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Section 6   [ View Judgements ]

Free transit by Railway


(1) Every member shall be provided with one free non-transferable [2] first class air-conditioned or executive class of any train pass which shall entitle him to travel at any time by any railway in India.



Explanation.- [3] for the purposes of this sub-section and section 6A and 6B, a member shall include a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 [4] A Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 and an Officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953, other than the Chairman of the Council of States.



(2) A free railway pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary-General of the House of the People or the Council of States as the case may be:



Provided that where any such pass is issued to a new member before he takes his seat in either House of Parliament, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.



(3) Until a member is provided with a free railway pass under sub-section (1), he shall be, and shall be deemed always to have been, entitled to an amount equal to one [5] first class air-conditioned or executive class of any train fare for any journey of the nature referred to in sub-section (1) of section 4 performed by him by rail.



(4) A member who on ceasing to be a member surrenders his pass shall, if he performs any return journey by rail of the nature referred to in sub-section (1) of section 4, be entitled and be deemed always to have been entitled in respect of that journey to an amount equal to one [6] first class air-conditioned or executive class of any train fare.



(5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.



[7] 6A. (1) Without prejudice to provisions of section 6, every member representing the Union territory of the Andaman and Nicobar Islands or the Union territory of Lakshadweep shall-



(a) be provided with one free non-transferable pass which shall entitle him to travel at any time by the highest class by steamer to and fro any part of his constituency and any other part of his constituency or the nearest port in the mainland of India; and



(b) be entitled to an amount equal to the fare by air from his usual place of residence to the nearest airport in the mainland of India [8] and back:



Provided that nothing in this sub-section shall be construed as absolving the member from payment of any diet charges payable by him during such travel.



(2) A free steamer pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of his term the pass shall be surrendered to the Secretary-General of the House of the People:



Provided that where any such pass is issued to a new member before he takes his seat in the House of the People, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.



(3) Until a member is provided with a free steamer pass under sub-section (1), he shall be entitled to an amount equal to one fare (without diet) for the highest class for any journey of the nature referred to in sub-section (1) of section 4 performed by him by steamer.



(4) A member who on ceasing to be a member surrenders the steamer pass issued to him under sub-section (1) shall, if he performs any return journey by steamer of the nature referred to in sub-section (1) of section 4, be entitled in respect of that journey to an amount equal to one fare (without diet) for the highest class.



(5) Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.



(6) In addition to [9] the facilities provided to a member a free steamer pass issued to a member under sub-section (1), he shall also be entitled-



(i) to one free pass for one person to accompany the member and travel by the [10] [11] highest class by steamer to and fro any part of the constituency of the member and any other part of his constituency or the nearest port in the mainland of India; [12] or



(ii) to one free non-transferable pass for the spouse, if any, of the member to travel by the highest class by steamer to and fro the usual place of residence of the member in his constituency and the nearest port in the mainland of India, [13] at any time between the Island and the mainland of India; and



[14] (iii) to an amount equal to the fare by air either for the spouse, if any, of the member or for one person to accompany the member from the usual place of residence in the Island to the nearest airport of the mainland of India [15] and back:



Provided that nothing in this sub-section shall be construed as absolving the person accompanying the member or the spouse of the member from payment of any diet charges payable by such person or spouse during such travel.



[16] 6AA.(1) Without prejudice to the provisions of section 6, every member who has his ordinary place of residence in the Ladakh area of the State of Jammu and Kashmir shall be entitled to an amount equal to the fare by air for each single journey by air performed by him from any airport in Ladakh to the airport in Delhi and back at any time.



(2) In addition to the air travel provided to a member under sub-section (1), he shall also be entitled to an amount equal to the fare by air for each single journey by air performed by the spouse, if any, of the member or one person to accompany such member, from any airport in Ladakh area to the airport in Delhi and back at any time.



