Himachal Pradesh · 1971 · Act 4

The Himachal Pradesh Legislative Assembly Speaker's and Deputy Speaker's Salaries Act, 1971

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THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 ARRANGEMENT OF SECTIONS Sections: 1. Short title and commencement. 2. Definitions. 3. Salary etc. of the Speaker. 4. Salary etc. of the Deputy Speaker. 5. Salary of Deputy Speaker from 18-2-70 to 24-1-71. 6. Conveyance Allowance. 7. Advance of loan to the Speaker and the Deputy Speaker. 7-A. House Building advance. 8. Free installation of the telephone. 9. Speaker not to practise any profession. 10. Travelling Allowance. 10-A. Free transit by railway or by air 11. Speaker and Deputy Speaker not to draw any salary as members of the Assembly. 11-A. Salary, allowances and perquisites to be exclusive of income tax. 12. Notification respecting appointment of Speaker etc., to be conclusive evidence thereof. 13. Power to make rules. 14. Repeal and savings. _____________ THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 (ACT NO. 4 OF 1971)1 (Received the assent of the Governor on the 22nd April, 1971, and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 18th May, 1971, pp. 328-331). 1. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated 19th April, 1971, p. 234. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 2 An Act to provide for the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly of the Himachal Pradesh. Amended, repealed or otherwise, affected by ,- (i) H.P. Act No. 2 of 19751, assented to by the Governor on the 19th March, 1975, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 19th March, 1975, pp. 315-317. (ii) H.P. Act No. 5 of 19762, assented to by the Governor on the 27th March, 1976, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 30th March, 1976, pp. 889-890. (iii) H.P. Act No. 9 of 19773, assented to by the Governor on the 29th June, 1977, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 1st July, 1977, pp. 739-741. (iv) H.P. Act No. 9 of 19794, assented to by the Governor on the 9th May, 1979, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 16th May, 1979, pp. 1746-1751. (v) H.P. Act No. 25 of 19795, assented to by the Governor on the 16th November, 1979, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd November, 1979, pp. 2518-2519, effective from 8th May, 1979. (vi) H.P. Act No. 8 of 19816, assented to by the Governor on the 2nd May, 1981, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 6th May, 1981, pp. 340-341. (vii) H.P. Act No. 16 of 19837, assented to by the Governor on the 99th September, 1983, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd September, 1983, pp. 1044-1049, effective from 1st September, 1983. 1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 19th February, 1975, p. 174. 2. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 6th March, 1976, p. 798. 3. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 12th April, 1977, p. 310. 4. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 21st April, 1979, p. 1546. 5. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 3rd November, 1979, p. 2484. 6. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 26th March, 1981, p. 156. 7. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24th August, 1983, p. 830. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 3 (viii) H.P. Act No. 23 of 19841, assented to by the Governor on the 19th October, 1984, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd October, 1984, pp. 1802-1804. (ix) H.P. Act No. 3 of 19862, assented to by the Governor on the 16th January, 1986, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24th January, 1986, pp. 72- 74. (x) H.P. Act No. 18 of 19863, assented to by the Governor on the 30th August, 1986, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 1st September, 1986, pp. 1431-1435. (xi) H.P. Act No. 8 of 19884, assented to by the Governor on the the 20th May, 1989, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 21st May, 1988, pp. 861- 862, effective from 1st April, 1988. (xii) H.P. Act No. 10 of 19895, assented to by the Governor on the 7th June, 1989, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9th June, 1989, pp. 1357- 1360. (xiii) H.P. Act No. 8 of 19946, assented to by the Governor on the the 12th May, 1994, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 16th May, 1994, pp. 1102- 1104. (xiv) H.P. Act No. 9 of 19967, assented to by the Governor on the the 18th April, 1996, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 20th April, 1996, pp. 1931- 1934. 1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra- ordinary), dated 12th September, 1984, p. 1593. 2. