The Salary, Allowances and Pension of Members of Parliament Act, 1954

(1) This Act may be called the 1[Salary, Allowances andPension] of Members of Parliament Act, 1954. (2) It shall come into force on the first day of June, 1954.

In this Act,-- (a) "committee" means a Committee of either House of Parliament, and includes a JointCommittee of both Houses; 1[(aa) "dependent" means any of the following relatives of a deceased member, namely:-- (i) a minor legitimate son, and an unmarried legitimate daughter and a widowed mother;or (ii) if wholly dependent on the earnings of the member at the time of his death, a son or adaughter who has attained the age of eighteen years and who is infirm; or (iii) if wholly or in part dependent on the earnings of the member at the time of hisdeath,-- (a) the parent; or (b) a minor brother or an unmarried sister; or (c) a widowed daughter-in-law; or (d) a minor child of a pre-deceased son; or (e) a minor child of a pre-deceased daughter where no parent of the child is alive; or (f) the paternal grandparent if no parent of the member is alive; or (g) such other person as may be specified by the rules made under section 9 by theJoint Committee;] (b) "member" means a member of either House of Parliament, 2[but, save as otherwiseexpressly provided in this Act, does not include]-- (i) a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of1952); 3*** 4[(ii) a Leader of the Opposition as defined in the Salary and Allowances of Leaders ofOpposition in Parliament Act, 1977 (33 of 1977); and] 5[(iii)] an officer of Parliament as defined in the Salaries and Allowances of Officers ofParliament Act, 1953 (20 of 1953); (c) "new member" means a member who takes his seat in either House of Parliament after thecommencement of this Act and includes a member who is re-elected or re-nominated; (d) "period of residence on duty" means the period during which a member resides at a placewhere a session of a House of Parliament or a sitting of a committee is held or where any otherbusiness connected with his duties as such member is transacted, for the purpose of attending suchsession or sitting or for the purpose of attending to such other business, and includes-- (i) in the case of session of a House of Parliament, a period of such residence, notexceeding three days, immediately preceding the commencement of the session and a periodof such residence, not exceeding three days, immediately succeeding the 6[date on which theHouse of Parliament is adjourned sine die or for a period exceeding seven days], and (ii) in the case of a sitting of a committee or any other business a period of such residence,not exceeding two days, immediately preceding the commencement of the business of thecommittee or other business and a period of such residence, not exceeding two days,immediately succeeding the conclusion of the business of the committee or other business; Explanation.--A member who ordinarily resides at a place where a session of a House ofParliament or a sitting of a committee is held or where any other business connected with hisduties as such member is transacted shall, for the duration of the session or sitting or the timeoccupied for the transaction of other business (including the three or two days immediatelypreceding or succeeding), be deemed to reside at such place for the purpose of attending suchsession or sitting or, as the case may be, for the purpose of attending to such other business; (e) "term of office" means,-- (a) in relation to a person who is a member at the commencement of this Act, the periodbeginning with such commencement and ending with the date on which his seat becomesvacant; 7[(b) in relation to a new member,-- (i) where such new member is a member of the Council of States elected in a biennialelection, or nominated, to that House, the period beginning with the date of publication ofthe notification in the Official Gazette notifying his name under section 71 of theRepresentation of the People Act, 1951 (43 of 1951); or (ii) where such new member is a member of the House of the People elected in ageneral election held for the purpose of constituting a new House of the People, theperiod beginning with the date of publication of the notification of the ElectionCommission under section 73 of the said Act; or (iii) where such new member is a member of either House of Parliament elected in abye-election to that House or a member nominated to the House of the People, the periodbeginning with the date of his election referred to in section 67A of the said Act or, as thecase may be, the date of his nomination, and ending with, in each such case, the date on which his seat becomes vacant.]

1[(1)] A member shall be entitled to receive 2[a salary at thethe rate of 3[one lakh rupees] per mensem] during the whole of his term of office 4[and subject to anyany rules made under this Act] 5[an allowance at the rate of two thousand rupees for each day] duringany period of residence on duty: 6[(1A) Notwithstanding anything contained in sub-section (1), the salary payable to Members ofParliament under sub-section (1) shall be reduced by thirty per cent. For a period of one yearcommencing from the 1st April, 2020, to meet the exigencies arising out of Corona Virus (COVID19) pandemic.] 7[Provided that no member shall be entitled to the aforesaid allowance unless he signs the register,maintained for this purpose by the Secretariat of the House of the People or, as the case may be,Council of States, on all the days (except intervening holidays for which no such signing is required)of the session of the House for which the allowance is claimed.] 8[Provided further that the rates of salary specified in this section shall be applicable from the 18th18th day of May, 2009.] 9[(2) The salary and daily allowance of members shall be increased after every five yearscommencing from 1st April, 2023 on the basis of Cost Inflation Index provided under clause (v) ofExplanation to section 48 of the Income-tax Act, 1961 (43 of 1961).]

