The Odisha Legislative Assembly Members' Salary, Allowances and Pension Act, 1954

Orissa Act No. 19 of 1954

*The Orissa Legislative Assembly Members'
1[Salary, Allowances and Pension] Act, 1954

[Received the assent of the Governor on the 3rd December 1954, first published in

an extraordinary issue of the Orissa Gazette, dated the 13th  December 1954.]

AN ACT TO PROVIDE FOR THE SALARY, ALLOWANCES & PENSION OF

THE MEMBERS OF THE ORISSA LEGISLATIVE ASSEMBLY.

WHEREAS it is expedient to provide tor the Salary, Allowances & Pension

of the Members of the Orissa Legislative Assembly :

It is hereby enacted by the Legislature of the State of Orissa in the Fifth

Year of the Republic of India, as follows :-

1. Short title and Commencement:- (1) This Act may be called the

Orissa Legislative Assembly Members 1[Salary, Allowances & Pension] Act, 1954.

(2) It shall come into force at once.

2. Definitions:- In this Act unless the context otherwise requires "

(a) "Assembly" means the Orissa Legislative Assembly;
2[(a-1)"Chief Whip" and "Deputy Chief Whip" shall respectively mean those

Members of the Assembly who are for the time being the Government Chief Whip

and the Government Deputy Chief Whip;]

(b) "Committee" means a Select Committee or other Committee of the

Assembly and includes any Committee appointed by Government for a purpose

connected with the business of the Assembly and declared by Government to be

a Committee of the Assembly;
3[(b-1) "Leader of the Opposition" means that Member of the Assembly

* Published in Orissa Gazette Extraordinary No.  dated 13.12.1954

1. Substituted vide Orissa Act 3 of 1977

2. Inserted vide Orissa Act 10 of 1969

2. Substituted vide Orissa Act 7 of 1992

The Odisha   Gazette
EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. Date : 13th December 1954



2

who is for the time being, the Leader in the Assembly of the Party in Opposition

to the Government having the greatest numerical strength not being less than

one-tenth of the total membership of the Assembly and recognised as such by

the Speaker.

Explanation-When there are two or more Parties in Opposition to the

Government in the Assembly having the same numerical strength, the Speaker

shall, having regard to the status of the parties, recognise any one of the Leaders

of such parties as the Leader of the Opposition for the purpose of this Act and

such recognition shall be final and conclusive.]

(c) "Member" means a Member of the Assembly, who has taken his seat

therein, other than the Speaker or Deputy Speaker of the Assembly or a Minister

or a Parliamentary Secretary of the Government of Orissa; and

(d) "Place of residence" means the place where a Member ordinarily resides

within the State.

3. Salary:- There shall be paid and delivered a salary;

(a) at the rate of  1[thirty five thousand rupees] to every Member,

other than the Leader of the Opposition, the Chief Whip and the

Deputy Chief Whip;

(b) at the rate of 1[forty thousand rupees] to the Leader of the

Opposition and the Chief Whip and

(c) of 1[thirty six thousand rupees] to the Deputy Chief whip;

Provided that a Member may, if he so desires, forgo either in full or in part,

his salary for any period not less than three consecutive months at a time during

the tenure of his office, communicating the intention forthwith so to do the Secretary

of the Assembly.

4. Allowances:- There shall be paid to every member the following

allowances, except the allowances mentioned in 2[clauses (a), (d), (e), 3[(f) and

(g)] in case of the Leader of the Opposition, the Chief Whip and the Deputy Chief

Whip, at the rates specified against each :-
3[(a) Constituency Allowance and Secretarial Allowance at the rate of

1[twenty thousand rupees] per mensem for all members not

otherwise provide for by or under the provisions of this Act.]
4[(b) Daily allowance of "

(i) 1[one thousand and five hundred rupees] a day for each day

of actual residence at the place where the Assembly or a

Committee meets or at a place to make an oath or affirmation

as required by Article 188 of the Constitution of India; and

(ii) 1[two thousand rupees] a day for going out-side the State to

1. Substituted vide O.A. No. 14 of 2017, O.G.E. No. 1681 dated 18.10.2017.

2. Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.

3. Substituted vide O.A. No. 4 of 2011, O.G.E. No. 1120 dated 12.05.2011

4. Substituted vide O.A. No. 12 of 1998, O.G.E. No. dated 08.10.1998



3

attend Conferences and Meetings and on Study Tours.

