The Gujarat Ministers Salaries and Allowances Act, 1960

GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT The Gujarat Ministers’ Salaries and Allowances Act, 1960 (GUJARAT ACT NO. VI Of 1960) (As modified upto the 30th September, 2024.) PRINTED IN INDIA BY THE SR. MANAGER, GOVERNMENT CENTRAL PRESS, GANDHINAGAR, PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND STATIONARY, GANDHINAGAR, GUJARAT STATE. 2024 [ Price : ` 15.00 ] (i) GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT The Gujarat Ministers’ Salaries and Allowances Act, 1960 (GUJARAT ACT NO. VI Of 1960) (As modified upto the 30th September, 2024.) PRINTED IN INDIA BY THE SR. MANAGER, GOVERNMENT CENTRAL PRESS, GANDHINAGAR, PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND STATIONARY, GANDHINAGAR, GUJARAT STATE. 2024 [ Price : ` 15.00 ] H-57-04-24-SSD (ii) © 2019 GOVERNMENT CENTRAL PRESS, GANDHINAGAR. (iii) THE GUJARAT MINISTERS’ SALARIES AND ALLOWANCES ACT, 1960 CONTENTS PREAMBLE. PAGE NO. SECTIONS. 1. Short title and commencement. 1 2. Definitions. 1 3. Salaries and dearness allowance of Ministers and Ministers of State. 2 3A. Consolidated Allowance to Ministers. 2 3B. [Deleted.] 2 4. Residences of Ministers. 2 5. Conveyances for Ministers. 2 6. Salaries and dearness allowance of Deputy Ministers. 3 6A. Consolidated Allowance to Deputy Ministers. 3 6B. [Deleted.] 3 7. Residences of Deputy Ministers. 3 8. Conveyances for Deputy Ministers. 3 9. Travelling and daily allowances and residential accommodation 3 at places other than headquarters. 9A. Travelling allowances on assumption of office by Ministers and on 4 ceasing to be Ministers. 4 9AA. Free transit by railway. 4 9AB. Free transit by air. 4 9B. Telephone facilities to Ministers. 5 10. [Deleted.] 5 11. Sumptuary allowance to Chief Minister. 5 12. Ministers and Deputy Ministers not entitled to salaries and allowances 5 as members of State Legislature. 13. Ministers of State and Deputy Ministers not disqualified. 5 14. Power of State Government to make rules and orders. 5 15. Repeal of Gujarat Ordinance No. VI of 1960. 6 6 GUJARAT ACT NO. VI OF I9601* [THE GUJARAT MINISTERS' SALARIES AND ALLOWANCES ACT, I960.] [ 22nd September, 1960.] Amended by Guj. 3 of 1972.+ Amended by Guj. 20 of 1973. Amended by Guj. 21 of 1980. Amended by Guj. 19 of 1981.++ Amended by Guj. 18 of 1982. Amended by Guj. 29 of 1986.+++ Amended by Guj. 12 of 1988. Amended by Guj. 6 of 1992.# Amended by Guj. 20 of 1998.## Amended by Guj. 23 of 2005.### Amended by Guj. 2 of 2017.∆ Amended by Guj. 18 of 2018.∆∆ Amended by Guj. 7 of 2020. ** An Act to provide for the salaries and allowances of the Minister of the Government of Gujarat and certain other matters. WHEREAS it is expedient to provide for the determination of the salaries and allowances of the Ministers of the Government of Gujarat and other matters hereinafter appearing; It is hereby enacted in the Eleventh Year of Republic of India as follows: — 1. (1) This Act may be called the Gujarat Ministers' Salaries and Short title and Allowances Act, 1960. commencement. (2) It shall be deemed to have come into force on the 1st day of May, 1960. 2. In this Act, unless there is anything repugnant in the subject or Definitions. context:— (a) "Maintenance" in relation to a residence includes the payment of rates and taxes due to Government or any local authority and the provision of electricity, gas and water; (b) "Minister" and "Deputy Minister" mean respectively a Minister and a Deputy Minister of the Government of Gujarat, and 2["Minister" includes— (i) The Chief Minister, (ii) The Deputy Chief Minister, and (iii) Minister of State]; (c) "Residence" includes the staff quarters and other buildings appurtenant thereto, and the gardens thereof; 1. For Statement of Objects and Reasons, See Gujarat Government Gazette, Extraordinary, Part V, dated the 25th July, 1960, Page No. 24. * This Act was assented by the Governor on 19th September, 1960. 