules or orders.

     (2) There shall be paid to every Member a sum of Rs. 3000 per month towards      the cost of services of a personal assistant that may be incurred by him as such      Member.
 

     (5) A member and the members of his family who are residing with and      dependent on him shall be entitled, free of charge, to accommodation in      hospitals maintained by the State Government and to medical attendance      and treatment therein.

     Provided that—
       (a) a Member and the members of his family who are residing with and        dependent on him shall be entitled,-
          (i)  in a place where there is no hospital maintained by the State Government,             such accommodation, medical attendance or treatment in a hospital             maintained by a municipality or a panchayat; and
          (ii)  notwithstanding that in a place where there is a hospital maintained by             the State Government in case of critical condition of health or emergency to             be certified by the Authorised Medical Attendant of a hospital or dispensary             where treatment is taken to such accommodation, medical attendance or             treatment in the hospital maintained by a municipal corporation, a             municipality, a panchayat or a hospital or dispensary receiving aid from the             state Government; and
      (b)  a Member shall be entitled to be reimbursed by the State Government,        subject to such rules as may be made under section 10 in this behalf, with        any amount paid by him on account of medical attendance and treatment        taken by him or by a member of his family residing with and dependent on        him, on production of a certificate and bills regarding the charges paid by        him in respect of such medical attendance or treatment—

          (i) from any Authorised Medical Attendant of a hospital mentioned in
            proviso(a)(ii) above, or

          (ii)  from any registered Medical Practitioner (a) in the State of Gujarat, where             there is no hospital maintained by the State Government, municipal             corporation, municipality or a panchayt or a hospital or dispensary receiving             aid from the State Government, or (b) in ay part of India outside the State of             Gujarat.
 
      (5A)      There shall be paid to every Members a sum of Rs. 3000 per month to
                 meet with the cost of postal and stationery charges that may be incurred
                 by him as such member.
       (6)     A member shall be entitled to such other facilities, as may be determined                 by rules or orders.

             Explanation (1).- In this section “rules” and “orders” means rules or orders
                                          respectively made under section 10.

             Explanation (2).- For the purposes of this section “a member of the family”
                                          means the husband, wife, son, daughter, father, mother,
                                          brother or sister.
 
   8A.     Mode of recovery of sums due by member.

                      Any sum due to the State Government from a member in respect of
             any amenity or facility provided to him under section 8, if not paid by the
             member, may be recovered from him by making a deduction from the
             amount of the salary or other allowances payable to him under this Act.

  1. Ministers, Deputy Ministers, Speaker, Deputy Speaker, Leader of the Opposition, salaried Parliamentary Secretaries or Government Chief Whip not entitled to salaries and allowances under this Act.

                      Notwithstanding anything contained in this Act, a Minister or Deputy
             Minister, the Speaker or the Deputy Speaker, Leader of the Opposition, a
             salarised Parliamentary Secretary or a government Chief Whip shall not be
             entitled to any salary, allowances, or provisions for residential
             accommodation under this Act, by reason of the fact that Minister, Deputy
             Minister, Speaker, Deputy Speaker, Leader of the Opposition salarised
             Parliamentary Secretary or a Government Chief Whip is a member of the
             Assembly.

  1. Power to make rules and orders.
 
       (1)   (a)  For the purpose of making rules or orders under this section, there                shall be constituted a Committee consisting of ten Members from the                Assembly nominated by the Speaker. The Chairman of the Committee                shall be appointed by the Speaker from amongst the Members thereof.

               (b)  The Committee constituted under clause (a) shall have power to                regulate its procedure.

               (c)  A Member of the Committee shall hold office as such Member for one                year from the date of his nomination and any casual vacancy in the                committee may be filed by nomination by the speaker.
               (d)  The 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 make under clause (d), shall be approved and                confirmed by the Speaker and shall be published in the Official Gazette,                and such publication of the rules or orders shall be conclusive proof that                they have been duly made.

      (1A)   Until a committee is constituted under sub-section (1), the State
                 Government in consultation with the Speaker, may make rules or orders
                 for carrying out the purposes of this Act and any rule or order so made
                 shall continue in force until superseded by any rule or order made by the
                 committee under sub-section (1).

 
        (2)  Any rule or order made under this section may be made so as to be                retrospective to any date not earlier than the 1st day of may 1960.         (3)   Rules or orders made under this section shall have effect as if enacted in                this Act.
  1. Repeal of Guj. Ord. No.III of 1960 and Guj.Ord.No.X of 1960.