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated 20th December, 1985, p. 3043. 3. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 21st August, 1986, p. 1400. 4. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 7th April, 1988, p. 493. 5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 29th April, 1989, pp. 1067 and 1078. 6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 5th April, 1994, pp. 554 And 557. 7. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 11th March, 1996, pp. 990 and 992. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 4 (xv) H.P. Act No. 16 of 19981, assented to by the Governor on the 21st August, 1998, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24th August, 1998, pp. 3205-3208. (xvi) H.P. Act No. 5 of 19992, assented to by the Governor on the 18th January, 1999, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 21st January, 1999, pp. 263-266, effective from 3rd December, 1993. (xvii) H.P. Act No. 8 of 20013, assented to by the Governor on the the 14th May, 2001, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 15th May, 2001, pp. 410-414. (xviii) H.P. Act No. 12 of 20024, assented to by the Governor on the 7th May, 2002, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9th May, 2002 at pages 329-332. (xix) H.P. Act No. 17 of 20035, assented to by the Governor on the 20th September, 2003, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd September 2003, pp.1805-1810. (xx) H.P. Act No. 10 of 20066, assented to by the Governor on the 9th May, 2006, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 11th May, 2006, pp. 951-954. 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 30th July, 1998, pp. 2848 and 2852. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 9th December, 1998, pp. 4218 and 4222. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 12th April, 2001, pp. 63 and 67. 4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 28th March, 2002, pp. 4686 and 4688. 5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Himachal Pradesh, Rajpatra (Extra-ordinary), dated the 21st July, 2003, pp. 953 and 958 6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 5.4.2006, pp. 73 and 76 THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 5 (xxi) H.P. Act No. 17 of 20091 assented to by the Governor on the 17th September, 2009, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 23rd September, 2009, pp. 4094-4096. (xxii) H.P. Act No. 29 of 20122 assented to by the Governor on the 4th May, 2012, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 9th May, 2012, pp. 1029-1030. (xxiii) H.P. Act No. 43 of 20133 assented to by the Governor on the 19th September, 2013, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 21st September, 2013, pp. 3771-3773. (xxiv) H.P. Act No. 18 of 20154 assented to by the Governor on the 24th May, 2013, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 30th May, 2015, pp. 1069-1071. (xxv) H.P. Act No. 6 of 20165 assented to by the Governor of Himachal Pradesh on the 7th May, 2016, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated the 16th May, 2016, pp. 847-849. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-second Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Legislative Assembly Speaker's and Deputy Speaker's Salaries Act, 1971. (2) It shall be deemed to have come into force with effect from 25th January, 1971 but section 5 shall be deemed to have come into force on the 18th day of February, 1970. 2. Definitions.- In this Act, unless the context otherwise requires,- 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 15th September, 2009, pp. 3742 and 3744. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 7th April, 2012, pp. 279 and 281. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 30th 2013, pp. 3087 and 3089. 4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 17th April, 2015, pp. 334 and 335. 5 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 12th April, 2016, pp. 206 and 208. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 6 (a) "House" includes the staff quarters and other buildings, appurtenant thereto, and the gardens thereof. (b) "Maintenance" in relation to a house shall include the payment of local rates and taxes, and charges for electricity and water. 1[3. Salary etc. of the Speaker.- 2[(1) The Speaker shall be entitled to receive a salary at the rate of 3[eighty thousand rupees] per mensem and an allowance for each day during the whole of his term at the same rates as are specified in clause (ii) of sub-section (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 . (1-A) The Speaker shall be entitled to receive compensatory allowance at the rate of five thousand rupees per mensem.] 