Chief Whips of the Legislature Parties in the Assam Legislative Assembly (Facilities) Act, 2012

No: 14 Dated: May, 19 2012

THE CHIEF WHIPS OF THE LEGISLATURE PARTIES IN THE ASSAM LEGISLATIVE ASSEMBLY (FACILITIES) ACT, 2012

ASSAM ACT NO. XIV OF 2012

    An Act to provide facilities to the Chief Whips of the Legislature Parties in the Assam Legislative Assembly;

    Preamble:- Whereas it is expedient to provide for facilities to the Chief Whips of the Legislature Parties in the .Assam Legislative Assembly;

    It is hereby enacted in the Sixty-third Year of the Republic of India as follows:-

1. Short title and commencement:- (1) This Actmay Be .called the Chief Whips' of the Legislature Parties in the Assam Legislative Assembly (Facilities) Act, 2012.

(2) It shall come intoforce at once.

2. Definitions:- In this Act, unless the subject or context otherwise requires, -

(a) “Chief Whip” means the member of the Assam Legislative Assembly, who is for the tithe being the Chief Whip of the Ruling party and other party or parties in opposition in the House having the strength of minimum one-tenth of the total membership of the House and appointed by the respective party or parties and recognized as such by the Speaker ;

Explanation :- In calculating the one-tenth of the total Membership of the House any fraction arrived at shall be rounded off to the next higher figure

(b) “State Government” means the Government of Assam.

3. Notification to be the conclusive evidence of Chief Whipships:- The date on which any person became or ceased to be the Chief Whip shall be published in the Official Gazette and such notification shall be conclusive evidence of the fact that he became or ceased to be the Chief Whip on the date for all the purposes of this Act.

4. Facilities for Chief Whips:- The Chief Whips of the parties shall be entitled to the following facilities in .addition to the Salary and Allowances as a member of the Assam Legislative Assembly namely:-

(i) an office accommodation in the Assembly Secretariat Premises ;

(ii) .a Grade-1 Stenographer;

(iii) a Telephone with STD facility in his office;

(iv) a Peon:

Provided that such facilities shall not be provided to such Chief Whips, as the case may be, who -

(i) holds an office of Minister, Minister of State and Deputy Minister under the Assam Ministers', Ministers’ of State and Deputy Ministers’ Salaries and Allowances Act, 1958, as amended from time to time ; or

(ii) holds an office of the Leader of the Opposition under the Salary and Allowances of the Leader of the Opposition in the Assam Legislative Assembly Act, 1978, as amended from time to time ; or

(iii) is entitled to similar telephone and secretarial facilities by virtue of holding any office of, or representation in, a Legislative Committee.

5. Power to make rules:- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following the Assam Legislative Assembly agree jn making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall therefore have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.