                       The Gujarat Legislative Assembly Members’ Salaries and Allowances
             Ordinance, 1960 and the Gujarat Legislative Assembly Members’ Salaries
             and Allowances (Amendment) Ordinance, 1960 are hereby repealed and
             the provisions of sections 7 and 25 of the Bombay General Clauses Act,
             1904 shall apply to such repeal as if those Ordinances were enactments.

 
 
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GUJARAT ACT NO. III OF 1960.
 
THE GUJARAT LEGISLATIVE ASSEMBLY (SPEAKER AND DEPUTY SPEAKER) SALARIES AND ALLOWANCES ACT, 1960.
 
 
C O N T E N T S

 PREAMBLE.
 SECTIONS.
 
 
      1.        Short title and commencement
      2.        Definitions.
      3.        Salary of Speaker.
      3A.     Consolidated allowance to Speaker.
      3B.     Dearness Allowance to Speaker.
      4.        Residence of Speaker.
      5.        Conveyance for Speaker.
      6.        Travelling and daily allowances.
      6A.     Travelling allowances on assumption of office by Speaker and on                   ceasing to be speaker.
      6AA.   Free transist by railway.
      6AB.   Free transist by air.
      6B.     Telephone facilities to Speaker.
      7.        Medical Attendance.
      7A.     Sumptuary allowance to Speaker
      8.        Speaker not to practice any profession or engage in any trade.
      9.        Speaker not entitled to salary and allowances as member of the                   State Legislature.
      10.       Salary of Deputy Speaker.
      10A.    Consolidated allowance to Deputy Speaker.
      10B.     Dearness allowance to Deputy Speaker.
      11.        (Deleted)
      12.        Travelling and Daily Allowances to Deputy Speaker.
      12A.     Telephone facilities to Deputy Speaker.
      12B.     Residence of Deputy Speaker.
      12C.     Conveyance for Deputy Speaker.
      12D.     Travelling allowance on assumption of office by Deputy Speaker and on                   ceasing to be Deputy Speaker.
      12E.     Medical attendance.
      12F.     Deputy Speaker not to practice any profession or engage in any trade.
      12G.     Deputy Speaker not entitled to salary and allowance as member of the                   state Legislature.
      13.        Power of State Government to make rules and orders
      14.        Repeal of Gujarat Ord. No. IV of 1960.









GUJARAT ACT NO. III OF 1960.
 
THE GUJARAT LEGISLATIVE ASSEMBLY (SPEAKER AND DEPUTY SPEAKER) SALARIES AND ALLOWANCES ACT, 196O.
 
[22nd September, 1960.]
 
 
Amended by Guj. 12 of 1964.
      "         "      "   4 of 1972.
      "         "      "   19 of 1981.
      "         "      "   18 of 1982.
      "         "      "   29 of 1986.
      "         "      "    19 of 1987.
      "         "      "    12 of 1988.
      "         "      "    2 of 1991.
      "         "      "    6 of 1992.
      "         "      "    20 of 1998.
      "         "      "    23 of 2005.
 

          An Act to provide for the salaries and allowances of the Speaker and the Deputy Speaker of the Gujarat Legislative Assembly and certain other matters.

 

          WHEREAS it is expedient to provide for the determination of the salaries and allowances of the Speaker and the Deputy Speaker of the Gujarat Legislative Assembly and other matters hereinafter appearing; It is hereby enacted in the Eleventh Year of Republic of India as follows:--

  1. Short title and commencement.
         (1) This Act may be called the Gujarat Legislative Assembly (Speaker and                Deputy Speaker) Salaries and Allowances Act, 1960.
         (2) It shall come into force on the 1st day of May, 1960.
  1. Definitions.
In this Act, unless there is anything repugnant in the subject or context—

     (a) “Assembly” means the Gujarat Legislative Assembly;
     (b) “maintenance” in relation to a residence includes the payment of rates and             taxes due to Government or any local authority and the provision of             electricity, gas and water;
     (c) “residence” includes the staff quarters and other buildings appurtenant             thereto and the gardens thereof;
     (d) “rules”: or “orders” means rules or orders respectively made under this Act;
     (e) “Speaker” and “Deputy Speaker” mean respectively the Speaker and Deputy             Speaker of the Assembly.
  1. Salary of Speaker.

          There shall be paid to the Speaker a salary of Rs. 10000 per month:


           Provided that where the salary of the Members of the Assembly increases by virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960, the salary to be paid to the Speaker shall be increased in proportion to the increase in the salary of the Member of the Assembly.