2. This portion was substituted for the words ““Minister” includes the Chief Minister” by Guj. 20 of 1973, s. 2. + This Amendment Act was deemed to have come into force on the 17th March, 1972. ++ This Amendment Act was deemed to have come into force on the 1st January, 1981. +++ This Amendment Act was deemed to have come into force on the 1st September, 1986. # This Amendment Act was deemed to have come into force on the 1st April, 1992. ## This Amendment Act was deemed to have come into force on the 1st August, 1998. ### This Amendment Act was deemed to have come into force on the 1st April, 2005. ∆ This Amendment Act was deemed to have come into force on the 20th December, 2016. ∆∆ This Amendment Act was deemed to have come into force on the 22nd December, 2017. ** This Amendment Act was deemed to have come into force on the 8th April, 2020. 2 The Gujarat Minister’s Salaries and Allowances Act, 1960. [1960 : Guj. VI (d) "Rules" and "orders" mean rules or orders respectively made under this Act. Salaries and 1[3. (1) There shall be paid to the Minister 25% more basic salary per dearness month than the basic salary payable to a Member of the Assembly by virtue of allowance of Ministers and the provisions of sub-section (1) of section 3 of the Gujarat Legislative Ministers of Assembly Members’ Salaries and Allowances Act, 1960. State. 2[(1A) Notwithstanding anything contained in sub-section (1), there shall be paid to the Minister 30 per cent less basic salary per month for a period of twelve months commencing from the 1st April, 2020.] (2) There shall be paid to the Minister during the whole of his term of office per month the dearness allowance on the amount of the basic salary referred to in sub-section (1) at such rate as is being paid to the employees of the State Government from time to time.] Consolidated 3[3A. There shall be paid to each Minister during the whole of his term Allowance to Ministers. of office per month a sum of ` 4[20,000] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.] [3B. Dearness allowance to Ministers] was deleted by Guj.18 of 2018, s.2, Sch., Sr. No.3, item 3. Residences of 4.(1) Each Minister shall be entitled, without payment of rent, to the use Ministers. of a furnished residence 5[in Gandhinagar] throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of ` 250 per month. : (2) No charge shall fall on the Minister personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders. Conveyances 5. (1) The State Government may, from time to time, for the use of the for Ministers. Ministers purchase and provide motor cars and other suitable conveyances upon such conditions as regards their maintenance and repairs as may be determined by rules or orders. 6[(1A) Where, under sub-section (1), the State Government has provided for the use of the Ministers motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.] (2) There shall also be paid to each Minister a conveyance allowance at the rate of ` 7[7,000] per month. 1. Section 3 was substituted by Guj. 18 of 2018, s.2, Sch., Sr.No.3, item 1. 2. Sub-section (1A) was inserted by Guj. 7 of 2020, s.4(i). 3. Section 3A was inserted by Guj. 6 of 1992, s. 2, Sch., Sr. No. 3, item 2. 4. This figure was substituted for the figure “7,000” by Guj. 18 of 2018, s.2, Sch., Sr. No.3, item 2. 5. These words were substituted for the words "in Ahmedabad" by Guj. 3 of 1972, s.2. 6. Sub-section (lA) was inserted by Guj. 3 of 1972, s. 3(1). 7. This figure was substituted for the figure “4,000” by Guj. 18 of 2018, s.2, Sch., Sr. No.3, item 4. 1960 : Guj. VI] The Gujarat Minister’s Salaries and Allowances Act, 1960. 3 1[6. (1) There shall be paid to the Deputy Minister 25% more basic Salaries and salary per month than the basic salary payable to a Member of the Assembly by dearness allowance virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative of Deputy Assembly Members’ Salaries and Allowances Act, 1960. Ministers. 