4[(1-AA) The Speaker shall be entitled to receive sumptuary allowance at the rate of 5[ninety five thousand] rupees per mensem.] (2) The Speaker during the term of his office shall be provided by the State Government, a free furnished house at Shimla, the maintenance charges of which shall be borne by the State Government. The State Government may also allow him to continue in free occupation of the house for a period not exceeding fifteen days from the date of his ceasing to be the Speaker. 6[3-A. XXXXXXXXXXXXXXXXXXXXXXXXXXXX] 7[4. Salary etc. of the Deputy Speaker. 8[(1) The Deputy Speaker shall be entitled to receive a salary at the rate of 9[seventy five thousand rupees] per mensem and an allowance for each day during the whole of his 1. Section 3 substituted vide H.P. Act No. 18 of 1986 amended vide H.P. Act No. 16 of 1989, H.P. Act No. 9 of 1996, H.P. Act No. 16 of 1998. 2. Substituted for sub-section (1) of section 3 vide H.P. Act No. 17 of 2003. 3. The words “thirty one thousand rupees” substituted for the words “fifteen thousand rupees” vide H.P. Act No. 17 of 2009, the words “thirty six” substituted for the words “thirty one” vide H.P. Act No. 29 of 2012, the word “fifty” substituted for the words “thirty six” vide H.P. Act No. 43 of 2013 and again the words “eighty thousand” substituted for the words “fifty thousand” vide H.P. Act No. 6 of 2016 4 Sub-section (1-AA) inserted vide H.P. Act No. 43 of 2013. 5 Substituted for the words “thirty thousand” vide H.P. Act No. 6 of 2016. 6. Section 3-A inserted vide H.P. Act No. 9 of 1977 and deleted vide H.P. Act No. 18 of 1986. 7. Section 4 amended vide H.P. Act No. 2 of 1975, H.P. Act No. 9 of 1977 and substituted vide H.P. Act No. 18 of 1986 amended vide H.P. Act No. 16 of 1989, H.P. Act No. 9 of 1996, H.P. Act No. 16 of 1998. 8. Substituted vide H.P. Act No.17 of 2003. 9. The words “twenty eight thousand rupees “ substituted for the words “eleven thousand rupees” vide H.P. Act No. 17 of 2009, the words “thirty three” substituted for the words “twenty eight” vide H.P. Act No. 29 of 2012, the words “ forty five” substituted for the words “thirty three” vide H.P. Act No. 43 of 2013 again substituted for the words “forty five thousand” vide H.P. Act No. 6 of 2016. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 7 term at the same rates as are specified in clause (ii) of sub-section (1) of section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971. (1-A) The Deputy Speaker shall be entitled to receive compensatory allowance at the rate of five thousand rupees per mensem.] 1[(1-AA) The Deputy Speaker shall be entitled to receive sumptuary allowance at the rate of 2[ninety-five thousand] rupees per mensem.] (2) The Deputy Speaker during the term of his office shall be provided by the State Government, a free furnished house at Shimla, the maintenance charges of which shall be borne by the State Government or in lieu thereof he shall be paid such allowance not exceeding three hundred rupees per mensem as the State Government may fix. The State Government may also allow him to continue in free occupation of the house for period not exceeding fifteen days from the date of his ceasing to be the Deputy Speaker. Explanation.- The Deputy Speaker shall not become liable personally for any payment in case the standard rent of the house allotted to him for residence exceeds one hundred and fifty rupees per mensem. 3[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX] 5. Salary of Deputy Speaker from 18-2-70 to 24-1-71.- There shall be paid to the Deputy Speaker a salary at the rate of seven hundred rupees per mensem from the 18th day of February, 1970 to 24th day of January, 1971 and he shall be entitled to draw the arrears at the rate of two hundred rupees per mensem after deducting the salary of five hundred rupees per mensem already drawn by him under the Salaries and Allowances of Speaker and the Deputy Speaker of the Legislative Assembly (Himachal Pradesh) Act, 1963. 6. Conveyance allowance. (1) The Speaker and the Deputy Speaker shall each be entitled to the use of a car, the expenses on the maintenance and propulsion of which shall be borne by the State Government, or in lieu thereof to a conveyance allowance of 4[five] hundred rupees per mensem : Provided that the maintenance and propulsion expenses of the State car in use by the Speaker or Deputy Speaker shall not be subject to the limit of 5[five] hundred rupees. 1. Sub-section (1-AA) inserted vide H.P. Act No. 43 of 2013. 2 . Substituted for the words “thirty thousand” vide H.P. Act No. 6 of 2016. 3. Section 4-A inserted vide H.P. Act No. 18 of 1986, substituted vide H.P. Act No. 8 of 1988 effective from 1st April, 1988 amended vide H.P. Act No. 16 of 1989, amended vide H.P. Act No. 8 of 1994, H.P. Act No. 9 of 1996, H.P. Act No. 16 of 1998 and omitted vide H.P. Act No. 17 of 2003. 