[17] 6B. [18] (1) Without prejudice to the other provisions of this Act, every member shall be entitled to-



(i) one free air-conditioned two-tier class railway pass for one person to accompany the member when he travels by rail; and



(ii) free travel by any railway in India in first class air-conditioned or executive class in any train with the spouse, if any, of the member from any place in India to any other place in India and if such journey or part thereof is performed by air, from any place other than usual place of residence of the member, to Delhi and back, to an amount equal to the fare by air for such journey or part thereof or the amount equal to the journey performed by air from the usual place of the residence of the member to Delhi and back, whichever is less.



[19] Provided that where a Member has no spouse, such Member may be accompanied by any person in place of the spouse, and notwithstanding anything containing in clause (i), the person so accompanying shall be entitled to every facility available to the spouse.



(2) Notwithstanding anything contained in clause (ii) of sub-section (1), the spouse of a Member shall be entitled to travel by railway in first class air-conditioned or executive class in any train or by air or partly by rail and partly by air from the usual place of residence of the Member to Delhi and back once during every session and twice in budget session of Parliament subject to the condition that total number of each such journey either to Delhi or back shall not exceed eight in a year:



Provided that where any such journey or part thereof is performed by air from any place other than usual place of residence of the member to Delhi and back, then, such spouse shall be entitled to an amount equal to the fare by air for such journey or part thereof, as the case may be, or to the amount equal to the journey performed by air from the usual place of residence of the member to Delhi and back, whichever is less.



[20] 6C. Without prejudice to the other provisions of this Act, where during any part of a year the usual place of residence of a member in his constituency is inaccessible to or from any place outside his constituency by road, rail or steamer due to climatic conditions, but there is air service between any place in his constituency, and the nearest place, having rail service, outside his constituency, such member shall be entitled to travel to and fro by air from the nearest place in his constituency where there is air service to such place having rail service:



Provided that where the nearest place having air service is outside his constituency, such member shall be entitled to travel to and fro by air only from such place to the nearest place having rail service..



[21] 6D. Special Facility to Blind and Physically Incapacitated Members.- A Member who is blind or who is, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker of the House of the People, so incapacitated physically as to require the facility of an attendant shall, with respect to each such journey-



(i) by air as is referred to in clause (b) of sub-section (1) of section 4 or clause (b) of sub-section (1) or sub-section (2) of section 5 or section 6C which he performs along with an attendant be entitled (in addition to the allowances which he is entitled under section 4 or section 5 or, as the case may be, section 6C) to an amount equal to one fare by air for such journey;



(ii) by rail as is referred to in section 4, section 5, section 6 or section 6B be allowed the facility of one free railway pass for an attendant, to attend such Member, in the same class in which such Member travels in lieu of one free air-conditioned two-tier class railway pass under clause (i) of sub-section (1) of section 6B.

FOOTNOTES:

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

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

3. Inserted by Act 25 of 1969 - effective from 21.8.1969 and Act 29 of 1972 - effective from 9.6.1972.

4. Substituted by Act 33 of 1977 - effective from 18.8.1977.

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

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

7. Substituted by Act 60 of 1988 - effective from 1.4.1988.

8. Substituted by Act 30 of 1989 - effective from 28.8.1989.

9. Substituted by Act 60 of 1988 - effective from 1.4.1988.

10. Substituted by Act 60 of 1988 - effective from 1.4.1988.

11. Substituted by Act 60 of 1988 - effective from 1.4.1988.

12. Substituted by Act 60 of 1988 - effective from 1.4.1988.

13. Substituted by Act 60 of 1988 - effective from 1.4.1988.

14. Substituted by Act 60 of 1988 - effective from 1.4.1988.

15. Substituted by Act 30 of 1989 - effective from 28.8.1989.

16. Substituted by Act 60 of 1988 - effective from 1.4.1988.

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

18. Renumbered by Act 17 of 2000 - effective from 7.6.2000.

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

20. Inserted by Act 105 of 1976 - effective from 9.9.1976.

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



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