2[(1A) Notwithstanding anything contained in sub-section (1), there shall be paid to the Deputy Minister 30 per cent. less basic salary per month for a period of twelve months commencing from the 1st April, 2020.] (2) There shall be paid to the Deputy Minister during the whole of his term of office per month the dearness allowance on the amount of the basic salary referred to in sub-section (1) at such rate as is being paid to the employees of the State Government from time to time.] 3[6A. There shall be paid to each Deputy Minister during the whole of Consolidated Allowance to his term of office per month a sum of ` 4[20,000] as a consolidated allowance Deputy for all matters not specifically provided for by or under the provisions of this Ministers. Act.] [6B. Dearness Allowance to Deputy Ministers] was deleted by Guj. 18 of 2018, s.2, Sch., Sr.No.3, item 7. 7. (1) Each Deputy Minister shall be entitled, without payment of rent, Residences of to the use of a furnished residence 5[in Gandhinagar] throughout his term of Deputy Ministers. office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of ` 150 per month. (2) No charge shall fall on the Deputy Minister personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders. 8. (1) The State Government, may from time to time, for the use of the Conveyances for Deputy Deputy Ministers purchase and provide motor cars and other suitable Ministers. conveyances, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders. 6[(1A) Where, under sub-section (1), the State Government has provided for the use of the Deputy Ministers motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.] (2) There shall also be paid to each Deputy Minister a conveyance allowance at the rate of ` 7[7,000] per month. 9. The Ministers and Deputy Ministers shall be entitled to travelling Travelling and daily and daily allowances while touring on public business and suitable residential allowances and accommodation at places visited by them on such business, at such rates and residential upon such conditions as may be determined by rules or orders. accommodation at places other than headquarters. 1. Section 6 was substituted by Guj. 18 of 2018, s.2, Sch., Sr. No.3, item 5. 2. Sub-section (1A) was inserted by Guj. 7 of 2020, s.4(ii). 3. Section 6A was inserted by Guj. 6 of 1992, s. 2, Sch., Sr. No. 3, item 5. 4. This figure was substituted for the figure “7,000” by Guj. 18 of 2018, s.2, Sch., Sr. No.3, item 6. 5. These words were substituted for the words "in Ahmedabad" by Guj. 3 of 1972, s.4. 6. Sub-section (lA) was inserted by Guj. 3 of 1972, s.5 (1). 7. These figures was substituted for the figure “4000” by Guj. 18 of 2018, s.2, Sch., Sr. No.3, item 8. 4 The Gujarat Minister’s Salaries and Allowances Act, 1960. [1960 : Guj. VI Travelling 1[9A. Subject to any rules or orders made in this behalf by the State allowances on Government,- assumption of office by (a) a Minister and a Deputy Minister shall be entitled to travelling Ministers and on ceasing to be allowance for himself and the members of his family and for the transport of his Ministers. and his family's effects in respect of the journey to Gandhinagar from his usual place of residence outside Gandhinagar for assuming office; (b) a Minister or Deputy Minister and members of his family shall be entitled to travelling allowance for himself or themselves and for the transport of effects of the Minister, Deputy Minister or, as the case may be, his family in respect of the journey from Gandhinagar to his usual place of residence outside Gandhinagar on the Minister or the Deputy Minister ceasing to hold his office. Explanation.- For the purposes of this section the expression "a member of the family" shall have the same meaning as assigned to it in section 10 and the "family" shall be construed accordingly. Free transit 2[9AA. Every Minister and Deputy Minister shall be provided with by railway. facilities which shall entitle them at any time to travel by first class or by second class air conditioned by railway in any part of India in such manner and subject to such conditions as may by rules or orders be prescribed in that behalf: Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by a Minister or, as the case may be, a Deputy Minister singly or jointly with his spouse and two other members of his family residing with and dependent on him, so however, that the total distance so travelled by the Minister or, as the case may be, the Deputy Minister singly in any year does not exceed 10,000 kilometres and the total distance so travelled jointly by the Minister or, as the case may be, the Deputy Minister and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometres. Explanation.