(c) Travelling Allowance for the journey each way between the

member's place of residence and the place of meeting of the

Assembly, or a Committee, or between such place of residence

and the place where the Member makes an oath or affirmation

as aforesaid;

(i) in case of a journey by railway double the fare of the Air-

conditioned, two tier and in case of journey by steamer double

the second class fare; and

(ii) in case of journey by road 2[one rupee and fifty paise] per

each kilometer travelled:
1[Provided that if a Member performs the journey in his own car or hired

car, he shall draw road mileage at the rate of fifteen rupees per kilometer if the

jorney is made inside the State and twenty rupees per kilometer, if jorney is

made outside the State.]

(d) Conveyance Allowance at the rate of 1[fifteen thousand rupees] a month.
3[(e) Books, journals and periodicals allowance at the rate of 1[two thousand

rupees] per month.

(f) Electricity consumption allowance at the rate of 1[five thousand rupees]

per month.]
4[4A. 5[Fixed allowance for travel not connected with duty:- There

shall be paid to each Member, other than the Leader of the Opposition, the Chief

Whip and the Deputy Chief Whip, a sum of 2[rupees four thousand] per mensem

to defray the cost of travelling which is not connected with the business of the

Assembly or a Committee thereof or a Committee or Body constituted Jay the

State or Central Government by a Resolution or an order.]
6[4AA. Advance for purchase of a Jeep, Motor Cycle, Scooter or a

like vehicle:- (1) A Member shall be entitled to an advance not exceeding 7[one

lakh rupees] for purchase of a jeep, motor cycle, scooter or a like vehicle to be

recovered with interest within a period not exceeding five years from the date of

its sanction or before the expiry of his office as a Member of the Assembly during

the term of which the advance is sanctioned, whichever is shorter.

(2) The terms and conditions governing the sanction of the advance under

Sub-section (1) including the rate of interest to be charged and. the manner of

sanction and recovery thereof, shall be such as may be prescribed by rules

made by the State Government in that behalf.]

1. Substituted vide O.A. No. 14 of 2017, O.G.E. No. 1681 dated 18.10.2017.

2. Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.

3. Inserted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.

4. Inserted vide O.A. No. 20 of 1976.

5. Substituted vide O.A. No. 14 of 1979.

6. Substituted vide O.A. No. 11 of 1986.

7.. Substituted vide O.A. No. 12 of 1998, O.G.E. No. dated 08.10.1998



4

1[4B. Pension:- 5[(1). With effect from the commencement of the-Orissa

Legislative Assembly Members' Salary, Allowances and Pension (Amendment)

Act, 2[2017], there shall be paid a pension of 2[thirty thousand rupees] per mensem

to every person who has held office for a period of 4[one years], whether continuous

or not, as a Member of the Assembly :

Provided that where any person has held office for a period exceeding five

years, there shall be paid to him an additional pension of 2[two thousand rupees}

per mensem for every year in excess of five years so, however, that, in no case

the total amount of the additional pension together with the pension, to be so

paid, shall exceed 2[seventy thousand rupees] per mensem] ;

Provided further that where any person has held office as a Member of

Assembly twice for its duration as provided in clause (1) of article 172 of the

Constitution, whether consecutively or not, and who is not entitled to any pension

under the foregoing provisions of this Sub-section, he shall, with effect from the

commencement of the Orissa Legislative Assembly Members' Salary, Allowances

and Pension (Amendment) Act, 2[2017] be entitled to a pension of 2[thirty thousand

rupees] per mensem;

Explanation - (i) The period for which a person has held office as a Member

of the Assembly shall mean "

(a) where such person is elected in General Election held for the

purpose of constituting a new Assembly, the period beginning

with the date of publication of the notification of the Election

Commission under Section 73 of the Representation of the People

Act, 1951; or

(b) where such person is elected in a bye-election to the Assembly,

the period beginning with the date of his election referred to in

Section 67-A of the said Act; and ending with, in each case, the

date on which his seat becomes vacant.

(ii) in computing the aforesaid period, the period preceding the 26th day of

January, 1950 for which a person has held such office, shall not be taken into

account;
3[(iii) where such person has held office for a part of the year exceeding six

months, it shall be treated as one year for the purpose of calculation of pension.]

(2) Where any person entitled to pension under Sub-section (1) "

(i) is appointed to the office of the Governor of any State or the

Administrator of any Union Territory; or

(ii) becomes a Member of the Council of States or the House of the

People or of any Legislative Assembly; or

1. Inserted vide O.A. No. 3 of 1977.

2. Substituted vide O.A. No. 14 of 2017, O.G.E. No. 1681 dated 18.10.2017.

3. Inserted vide O.A. No. 7 of 2007, O.G.E. No. 1484 dated 23.8.2007.

4. Substituted vide O.A. No. 12 of 1999.



5

(iii) is employed on a salary under the Central Government or any

State Government, or any Corporation owned or controlled by

the Central Government or any State Government or under any

local authority or becomes otherwise entitled to any remuneration

from such Government, Corporation or local authority;

such persons shall not be entitled to any pension under Sub-section (1)

for the period during which he continues to hold such office or as such member

or is so employed, or continues to be entitled to such remuneration :

Provided that where the salary payable to such person for holding such

office or being such member or so employed, or where that remuneration referred-

to in clause (iii) payable to such person, is in either case, less than the pension

payable to him under Sub-section (1), such person shall be entitled only to

receive the balance as pension under that Sub-section.

