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Section 5   [ View Judgements ]

Travelling allowances for intermediate journeys


[1] (1) Where a member absents himself for less than fifteen days during a session of a House of Parliament or a sitting of a Committee for visiting any place in India he shall be entitled to receive travelling allowances in respect of such journey to such place and for the return journey-



(a) if the journey is performed by rail equal to one [2] First class fare for each such journey irrespective of the class in which the member actually travels;



(b) [3] if the journey, being a journey during a sitting of the Committee is performed by air, equal to one fare by air for each such journey:



Provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not remained absent:



[4] Provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in India not more than once during a sitting of the Committee.



[5] (1A) Notwithstanding anything contained in sub-section (1), a member shall be entitled to receive travelling allowances in respect of every journey performed by air for visiting any place in India during the interval not exceeding seven days between two sittings of a Departmentally related Standing Committee when a House of Parliament is adjourned for a fixed period during the Budget Session:



Provided that such travelling allowances, excluding the air fare, shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not remained absent.



[6] (2) Every member shall be entitled to an amount equal to the fare by air for each single journey by air (other than a journey referred to in section 4 or the second proviso to sub-section (1) of this section or section 6C) performed by him [7] either alone or alongwith 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:



Provided that no member shall be entitled to any payment under this sub-section in respect of any journeys in excess of [8] thirty-two performed by him during any year.



[9] Provided further that where the number of journeys performed by any member by air is less than thirty-two, then, such number of journeys not performed by him shall be carried over to the following year.



[10] "Provided also that the spouse or companion of a member, as the case may be, may alone perform maximum eight journeys by air from any place of India to the place in India for the purpose of visiting such member and such journey shall be included for the purpose of counting thirty-two journeys referred to in the first proviso to sub-section (2).".



Explanation I.-The provisions of clause (c) of sub-section (1) and of sub-section (2) of section 4 shall, so far as may be, apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section.



Explanation II.-For the purposes of this section, "year" means,-



(i) in the case of a person who is a member at the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1985, the year beginning with such commencement and each of the subsequent years;



(ii) in the case of a person who becomes a member after such commencement, the year beginning with the date on which his term of office as such member commences and each of the subsequent year.



[11] Explanation III.-For the purpose of sub-section (2) any journey performed by the [12] [13]



[14] "5A. Where a person referred to in sub-section (4) of section 4 comes to Delhi, he shall be entitled to such transit accommodation for such period as may be specified by the rules made under clause (ccc) of sub-section (3) of section 9 by the Joint Committee.".

FOOTNOTES:

1. Re-numbered by Act 105 of 1976 - effective from 9.9.1976.

2. Substituted by Act 9 of 1955 - effective from 1.4.1955.

3. Substituted by Act 74 of 1985 - effective from 26.12.1985.

4. Substituted by Act 74 of 1985 - effective from 26.12.1985

5. Substituted by Act 18 of 1995 - effective from 31.3.1995.

6. Substituted by Act 74 of 1985 - effective from 26.12.1985.

7. Substituted by Act 16 of 1999 - effective from 22.3.1999.

8. Substituted by Act 28 of 1998 - effective from 20.8.1998.

9. Inserted by Act 28 of 1998 - effective from 20.8.1998.

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

11. Inserted by Act 3 of 1993 - effective from 5.1.1993.

12. Substituted by Act 16 of 1999 - effective from 22.3.1999.

13. Spouse, companions or relatives shall be added in computing the limit of thirty two journeys specified in the proviso to that sub-section.

14. Inserted by Act 9 of 2004 - off from 9.1.2004.



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