 
   3A.     Consolidated allowance to Speaker.

          There shall be paid to the Speaker, during the whole of his term of office per month a sum of Rs. 7000 as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.

 
   3B.     Dearness allowance to Speaker.

          There shall be paid to the Speaker during the whole of his term of office per month the dearness allowance on the aggregate amount of the salary, consolidated allowance and the conveyance allowance referred to in sections 3, 3A and sub-section (2) of section 5 respectively, at the rate of dearness allowance applicable to the employees of the State Government.

Explanation:-For the purpose of this section, 'dearness allowance' means the dearness allowance as may be increased by the State Government from time to time after the 1st April, 2005 but does not include dearness allowance already declared prior to the said date.

  1. Residence of Speaker.

     (1)  The Speaker shall be entitled, without payment of rent, to the use of a      furnished residence in Gandhinagar throughout his term of office and for a      period of fifteen days immediately thereafter, or in lieu of such residence a      house allowance at the rate of Rs. 250 per month.
     (2)  No charge shall fall on the Speaker personally in respect of the      maintenance of any residence provided under this section.
     (3)  The expenditure on furnishing the residence provided under this section      shall be on such scale as may be determined by rules or orders.
  1. Conveyance for Speaker.

     (1)  The State Government may, from time to time for the use of the Speaker      purchase and provide a motor car and other suitable conveyance, upon such      conditions as regards their maintenance and repairs as may be determined by      rules or orders.
    (1A)  Where, under sub-section (1), the State government has provided for the      use of the Speaker a motor car or other conveyance, it shall also provide to him,      free of charge, the services of a driver for such car or conveyance.
     (2)  There shall also be paid to the Speaker a conveyance allowance at the rate       of Rs. 4000 per month.
  1. Travelling and daily allowances.

          The Speaker shall be entitled to traveling and daily allowances while touring on public business at such rates and upon such conditions as may be determined by rules or orders.

 
      6A.      Travelling allowances on assumption of office by Speaker and on                  ceasing to be Speaker.

          Subject to any rules or orders made in this behalf by the State Government,-


       (a) the Speaker shall be entitled to traveling allowance for himself and the        members of his family and for the transport of his and his family’s effects in        respect of the journey to Gandhinagar from his usual place of residence        outside Gandhinagar for assuming office;

       (b) The Speaker and members of his family shall be entitled to traveling        allowance for himself or themselves and for the transport of effects of the        Speaker or, as the case may be, his family in respect of the journey from        Gandhinagar to his usual place of residence outside Gandhinagar on the        Speaker ceasing to hold his office.

                    Explanation—For the purposes of this section the expression “a        member of the family” shall have the same meaning as assigned to it in        section 7 and the word “family” shall be construed accordingly.

 
      6AA.      Free transist by railway.
 

              The Speaker and the Deputy Speaker shall be provided with facilities     which      shall entitle him at any time to travel by first class or by second class     air      conditioned by railway in any part of India 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 outside the State of           Gujarat may be availed of by the Speaker or, as the case may be, the Deputy           Speaker singly or jointly with his spouse and two other members of his           family residing with and dependent on him, so however, that the total           distance so travelled by the Speaker or, as the case may be, the Deputy           Speaker singly in any year does not exceed 10,000 kilometres and the total           distance so travelled jointly by the Speaker or, as the case may be, the           Deputy Speaker and his spouse and two other members of his family           residing with and dependent on him in any year does not exceed 20,000           kilometres.

          Explanation.- For the purpose of calculating the number of kilometres           travelled by the Speaker or, as the case may be, the Deputy Speaker jointly           with his spouse and two other members of his family residing with and           dependent on him, outside the State of Gujarat, the number of kilometres           travelled by him and by his spouse and two other members of his family           residing with and dependent on him shall be counted separately.

 
      6AB.      Free transist by air.
 

              The Speaker and the Deputy Speaker may undertake or perform journey           along with co-traveller by air from the nearest airport from his residence to           and fro in any part of India on three occasions in each year :

 

              Provided that difference between the fare for journey by air and the fare for           journey by railway by first class or by second class air conditioned, whichever           is higher, shall be borne by the Speaker or, as the case may be, the Deputy           Speaker.

 
      6B.      Telephones facilities to Speaker.

          (1) The Speaker shall during the term of his office be entitled to have           telephone facilities at Government cost at the place of residence at           Gandhinagar.

          (2) No charge shall fall on the Speaker personally in respect of installation of,           initial deposit for, rental charges for maintenance of, and calls made from,           the telephone facilities provided under sub-section (1).