4. The words “five hundred” substituted for the words “three hundred” vide H.P. Act No. 9 of 1977. 5. The words “five hundred” substituted for the words “three hundred” vide H.P. Act No. 9 of 1977. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 8 (2) Speaker or Deputy Speaker may opt for the services of a chauffeur on Government expense in lieu of conveyance allowance provided in sub- section (1) if he uses his own motor car. 7. Advance of loan to the Speaker and the Deputy Speaker.- There may be paid to the Speaker or the Deputy Speaker by way of repayable advance such sum of money and subject to such conditions as may be determined by rules made in this behalf by the State Government, for the purchase of motor-car, in order that he may be able to discharge conveniently and efficiently the duties of his office. 1[7-A. House Building advance.- 2[There may be paid to the Speaker or the Deputy-Speaker] by way of repayable advance such sum of money, and subject to such conditions, as may be determined by rules made in this behalf, for the construction of a house or for the purchase of a built-up house]. 3[Explanation.- The expression "construction of a house" for the purpose of this section, shall include addition to, alteration in, renovation of or repairs of a house]. 8. Free installation of the telephone.- (1) The Speaker and the Deputy Speaker shall each be entitled to have a telephone installed at any place within his constituency or at his permanent place of residence, if such facility is available at such place at normal rates and without incurring any additional cost, as may be specified by him and after the place of installation is so specified, the charges of first installation of, security deposit and annual rent for, such telephone shall be borne by the State Government and all other expenses such as those relating to local and outside calls shall be paid by the Speaker or the Deputy Speaker, as the case may be: 4[Provided that the Speaker or Deputy Speaker, as the case may be, who installs a telephone under this sub-section shall be paid a telephone allowance at the rate of 5[twenty thousand rupees] per mensem.] 6[Provided further that the Speaker or the Deputy Speaker, as the case case may be, may continue to avail himself of the facility of telephone 1. Section 7-A inserted vide H.P. Act No. 9 of 1979. 2. Substituted for the words “In case the Speaker or the Deputy Speaker does not avail himself of the facility of motor car advance as provided in section, he may be paid” vide H.P. Act No. 16 of 1983, effective from 1st September, 1983. 3. Explanation added vide H.P. Act No. 23 of 1984. 4. First Proviso amended vide H.P. Act No. 9 of 1979, H.P. Act No. 16 of 1983, H.P. Act No. 3 of 1986, H.P Act No. 8 of 1994, H.P. Act No. 9 of 1996, H.P. Act No. 16 of 1998, H.P. Act No. 12 of 202 and substituted vide H.P. Act No. 17 of 2003. 5 The words “ ten thousand rupees” substituted for the words “seven thousand rupees” vide H.P. Act No. 17 of 2009, the words “ twenty” substituted for the word “ten” vide H.P. Act No. 43 of 2013. 6. Proviso added vide H.P. Act No. 16 of 1983, effective from 1st September, 1983. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 9 provided to him for a period not exceeding 15 days from the date of his ceasing to be the Speaker or the Deputy Speaker, as the case may be]. (2) All expense which are payable by the Speaker or the Deputy Speaker in relation to the telephone installed under sub-section (1) shall be paid by the Speaker or the Deputy Speaker, as the case may be, directly in cash and if it is not so done, the same may be adjusted by the State Government against any amount due to the Speaker or the Deputy Speaker, as the case may be, from the State Government. 1[9. Speaker not to practise any profession.- The Speaker shall not practise any profession or engage in any trade or receive any money other than compensatory allowance, as defined in the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971, for employment other than his duties as Speaker]. 10. Travelling Allowance.- The travelling and daily allowances of the Speaker and the Deputy Speaker shall be regulated in accordance with such rules as may be framed or adopted by the State Government from time to time : Provided that no mileage or travelling allowance shall be chargeable in respect of journey performed in a State car. 2[10-A. Free transit by railway or by air.