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The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

Year of Passage: 1977 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Salary and Allowances ofLeaders of Opposition in Parliament Act, 1977. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definition.

In this Act, "Leader of the Opposition", in relation to either House of Parliament,means that member of the Council of States or the House of the People, as the case may be, who is, forthe time being, the Leader in that House of the party in opposition to the Government having the greatestnumerical strength and recognised as such by the Chairman of the Council of States or the Speaker of theHouse of the People, as the case may be. Explanation.--Where there are two or more parties in opposition to the Government, in the Councilof States or in the House of the People having the same numerical strength, the Chairman of the Councilof States or the Speaker of the House of the People, as the case may be, shall, having regard to the statusof the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for thepurposes of this section and such recognition shall be final and conclusive.

Section 3 Salary, and daily, constituency and sumptuary allowances.

1[3. Salary, and daily, constituency and sumptuary allowances.--(1) Each Leader of theOpposition shall, so long as he continues as such Leader, be entitled to receive a salary per mensem andallowance for each day at the same rates as are specified in section 3 of the Salary, Allowances andPension of Members of Parliament Act, 1954 (30 of 1954) with respect to members of Parliament. (2) Each Leader of the Opposition shall also be entitled to receive a constituency allowance at thesame rate as is for the time being specified under section 8 of the said Act with respect to members ofParliament. (3) There shall be paid to each Leader of the Opposition a sumptuary allowance of one thousandrupees per mensem:] 2[Provided that on and from the 17th day of September, 2001, the sumptuary allowance shall be paidto each Leader of the Opposition at the same rate at which the sumptuary allowance is payable, undersection 5 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), to every other Minister whois a member of the Cabinet.]

Section 4 Residence for Leaders of Opposition.

(1) Each Leader of the Opposition shall, so long as hecontinues as such Leader and for a period of one month immediately thereafter, be entitled withoutpayment of rent to the use of a furnished residence and no charge shall fall on the Leader of theOpposition personally in respect of the maintenance of such residence. (2) In the event of the death of a Leader of the Opposition, his family shall be entitled to the use ofthe furnished residence occupied by him-- (a) for a period of one month immediately after his death, without payment of rent and no chargeshall fall on his family in respect of the maintenance of such residence; and (b) for a further period of one month, on payment of rent at such rates as may be prescribed byrules made in this behalf by the Central Government and also charges in respect of electricity andwater consumed in that residence during such further period. Explanation.--For the purposes of this section, "residence" includes the staff quarters and otherbuildings appurtenant thereto, and the garden thereof, and "maintenance" in relation to a residenceincludes the payment of local rates and taxes and the provision of electricity and water.

Section 5 Travelling and daily allowances to Leaders of Opposition.

1[(1)] Subject to any rules made inthis behalf by the Central Government, a Leader of the Opposition shall be entitled to-- (a) travelling allowances for himself and the members of his family and for transport of his andhis family's effects (i) in respect of the journey to Delhi from his usual place of residence outside Delhi forassuming office; and (ii) in respect of the journey from Delhi to his usual place of residence outside Delhi onrelinquishing office; and (b) travelling and daily allowances in respect of tours undertaken by him in the discharge of hisduties as Leader of the Opposition, whether by sea, land or air. 2[(2) On and from the commencement of the Salaries and Allowances of Officers of Parliament andLeaders of Opposition in Parliament (Second Amendment) Act, 2002, a Leader of the Opposition and hisfamily, whether travelling together or separately, shall be entitled to travelling allowance at the same ratesand for the same number of return journeys as admissible to a Minister and his family under sub-section(1A) of section 6 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952).]
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