(3) Where any person entitled to pension under Sub-section (1) is entitled

to any other pension, such person shall be entitled to receive the pension under

Sub-section (1) in addition to such other pension; and

(4) In computing the number of years for the purpose of Sub-section (1),

the period during which a person has served as Minister or Speaker or Deputy

Speaker as defined in the Orissa Ministers, Salaries and Allowarices Act, 1952

or the Orissa Legislative Assembly Speaker's Salary and Allowances Act, 1960

or the Orissa Deputy Speaker's Salary and Allowances Act, 1959 respectively by

virtue of his membership in the Assembly shall also be taken into account.]

(5)(a) In the event of the death of member who was eligible for pension

or already in receipt of pension under Sub-section (1), his/her

spouse shall be entitled to receive as family pension a sum

equivalent to such pension till his/her death or remarriage

whichever is earlier.

(b) In the event of the death of member while continuing in office as

such, whose spouse is not entitled to receive family pension

under clause (a) his/her spouse shall be entitled to receive as

family pension till his/her death or remarriage, whichever is earlier,

a sum equivalent to an amount which the member would have

received had he held office for a period of one year as member :

Provided that the conditions laid down in Sub-sections (2) and (3) shall

mutatis mutandis apply to holders of family pension.

5. Amenities:- (1) A member shall be entitled to such medical facilities for

himself and for members of his family and to such housing, telephone and postal

facilities as may be prescribed by rules under Section 7 :

Provided that a member who is Leader of the Opposition shall, so long he

continues to be such leader and for a period of fifteen days immediately thereafter,

be entitled without payment of rent to the use of residence.

Explanation - For the purpose of this provision 'residence' includes the



6

staff quarters and other buildings appurtenant thereto.

(2) The Chief Whip and the Deputy Chief Whip shall, throughout the period

they continue in office as such and for a period of fifteen days thereafter, each be

entitled without payment of rent, to the use of a furnished residence or in lieu

thereof to a house rent allowance of one hundred rupees per month and no

charge shall fall on them personally in respect of the maintenance of such

furnished residence provided to them.

Explanation - For the purpose of this Sub-section 'residence' includes the

staff quarters and other buildings appurtenant thereto and 'maintenance' in relation

to a residence shall mean only the payment of Municipal tax and the installation

of electricity and water taps.

6.  Accommodation in inspection Bungalows etc.:- Notwithstanding

anything contained in any other law, rules or orders for the time being in force

and subject to rules to be made by the State Government; member shall be

entitled to free accommodation in Inspection Bungalows, Dak Bungalows, Circuit

Houses or Rest Houses maintained by the State Government or Local Authority

within the State.

7. Power to make rules:- (1) The State Government may make rules for

carrying out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing

powers such rule may provide "

(a) for determining the period during which daily allowances and

travelling allowances are to be drawn;

(b) for deductions from such allowances and the salary fixed under

Section 3 under such circumstances as they consider fit;

(c) for medical, housing, telephone and postal facilities;

(d) for determining the staff and the privileges of the Leader of the,

Opposition, the Chief Whip; and the Deputy Chief Whip; and

(e) for regulating the payment of pension.

(3) All rules made under this Act shall be laid as soon as possible after

they are made before the Orissa Legislative Assembly for a total period of fourteen

days which may be comprised in one Session or in two or more Sessions and

shall be subject to such modifications as the Assembly may make during the

said period.

8. Continuance of the existing rules:- Notwithstanding anything

contained in this Act but subject to the provisions of Section 4 thereof, the rules

made under the provisions of Section 5 of the Orissa Legislative Assembly

Member's Salaries and Allowances Act, 1938, shall continue in force until such

rules are made in this behalf under this Act.

9. Interpretation:- Except as otherwise provided, if any question arises

as to the interpretation of this Act or of the rules made there under or rules



7

referred to in Section 8, the matter shall be referred to the State Government and

their decision shall be final.

10. Repeal:- The Orissa Legislative Assembly Member Salaries and

Allowances Act, 1938 is hereby repealed.