- 3[(1) Speaker and Deputy Speaker during the term of their office shall be entitled to travel at any time by railway or by air by any class within or outside the country alongwith his family or any person accompanying him to look after and assist him during travel and shall be entitled for the reimbursement of actual expenses so incurred on production of tickets of such journey performed, subject to maximum of 4[two lac fifty thousand rupees] in each financial year: Provided that the aggregate amount payable for the journey performed by railway or by air in a financial year shall not exceed two lac rupees. Explanation.- For the purpose of this sub-section, the expression “family” shall mean the spouse their unmarried son(s) and daughter(s) including unmarried adopted son and daughter.] (2) The Speaker and the Deputy Speaker, as the case may be, shall be entitled for an advance not exceeding rupees 5[twenty five thousand] on his 1. Section 9 substituted vide H.P. Act No. 25 of 1979, effective from 8th May, 1979. 2. Section 10-A added vide H.P. Act No. 2 of 1975, omitted vide H.P. Act No 9 of 1977, again inserted vide H.P. Act 9 of 1979, amended vide H.P. Act No. 8 of 1981, substituted vide H.P. Act No. 16 of 1983, effective from 1st September, 1983, amended vide H.P. Act No. 10 of 1989, H.P. Act No. 8 of 1994, H.P. Act No. 9 of 1996, H.P. Act No. 16 of 1998 again substituted vide H.P. Act No. 8 of 2001, amended vide H.P. Act No. 10 of 2006. 3. Sub-section (1) substituted vide H.P. Act No. 18 of 2015. 4. Substituted for the words “two lac rupees” vide H.P. Act No. 6 of 2016. 5. Substituted for the words “ten thousand” vide H.P. Act No. 6 of 2016. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 10 request to undertake such journey and the advance paid shall be adjusted before the closing of financial year, failing which the entire advance shall be recovered from his salary and allowances in lump-sum. Explanation.- For determining the aggregate amount under this section, the amount so incurred in same financial year on journey by railway or air under section 7 of the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 2000, or under sub-section (1) of section 6 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 shall be taken into account.] 11. Speaker and Deputy Speaker not to draw any salary as members of the Assembly.- The Speaker and the Deputy Speaker shall not be entitled to receive any sum out of funds provided by the Assembly by way of salary or allowances in respect of their membership of such Assembly. 1[11-A. Salary, allowances and perquisites to be exclusive of income tax.- The Salary and allowances payable to the Speaker and the Deputy Speaker, and free furnished house and other perquisites admissible to them under this Act, shall be exclusive of income-tax which shall be payable by the State Government. Explanation.- The amount of income-tax payable by the State, would be first slab of the income assessed for income-tax that is in assessing this amount the other sources of income of the Speaker and Deputy Speaker shall not be taken into consideration]. 12. Notification respecting appointment of Speaker etc, to be conclusive evidence thereof.- The date on which any person became or ceased to be a Speaker or Deputy Speaker shall be published in the Official Gazette of the State of Himachal Pradesh and any such notification shall be conclusive evidence of the fact that he became or ceased to be the Speaker or the Deputy Speaker on that date for all the purposes of this Act. 13. Power to make rules. (1) The State Government may, by notification in the Official Gazette of the State of Himachal Pradesh, make rules for carrying out the purposes of this Act. (2) All rules made under this Act shall be laid before the Legislative Assembly as soon as may be after they are made: 2[Provided that the State Government may, for the purposes of sections 7 and 7-A of this Act, make rules with retrospective effect so as to be effective from any day on or after the 31st day of December, 1993.] 14. Repeal and savings. (1) The Salaries and Allowances of the Speaker and the Deputy Speaker of the Legislative Assembly (Himachal Pradesh) Act, 1963 (3 of 1963) and the Salaries and Allowances of the 1. Section 11-A inserted vide H.P. Act No. 5 of 1976. 2. Proviso added vide H.P. Act No. 5 of 1999, effective from 31st December, 1993. THE HIMACHAL PRADESH LEGISLATIVE ASSEMBLY SPEAKER'S AND DEPUTY SPEAKER'S SALARIES ACT, 1971 11 Speaker and the Deputy Speaker of the Legislative Assembly (Himachal Pradesh) Ordinance, 1971 (2 of 1971), are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken (including any rules, notifications or orders made or issued) in exercise of any power conferred by or under the said Act or Ordinance shall be deemed to have been done or taken under this Act. _______

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