Leaders of Opposition in Maharashtra Legislature Salaries and Allowances Act, 1978
No: 8 Dated: Apr, 13 1978
THE LEADERS OF OPPOSITION IN MAHARASHTRA LEGISLATURE SALARIES AND ALLOWANCES ACT, 1978
ACT No. VIII OF 1978
An Act to provide for salaries and allowances of Leaders of Opposition in Maharashtra State Legislature
Whereas, it is expedient to provide for determination of the salaries and allowances of the Leaders of Opposition in the Maharashtra State Legislature and for certain other matters hereinafter appearing;
It is enacted in the Twenty-Ninth Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Leaders of Opposition in Maharashtra Legislature Salaries and Allowances Act, 1978.
(2) It shall, be deemed to have come into force on the 27th March, 1978.
2. Definition. - In this Act, "Leader of the Opposition" in relation to either House of the State Legislature means that member of the State Legislature Assembly or the State Legislature Council as the case may be who is for the time being the Leader in that House of the party in opposition to the State Government having the greatest numerical strength and recognised as such by the Speaker of the Assembly or the Chairman of the Council as the case may be.
Explanation.- Where there are two or more parties in opposition to the State Government in the Assembly or in the Council having the same numerical strength, the Speaker of the Assembly or the Chairman of the Council as the case may be 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 purposes of this Act, and such recognition shall be final and conclusive.
3. Salary of Leaders of Opposition. - There shall be paid to each Leader of the Opposition a salary Rs. 10,000 per month.
3A. Sitting allowance to Leaders of Opposition. - Each Leader of Opposition shall be entitled to sitting allowance at the rate Rs. 500 per day throughout his term of office as such Leader of Opposition.
4. Residence of Leaders of Opposition. - (1) Each 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 in Bombay, or in lieu of such residence a house allowance at the rate of Rs. 10,000 per month and in addition a sum equal to the electricity charges and water charges, if any, paid by him for his place of residence in Bombay (being a place other than the place of residence provided under this Act by the State Government).
(2) No charge shall fall on the Leader of the Opposition personally in respect of the maintenance of and residence provide under this section.
(3) The expenditure on furnishing the residence provided under this section shall be on such scale as the State Government may by rules or orders determine.
(4) Where a house allowance and other sum are payable under sub-section (1) to a Leader of the Opposition, then save as otherwise provided by or under this Act, the State Government shall not incur any expenditures, or the Leader of the Opposition shall not be entitled to any payment for, additions, alterations, maintenance, repairs or for doing anything whatsoever in respect of his place of residence.
4A. Sumptuary allowance to Leaders of Opposition. - There shall be placed at the disposal of each Leader of Opposition, a sumptuary allowance of three lakh rupees per annum.
5. Conveyances for Leaders of Opposition. - (1) The State Government-may from time to time for the use of each Leader of the Opposition, purchase and provide a motor car and other suitable conveyances upon such conditions as regards its maintenance and repairs as may be determined by rules or orders made in this behalf. The State Government may also provide free of charge the services of a chauffeur for the car or conveyance so provided.
(2) There shall be paid to each Leader of the Opposition a conveyance allowance at such rate per month as may be prescribed by rules made in that behalf.
6. Travelling and daily allowance and residential accommodation at places other than headquarters. - Subject to any rules or orders made in this behalf by the State Government, each Leader of the Opposition shall be entitled to -
(a) travelling allowance for himself and the members of his family, and for the transport of his and his family's effects,
(i) in respect of the journey to Bombay from his usual place of residence outside Bombay for assuming office; and
(ii) in respect of the journey from Bombay to his usual place of residence outside Bombay on relinquishing office; and
(b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his duties as the Leader of the Opposition, and suitable residential accommodation at places visited by him on such tours.
Explanation.- The expression "Bombay" includes any other place appointed by the State Government for the purposes of this section.