  1. Medical Allowances.

          Subject to rules or orders the Speaker and the members of the family of the Speaker, who are residing with and dependant on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment.

                    Explanation— For the purposes of this section, the expression “a member of the family” means the husband, wife, son, daughter, father, mother, brother or sister.

 
      7A.      Sumptuary allowance to Speaker.

          There shall be placed at the disposal of the Speaker a sum of Rs. 60,000 per year as sumptuary allowance.

  1. Speaker not to practice any profession or engage in any trade.

          The Speaker shall not practice any profession or engage in any trade or undertake for remuneration any employment other than his duties as Speaker.

  1. Speaker and entitled to salary and allowances as member of the State Legislature.

          Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of the members of the Assembly, the Speaker shall not be entitled to receive any salary or allowances under such law, although such Speaker is a member of the Assembly.

  1. Salary of Deputy Speaker.
 

          There shall be paid to the Deputy Speaker a salary of Rs. 10,000 per month.

 

          Provided that where the salary of the Members of the Assembly increases by virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960, the salary to be paid to the Deputy Speaker shall be increased in proportion to the increase in the salary of the Member of the Assembly.

 
    10A.      Consolidated allowance to Deputy Speaker.

          There shall be paid to the Deputy Speaker during the whole of his term of office per month a sum of Rs. 7000 as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.

 
    10B.       Dearness allowance to Deputy Speaker.

          There shall be paid to the Deputy Speaker during the whole of his term of office per month the dearness allowance on the aggregate amount of the salary, consolidated allowance and the conveyance allowance referred to in sections 10, 10A and sub-section (3) of section 12C respectively, at the rate of dearness allowance applicable to the employees of the State Government.

                    Explanation.- For the purpose of this section, 'dearness allowance' means the dearness allowance as may be increased by the State Government from time to time after the 1st April, 2005 but does not include dearness allowance already declared prior to the said date.

  1. [Deleted]

          [Deputy Speaker not debarred from receiving salary and allowances as member of Assembly.] Deleted by Guj. 2 of 1991.

  1. Travelling and Daily Allowances to Deputy Speaker.

           The Deputy Speaker shall be entitled to traveling and daily allowances while touring on public business at such rates and upon such conditions as may be determined by rules or orders.

 
      12A.      Telephone facilities to Deputy Speaker.

          (1)  The Deputy Speaker shall, during the term of his office be entitled to have          telephone facilities at Government cost at the place of residence at           Gandhinagar.

          (2) No charge shall fall on the Deputy Speaker personally in respect of           installation of, initial deposit for, rental charges for maintenance of, and           official calls made from, the telephone facilities provided under
          sub-section(1).

 
      12B.      Residence of Deputy Speaker.

          (1) The Deputy Speaker shall be entitled, without payment of rent, to the use           of a furnished residence in Gadhinagar throughout his term of office and for a           period of fifteen days immediately thereafter or in lieu of such residence a           house allowance at the rate of Rs. 250/- per month.

          (2) No charge shall fall on the Deputy Speaker personally in respect of the           maintenance of any residence provided under this section.

          (3) The expenditure on furnishing the residence provided under this section           shall be on such scale as may be determined by rules or orders.

 
      12C.      Conveyance for Deputy Speaker.

          (1) The State Government may, from time to time, for the use of the Deputy           Speaker purchase and provide a motorcar and other suitable conveyance,           upon such conditions as regards their maintenance and repairs as may be           determined by rules or orders.

          (2) Where, under sub-section (1), the State Government has provided for the           use of the Deputy Speaker a motor car or other conveyance it shall also           provide to him, free of charge, the services of a driver for such car or           conveyance.

          (3) There shall also be paid to the Deputy Speaker a conveyance allowance           at the rate of Rs. 4000 per month.

 
      12D.      Travelling allowance on assumption of office by Deputy Speaker and on            ceasing to be Deputy Speaker.

          Subject to any rules or orders made in this behalf by the State Government,--

          (a) the Deputy Speaker shall be entitled to traveling allowance for himself           and the members of his family and for the transport of his and his family’s           effects in respect of the journey to Gandhinagar from his usual place of           residence outside Gandhinagar for assuming office;

          (b) the Deputy Speaker and members of his family shall be entitled to           traveling allowance for himself or themselves and for the transport of effects           of the Deputy Speaker or, as the case may be, his family in respect of the           journey from Gandhinagar to his usual place of residence outside           Gandhinagar on the Deputy Speaker ceasing to hold his office.

