THE SALARIES AND ALLOWANCES OF LEADERS OF OPPOSITION IN THE STATE LEGISLATURE ACT, 1985

English — official source version

salaries_and_allowances_of_leader_of_opposition_in_the_state_legislature_act,_1985.pdf.txt

SALARIES AND ALLOWANCES OF
LEADERS OF OPPOSITION IN THE STATE

LEGISLATURE ACT, 1985

(Act No. XVI of 1985)





THE SALARIES AND ALLOWANCES OF LEADERS OF
OPPOSITION IN THE STATE LEGISLATURE ACT, 1985

(Act No. XVI of 1985)

CONTENTS

SECTION.

1. Short title and commencement.

2. Definition.

3. Salary of Leaders of Opposition.

4. Residence for Leaders of Opposition.

5. Travelling and Daily Allowances to Leaders of Opposition.

6. Medical Treatment etc. to  Leaders of Opposition.

7. Leaders of Opposition not     to draw Salary and Allowances as member
of Legislature.

8. Amenities  to Leaders of Opposition.

9. Notification respecting the  date on which persons became or ceased to
be Leaders of Opposition to be conclusive evidence thereof.

10. Power to make rules.

 ––––––––––

SALARIES AND ALLOWANCES OF LEADERS OF OPPOSITION 439
IN THE STATE LEGISLATURE ACT, 1985



THE SALARIES AND ALLOWANCES OF LEADERS
OF OPPOSITION IN THE STATE LEGISLATURE

ACT, 1985

(Act No. XVI of 1985)

[Received the assent of the Governor on 9th October, 1985, and
published in the Government Gazette dated 15th October, 1985.]

An Act to amend the laws governing the Salary and Allowances of
Leaders of opposition in the Jammu and Kashmir State Legislature.

Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-
Sixth Year of the Republic of India as follows :—

1. Short title and commencement.—(1) This Act may be called the
Salary and Allowances of Leaders of Opposition in the State Legislature
Act, 1985.

1[(2) It shall come into force on such date as the Government may, by
notification in the *[Government Gazette], appoint].

2[2. Definition.–– In this Act, ‘Leader of the Opposition’ means that
Member of the Legislative Assembly of the Union territory of Jammu and
Kashmir, who is for the time being, the Leader of the party in opposition to
the Government having at least a strength equal to the quorum fixed to
constitute a siting of the House and recognised as such by the Speaker of the
Legislative Assembly.

Explanation.—Where there are two or more parties in opposition to the
Government, in the Legislative 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 section and such recognisation shall be final and
conclusive.]

3[3. Salary of Leaders of Opposition.—4[Leader of the Opposition]
shall be entitled to such salary as is admissible to a Minister  under section

SALARIES AND ALLOWANCES OF LEADERS OF OPPOSITION 441
IN THE STATE LEGISLATURE ACT, 1985

1. Enforced w.e.f. 26th January, 1986 vide SRO-64 dated 22-01-1986.
* Now Official Gazette.
2. Section 2 substituted by S.O. 1229(E) dated 31.03.2020.
3. Section 3 substituted by Act IV of 2003, s. 2, w.e.f. 18-11-2002.
4. Substituted for “Each Leader of the Opposition” by S.O. 1229(E) dated 31.03.2020.



442 SALARIES AND ALLOWANCES OF LEADERS OF OPPOSITION
IN THE STATE LEGISLATURE ACT, 1985

3 of the Jammu and Kashmir Minister’s and Ministers of State Salaries Act,

1956].

4. Residence for Leaders of Opposition.—(1) 1[Leader of the
Opposition] shall, so long as he continues as such Leader and for a period
of fifteen days immediately thereafter, be entitled without payment of rent
to the use of a furnished residence and no charge shall fall on the Leader of
the Opposition personally in  respect of the maintenance of such residence.

(2) In the event of the death of 2[Leader of the Opposition], his family
shall be entitled to the use of the furnished residence occupied by him for a
period of fifteen days immediately after his death, without payment of rent
and no charge shall fall on his family in respect of the maintenance of such
residence.

Explanation.—For the purposes of this section,  “residence” includes the
staff quarters and other buildings, appurtenant thereto, and
the garden thereof, and “maintenance” in relation to a
residence includes the payment of taxes and the provisions
of electricity and water.

5. Travelling and Daily Allowances to Leader of Opposition.— Subject
to any rules made in this behalf by the Government, 2[Leader of the
Opposition] shall be entitled to—

(a) travelling allowances for himself and the members of his family
and for transport of his and his family’s effect—

(i) in respect of the journey to the headquarters of the
Government from his usual place of residence outside such
headquarters for assuming office ; and

(ii) in respect of the journey from the headquarters of the
Government to his usual place of residence outside such
headquarter on relinquishing office ; and

(b) travelling and daily allowances in respect of tours undertaken by
him in the discharge of his duties as Leader of the Opposition,
whether by land or air.

1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Each Leader of the Opposition”.
2.Substituted ibid for “a Leader of the Opposition”.



SALARIES AND ALLOWANCES OF LEADERS OF OPPOSITION 443
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6. Medical treatment etc. to Leader of Opposition.—Subject to any
rules made in this behalf by the Government, 1[Leader of the Opposition]
and the members of his family shall be entitled free of charge to
accommodation in the hospitals maintained by the Government and also to
medical treatment.

7. Leader of Opposition not to draw salary and allowances as Member
of Legislature.–– No Leader of the Opposition in receipt of a salary or
allowance under this Act, shall be entitled to receive any sum out of funds
provided by the Legislature by way of salary or allowances in respect of his
membership of 2[either House of the Legislature].

8. Amenities to Leaders of Opposition. ––(1)  Subject to any rules
made in this behalf by the Government, 3[Leader of the Opposition] shall be
entitled to telephone and secretarial facilities.

(2)  Subject to any rules made in this behalf by the Government such
Leader of the Opposition shall be entitled to a conveyance allowance of one
thousand rupees per month.

9. Notification respecting the date on which person became or ceased
to be Leader of Opposition to be conclusive evidence thereof.–– The date
on which any person became or ceased to be 1[Leader of the Opposition]
shall be published by the Speaker 4[x x x x] in the *[Government Gazette],
and any such notification shall be conclusive evidence of the fact that he
became, or ceased to be, 1[Leader of the Opposition] on that date for all the
purposes of this Act.

10. Power to make rules. ––(1) The Government may, by notification
in the *[Government Gazette], make rules for carrying out the purposes of
this Act.

(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :—

(a) the travelling and daily allowances admissible to 1[Leader of the
Opposition] under section  5 ;

1. Substituted for “a Leader of the Opposition” by S.O. 1229(E) dated 31.03.2020.
2. Now Legislative Assembly of the Union territory of Jammu and Kashmir.
3. Substituted for “each Leader of the Opposition” by S.O. 1229(E) dated 31.03.2020.
4. Words “or the Chairman, as the case may be” omitted ibid.



444 SALARIES AND ALLOWANCES OF LEADERS OF OPPOSITION
IN THE STATE LEGISLATURE ACT, 1985

(b) the medical treatment admissible to 1[Leader of the Opposition]

and the members of his family under section 6 ;

(c) the telephone and secretarial facilities admissible to 1[Leader of
the Opposition] and the conditions subject to which he shall be
entitled to conveyance allowances under section 8 ;

2(3) Omitted.

–––––––

1. Substituted for “a Leader of the Opposition” by S.O. 1229(E) dated 31.03.2020.
1. Sub-section (3) omitted by S.O. 1229(E) dated 31.03.2020.