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Section 4   [ View Judgements ]

Travelling Allowance


(1) There shall be paid to each member in respect of every journey performed by him [1] [2] in India for the purpose of attending a session of a House of Parliament or a meeting of a Committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence-



(a) if the journey is performed by rail, an amount equal to one [3] First class fare plus one second class fare for each such journey, irrespective of the class in which the member actually travels;



(b) if the journey is performed by air, an amount equal to one and one fourth of the air fare for each such journey;



(c) if the journey or any part thereof cannot be performed by rail or air-



[4] (i) where the journey or any part thereof is performed by steamer, an amount equal to one and three-fifths of the fare (without diet) for the highest class in the steamer for each such journey or part thereof, or, if there is not regular steamer service, such amount for each such journey or part thereof as may be prescribed by rules made under section 9;



(ii) where the journey or any part thereof is performed by road, a road mileage at the rate of [5] eight rupees per kilometer for each such journey or part thereof;



[6] Provided that where the spouse of member, if any, performs such journey or part thereof by road twice in a budget session of Parliament and once during every other session of Parliament unaccompanied by such Member in respect of which such spouse has been allowed to travel by rail or air or partly by air and partly by rail from the usual place of residence of the Member to Delhi and back under sub-section (2) of section 6(B), the road mileage prescribed under this sub-clause shall be allowed to such Member for such journey or part thereof.



[7] Provided further that where a member performs journey by road in Delhi from and to an aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each such journey.



Explanation.-For the purposes of sub-clause (ii) of clause (c) of this sub-section the expression 'journey' shall include the journey from and to railway station, port or aerodrome to and from the usual place of residence of the member or as the case may be, the residence of the member at the place where the session of the House of Parliament or a meeting of the Committee is to be held or where any other business is to be transacted.



(2) Notwithstanding anything contained in sub-section (1), a member who performs a journey by road between places connected by rail or steamer, either wholly or in part, may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travelling allowance which would have been admissible to him if he had travelled by rail or steamer, as the case may be:



[8] Provided that the total amount of travelling allowance drawn by such Member for the entire journey shall not exceed the amount which would have been admissible to him had he performed such journey by rail or by steamer, as the case may be:



Provided further that the first proviso shall be applicable to such journey only where the places of the journey are connected by express, mail or superfast train.



[9] "Provided also that in case a member resides within a distance of three hundred kilometers from Delhi, he or his spouse, for the journey performed by him by road, may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travelling allowance which would have been admissible to him had he performed such journey by rail or by road, as the case may be:



Provided also that in case a member resides in the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim or Tripura, he or his spouse may draw the mileage allowance referred to in sub-clause (ii) of clause (c) of sub-section (1) for journey perfomed by him by road from his residence in any of the said States to the nearest airport.";



[10] (3) There shall be paid to a member in respect of a journey performed by him in the course of a tour outside India undertaken in the discharge of his duties as such member, such travelling and daily allowances as may be prescribed by rules made under section 9.



[11] "(4) There shall be paid to a person-



(a) who has been elected in a biennial election as a member of the Council of States but the notification in the Official Gazette notifying his name under section 71 of the Representation of the People Act, 1951 has not been published in the Official Gazette; or



(b) who has been elected as a member of the House of the People in a general election held for the purpose of constituting a new House of the People but the notification in the Official Gazette notifying his name under section 73 of the Representation of the People Act, 1951 has not been published in the Official Gazette; or



(c) who has been elected in a bye-election as a member of either House of Parliament or nominated as a member to either House of Parliament, an amount equivalent to the fare in respect of every journey performed by him for coming to Delhi before the publication of notification referred to in clause (a) or clause (b), or election or nomination under clause (c);



Provided that in case the journey is performed by rail or steamer or road, he shall be entitled to the reimbursement of the fare or road mileage to which a member is entitled:



Provided further that in case he performs the journey by air, such journey shall be included for the purpose of counting thirty-two journeys referred to in the first proviso to sub-section (2) of section 5."

FOOTNOTES:

1. Inserted by Act 26 of 1964 - effective from 1.6.1964.

2. Inserted by Act 26 of 1964 - effective from 1.6.1964.

3. Substituted by Act 9 of 1955 - effective from 7.4.1955.

4. Substituted by Act 55 of 1958 - effective from 30.12.1958.

5. Substituted by Act 46 of 2001 - effective from 14.9.2001.

6. Substituted by Act 17 of 2000 - effective from 7.6.2000.

7. Inserted by Act 48 of 1993 - effective from 9.6.1993.

8. Inserted by Act 17 of 2000 - effective from 7.6.2000.

9. Inserted by Act 9 of 2004 - effective from 9.1.2004

10. Inserted by Act 55 of 1958 - effective from 30.12.1958.

11. Inserted by Act 9 of 2004-effective from 9.1.2004



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