—For the purpose of calculating the number of kilometres travelled by a Minister or, as the case may be, a Deputy Minister jointly with his spouse and two other members of his family residing with and dependent on him, outside the State of Gujarat, the number of kilometres travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately. Free transit 9AB. Every Minister and the Deputy Minister may undertake or by air. perform journey alongwith co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occassions in each year: 1. Sections 9A and 9B were inserted by Guj. 18 of 1982, s.4. 2. Sections 9AA and 9AB were inserted by Guj. 20 of 1998, s. 2, Sch., Sr. No. 3, item 7. 1960 : Guj. VI] The Gujarat Minister’s Salaries and Allowances Act, 1960. 5 Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the Minister or, as the case may be, the Deputy Minister.] 9B. (1) Every Minister and Deputy Minister shall during the term of his Telephone facilities to office be entitled to have 1[telephone facilities] at Government cost at the place Ministers. of residence at Gandhinagar. (2) No charge shall fall on the Minister and the Deputy Minister personally in respect of installation of, initial deposit for, rental charges for maintenance of, and calls made from, 2[telephone facilities provided] under sub-section (1)] [ 10. Medical attendance] was deleted by Guj. 2 of 2017, s.4. 11. There shall be placed at the disposal of the Chief Minister a sum of Sumptuary allowance to ` 3[1,50,000] per year as sumptuary allowance. Chief Minister. 12. Notwithstanding anything contained in any law for the time being Ministers and Deputy in force determining the salaries and allowances of members of the State Ministers not entitled to Legislature, a Minister or a Deputy Minister shall not be entitled to receive any salaries and allowances as salary or allowances under such law, although he is a member of the Gujarat members of State Legislative Assembly. Legislature. 5 13. For the avoidance of doubt, it is hereby declared that a person shall [Ministers of State and not be disqualified for being chosen as, or for being a member of the Gujarat Deputy Ministers] not Legislative Assembly merely by reason of the fact that he holds the 4[office of disqualified. a Minister of State or of a Deputy Minister ]. 14. 6[(1) The State Government may, by notification in the Official Power of State Government to Gazette, make rules or orders for carrying out the purposes of this Act.] make rules and orders. (2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1st May, 1960. (3) Rules or orders made under this section shall have effect as if enacted in this Act. 1. These words were substituted for the words "a telephone installed" by Guj. 20 of 1998, s.2, Sch., Sr. No.3, item 8(l). 2. These words were substituted for the words "a telephone installed", ibid., s.2, Sch., Sr. No. 3, item 8(2). 3. These figures were substituted for the figures "75,000", ibid., s. 2, Sch., Sr. No. 3, item 9. 4. These words were substituted for the words "office of a Deputy Ministers" by Guj. 20 of 1973, s.4(l). 5. In the marginal note, these words were substituted for the words "Deputy Ministers”, ibid., s.4(2). 6. Sub-section (1) was substituted by Guj. 21 of 1980, s.2. 6 The Gujarat Minister’s Salaries and Allowances Act, 1960. [1960 : Guj. VI 1[(4) All rules and orders made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.] Repeal of 15. The Gujarat Ministers' Salaries and Allowances Ordinance, 1960 is Gujarat hereby repealed and the provisions of sections 7 and 25 of the Bombay Ordinance No. VI of 1960. General Clauses Act, 1904 shall apply to such repeal as if that Ordinance were Bom. I of 1904. an enactment. 1. Sub-sections (4) and (5) were added by Guj. 3 of 1972, s. 6. -------------------- GOVERNMENT CENTRAL PRESS, GANDHINAGAR.