                    Explanation—For the purposes of this section, the expression “a member of the family” shall have the same meaning as assigned to it in section 7 and the word “family” shall be construed accordingly.

 
      12E.      Medical attendance.

          Subject to rules or orders, the Deputy Speaker and the members of the family of the Deputy Speaker, who are residing with and dependent on him, shall be entitled, free of charge, to accommodation in hospitals maintained by the State Government and to medical attendance and treatment.

 
                    Explanation—For the purposes of this section, the expression “a member`` of the family” shall have the same meaning as assigned to it in section 7 and the word “family” shall be construed accordingly.
 
      12F.      Deputy Speaker and to practice any profession or engage in any trade

          The Deputy Speaker shall not practice any profession or engage in any trade or undertake for remuneration any employment other than his duties as Deputy Speaker.

 
      12G.      Deputy Speaker and entitled to salary and allowances as member of the State Legislature.

          Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of the members of the Assembly, the Deputy Speaker shall not be entitled to receive any salary or allowances under such law, although such Deputy Speaker is a member of the Assembly.

  1. Power of State Government to make rules and orders.

          (1) The State Government may make rules or orders for carrying out the           purposes of this Act.

          (2) Any rule or order made under this section may be made so as to be           retrospective to any date not earlier than the 1st day of May, 1960.

          (3) Rules or orders made under this section shall have effect as if enacted in           this Act.

          (4) All rules and orders made under this section shall be laid for not less            than thirty days before the State Legislature as soon as possible after they           are made and shall be subject to rescission by the State Legislature or such           modifications as the State Legislature may make during the session in           which they are so laid, or the session immediately following.

          (5) Any rescission or modification so made by the State Legislature shall be           published in the Official Gazette and shall thereupon take effect.

  1. Repeal of Guj. Ord.No.IV of 1960.

          The Gujarat Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Ordinance, 1960 is hereby repealed and the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904 shall apply to such repeal as if that Ordinance were an enactment.

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THE GUJARAT LEGISLATIVE ASSEMBLY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1961.
 
(Guj. Act No. IX of 1962)
 
 
C O N T E N T S

 PREAMBLE.
 SECTIONS.
 
 
  1. Short title and extent.
  2. Definition.
  3. Publication of reports of Assembly Proceedings privileged.









THE GUJARAT LEGISLATIVE ASSEMBLY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1961.
 
 

          An Act to protect the publication of reports of proceedings of the Gujarat Legislative Assembly.

          It is hereby enacted in the Twelfth Year of the Republic of India as follows:-

  1. Short title and extent.
          (1) This Act may be called the Gujarat Legislative Assembly Proceedings
                (Protection of Publication) Act, 1961.
          (2) It extends to the whole of the State of Gujarat.
  1. Definition.

                      In this Act “newspaper” means any printed periodical work containing
            public news or comments on public news, and includes a news-agency
            supplying material for publication in a newspaper.

  1. Publication of reports of Assembly proceedings privileged.

          (1) Save as otherwise provided in sub-section (2) no person shall be liable at                any proceedings, civil or criminal, in any Court in respect of the publication                in a newspaper of a substantially true report of any proceeding of the                         Gujarat Legislative Assembly, unless the publication is proved to have               made with malice.
         (2) Nothing in sub-section (1) shall be construed as protecting the publication               of any matter the publication of which is not for the public good.
 
 
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THE GUJARAT LEGISLATIVE ASSEMBLY (LEADER OF THE OPPOSITION) SALARY AND ALLOWANCES ACT, 1979.
 
(Guj. Act No. 16 of 1979)
 
 
C O N T E N T S

 PREAMBLE.
 SECTIONS.
 
 
    1.  Short title and commencement.
    2.      Definitions.
    3.      Salary of Leader of Opposition.
    3A.       Consolidated allowance to Leader of Opposition.
    3B.       Dearness allowance to Leader of Opposition
    4.      Residence for Leader of Opposition.
    5.      Conveyances for Leader of Opposition.
    6.      Daily allowance and residential accommodation at places other than head
         quarters.
    7.      Medical treatment etc., to Leader of Opposition.
    8.      Other amenities to Leader of Opposition.
    8A.     Free transist by railway.
    8B.     Free transist by air.
    9.      Leader of Opposition not to draw salary as member etc.
    10.      Leader of Opposition not disqualified.
    11.      Notification respecting the date on which person became or ceased to be
           Leader of Opposition to be conclusive evidence thereof.
    12.      Power to make rules.
    13.      Amendment of Guj. II of 1960.