(1) There shall be paid to each member in respect of every journeyperformed by him 1[in India] for the purpose of attending a session of a House of Parliament or ameeting of a committee or for the purpose of attending to any other business connected with his dutiesas a member, from his usual place of residence to the place where the session or the meeting is to beheld or the other business is to be transacted and for the return journey from such place to his usualplace of residence-- 2* * * * * (b) if the journey is performed by air, an amount equal to one 3[***] air fare for each suchjourney; (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 toone 5*** fare (without diet) for the highest class in the steamer for each such journey or partthereof, or, if there is no regular steamer service, such amount for each such journey or partthereof as may be prescribed by rules made under section 9;] (ii) where the journey or any part thereof is performed by road, 6[a road mileage at therate of sixteen rupees per kilometre] for each such journey or part thereof: 7[Provided that when Parliament is in session and the spouse of a Member, if any, performs suchjourney or part thereof by road, unaccompanied by such Member, in respect of which such spouse hasbeen allowed to travel by air or partly by air and partly by rail from the usual place of residence of theMember to Delhi or back under sub-section (2) of section 6B, the road mileage prescribed under thissub-clause shall be allowed to such Member for such journey or part thereof, subject to the conditionthat the total number of such journeys shall not exceed eight in a year]: 8[Provided further that where a member performs journey by road in Delhi from and to anaerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each suchjourney.] 9* * * * * 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 the railway station, port or aerodrome to and from theusual 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 orwhere any other business is to be transacted. (2) Notwithstanding anything contained in sub-section (1), a member who performs a journey byroad between places connected by rail or steamer, either wholly or in part, may draw the mileageallowance referred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travellingallowance which would have been admissible to him if he had travelled by rail or steamer, as the casemay be. 10[Provided that the total amount of travelling allowance drawn by such member for the entirejourney shall not exceed the amount which would have been admissible to him had he performed suchjourney 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 ofthe journey are connected by express, mail or superfast train:] 11[Provided also that the first proviso shall not be applicable to a member who, in the opinion ofthe Chairman of the Council of States or, as the case may be, the Speaker of the House of the People,is so incapacitated physically and cannot travel by air or train:] 12[Provided also that in case a member resides within a distance of three hundred kilometers fromDelhi, he or his spouse, for the journey performed by him by road, may draw the mileage allowancereferred to in sub-clause (ii) of clause (c) of sub-section (1) in place of the travelling allowance whichwould have been admissible to him had he performed such journey by rail or by road, as the case maybe: 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 allowancereferred to in sub-clause (ii) of clause (c) of sub-section (1) for journey performed by him by roadfrom his residence in any of the said States to the nearest airport.] 13[(3) There shall be paid to a member in respect of a journey performed by him in the course of atour outside India undertaken in the discharge of his duties as such member, such travelling and dailyallowances as may be prescribed by rules made under section 9.] 14[(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 thenotification in the Official Gazette notifying his name under section 71 of the Representation ofthe People Act, 1951 (43 of 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 heldfor the purpose of constituting a new House of the People but the notification in the OfficialGazette notifying his name under section 73 of the Representation of the People Act, 1951(43 of1951) 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 ornominated 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 Delhibefore the publication of notification referred to in clause (a) or clause (b), or election or nominationunder clause (c): Provided that in case the journey is performed by rail or steamer or road, he shall be entitled to thereimbursement 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 thepurpose of counting thirty-two journeys referred to in the first proviso to sub-section (2) of section 5.]

1[(1)] Where a member absents himselffor less than fifteen days during a session of a House of Parliament or a sitting of a committee forvisiting any place in India, he shall be entitled to receive travelling allowances in respect of suchjourney to such place and for the return journey-- (a) if the journey is performed by rail, equal to 2[one first class fare] for each such journeyirrespective of the class in which the member actually travels; (b)3[if the journey, being a journey during the 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 allowanceswhich would have been admissible to such member under section 3 for the days of absence if he hadnot so remained absent:] 4[Provided further that nothing in the first proviso shall apply, if the member performs the journeyby 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 toreceive travelling allowances in respect of every journey performed by air for visiting any place inIndia during the interval not exceeding 6[five days] between two sittings of a Department relatedStanding Committee when a House of Parliament is adjourned for a fixed period during the BudgetSession: Provided that such travelling allowances, excluding the air fare, shall not exceed the total amountof daily allowances which would have been admissible to such member under section 3 for the daysof absence if he had not remained absent.] 7[(2) Every member shall be entitled to an amount equal to the fare by air for each single journeyby air (other than a journey referred to in section 4 or the second proviso to sub-section (1) of thissection or section 6C) performed by him 8[either alone or along with spouse or any number ofcompanions or relatives,] from any place in India to any other place in India during his term of officeas such member:] 9[Provided that the total number of such journeys under this sub-section shall be thirty-fourjourneys per year: 10[Provided further that where the number of journeys performed by any member by air is 11[lessthan thirty-four], then, such number of journeys not performed by him shall be carried over to thefollowing year:] 12[Provided also that the spouse or companion of a member, as the case may be, may aloneperform maximum eight journeys by air from any place of India to the place in India for the purposeof visiting such member and such journey shall be included for the purpose of counting 13[thirty-fourjourneys] referred to in the first proviso to sub-section (2):] 14[Provided also that in case any member avails a total number of journeys by air more than thirtythirty-four, such journeys permissible to him, in the year, he may be allowed to adjust not exceedingeight such journeys from the entitled number of journeys which may accrue in his credit in the nextfollowing year.] 15[(3) Notwithstanding anything contained in sub-section (2), there shall be paid to a member who,who, in the opinion of the Chairman of the Council of States or, as the case may be, the Speaker ofthe House of the People, is so incapacitated physically and therefore cannot perform air or traveljourney, road mileage for the entire journey.] Explanation 1.--The provisions of clause (c) of sub-section (1) and sub-section (2) of section 4shall, so far as may be, apply to travelling allowances payable under this section as they apply totravelling 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, Allowancesand Pension of Members of Parliament (Amendment) Act, 1985 (74 of 1985), the year beginningwith such commencement and each of the subsequent years; (ii) in the case of a person who becomes a member after such commencement, the yearbeginning with the date on which his term of office as such member commences and each of thesubsequent years.]] 16[Explanation III.--For the purposes of sub-section (2), any journey performed by the 17["spouse,companions or relatives shall be added in computing the limit of 18[thirty-four journeys] specified inthe proviso to that sub-section.]