    GUJARAT ACT NO. 16 of 1979.

    THE GUJARAT LEGISLATIVE ASSEMBLY (LEADER OF THE OPPOSITION) SALARY AND ALLOWANCES ACT, 1979.
    [6th April, 1979.]
     
     
     
     
    Amended by Guj. 19 of 1981.
          "         "      "   29 of 1986.
          "         "      "    6 of 1992.
          "         "      "   20 of 1998.
          "         "      "   23 of 2005.
     

              An Act to provide for the salary and allowances of Leader of the Opposition in the Gujarat Legislative Assembly.

              It is hereby enacted in the Thirtieth Year of the Republic of India as follows :-

    1. Short title and commencement.
     
             (1) This Act may be called the Gujarat Legislative Assembly (Leader of the                 Opposition) Salary and Allowances Act, 1979.
             (2) This section shall come into force at once and the remaining provisions
                   shall come into force on such date as the State Government may, by
                   notification in the Official Gazette, appoint.
    1. Definitions.

                          In this Act, unless the context otherwise requires, --

                (a) “Assembly” means the Gujarat Legislative Assembly
                (b) “Leader of the Opposition” means that member of the Assembly who is
                      for the time being the leader in the Assembly of the party in opposition to
                      the State Government having the greatest numerical strength in the
                      Assembly;
                (c) “rules” means rules made under this Act.
    1. Salary of Leader of Opposition.

                        There shall be paid to the Leader of the Opposition a salary of
                 Rs. 10,000/- per month:

                     Provided that where the salary of the Members of the Assembly increases
                 by virtue of the provisions of sub-section (1) of section 3 of the Gujarat
                 Legislative Assembly Members' Salaries and Allowances Act, 1960, the
                 salary to be paid to the Leader of Opposition shall be increased in
                 proportion to the increase in the salary of the Member of the Assembly.

         3A. Consolidated Allowance to Leader of Opposition.

     

                        There shall be paid to the Leader of the Oppoaition during the whole of
                 his term of office per month a sum of Rs. 7000 as a consolidated
                 allowances for all matters not specifically provided for by or under the
                 provisions of this Act.

         3B. Dearness allowance to Leader of Opposition.

     

                        There shall be paid to the Leader of the Opposition during the whole of
                 his term of office per month the dearness allowance on the aggregate
                 amount of the salary, consolidated allowance and the conveyance
                 allowance referred to in sections 3, 3A and sub-section (2) of section 5
                 respectively, at the rate of dearness allowance applicable to the employees
                 of the State Government.


                Explanation. - For the purpose of this section,'dearness allowance' means
                 the dearness allowance as may be increased by the State Government
                from time to time after the 1st April, 2005 but does not include dearness
                allowance already declared prior to the said date.

    1. Residence for Leader of Opposition.

            (1) The Leader of the Opposition shall be entitled without payment of rent, to
                  the use of furnished residence in Gandhinagar so long as he is such
                  leader and for a period of fifteen days immediately after he ceases to be
                  such a leader, or in lieu of such residence a house allowance at the rate of               Rs. 250/- per month.
            (2) No charge shall fall on the Leader of the Opposition personally in respect               of the maintenance of any residence provided to him under sub-section(1).
            (3) The expenditure on furnishing the residence provided under sub-section               (1) shall be on such scale as may be determined by rules.

    1. Conveyances for Leader of Opposition.
     
               (1) The State Government may, from time to time, for the use of the Leader of                  the Opposition, purchase and provide a motor car and other suitable                  conveyances upon such conditions as regards their maintenance and                  repairs as may be determined by rules made in this behalf.
            (1A) Where, under sub-section (1), the State Government has provided for the                  use of the Leader of the Opposition a motor car or other conveyance, it                  shall also provide to him, free of charge, the services of a driver for such                  car or conveyance.
               (2)There shall be paid to the Leader of the Opposition a conveyance                  allowance at the rate of Rs. 4000/- per month.
    1. Daily allowance and residential accommodation at places other than head quarters.

                        The Leader of the Opposition shall be entitled to travelling and daily
                 allowance while touring on public business and suitable residential
                 accommodation at places visited by him on such business, at such rates
                 and upon such conditions as may be determined by rules.

    1. Medical treatment etc. to Leader of Opposition.

                        Subject to rules, the Leader of the Opposition and the members of his
                 family who are residing with and dependent on him shall be entitled, free of
                 charge, to accommodation in hospitals maintained by the State              Government and to medical attendance and treatment.


                 Exp