THE AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY DEPUTY SPEAKER (SALARY, ALLOWANCES & PRIVILEGES) ACT, 1986.

 

CONTENTS

 

  1. Short title and commencement ………………       3         
  2. Definitions.……………………………………         3-4     
  3. Salary …………………………………………        4

3-A Equipment Allowance ………………….…           4

  1. Allowance on taking up and laying

down the office……………………………. 4-5

  1. Sumptuary Allowance………………………           5
  2. Transport ……………………………………           5
  3. Official Residence  ………………………..            5-6
  4. Traveling Allowance for touring .………… 6-8
  5. Charge Report …………………………….            8
  6. Daily Allowance during halt …..………….  9
  7. Controlling Officer……………………........ 10
  8. Medical Facilities ………………………….            10
  9. Leave ……………………………………….           10
  10. General …………………………………….            10-11
  11. Discretionary Grant ………………………..            11
  12. Telephone ………………………………….            11-12
  13. Tour abroad ………………………………..            12
  14. Holidaying abroad …………………………           12
  15. Rules ………………………………………..           12

THE AZAD JAMMU AND KASHMIR DEPUTY SPEAKER (SALARY, ALLOWANCES AND PRIVILEGES) ACT, 1986.

 

AN

ACT

to provide for the salary, allowances and privileges of the Deputy Speaker of the Azad Jammu and Kashmir Legislative Assembly.

 

WHEREAS it is expedient to provide for the salary, allowances and privileges of the Deputy Speaker of the Azad Jammu and Kashmir Legislative Assembly;

It is hereby enacted as follows: -

1.         Short title and commencement: - (1) This Act may be called the Azad Jammu and Kashmir Legislative Assembly Deputy Speaker (Salary, allowances and privileges) Act, 1986.

(2) It shall come into force at once and shall be deemed to have taken effect on and from the 15th day of June 1985.

2.                 Definitions: - (1) In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say. -

(a)   “Constitution” means the Azad Jammu and Kashmir Interim Constitution Act, 1974;

(b)   “Deputy Speaker” means the Deputy Speaker of the Azad Jammu and Kashmir Legislative Assembly;

(c)   “family” means the wife and children residing with and wholly dependent upon the Deputy Speaker;

(d)   “Government” means the Azad Government of the State of Jammu and Kashmir;

(e)  “maintenance” in relation to a residence includes the payment of local rates, taxes and the provision of electricity and water; and

(f)     “official residence” means the house reserved from time to time for residence of the Deputy Speaker and includes out-houses and gardens appurtenant thereto.-

(2) Words and expressions used but not defined in this Act shall have the same meanings as are assigned to them in the Constitution.

3.                  Salary: - (1)The salary of the Deputy Speaker shall be [1][thirty five thousand] rupees per mensem.

[2][(2) The salary mentioned in sub-section (1) shall stand increased automatically at par with and equal to the increase in the salary of the civil servants as and when such increase is made by the Government.]

[3][3.A. Equipment Allowance: - The Deputy Speaker may draw a sum of [4][ten thousand] rupees as equipment allowance on his appointment as such:

Provided that no such allowance was received by him during the life time of the Assembly on appointment as a Speaker or a Minister.]

4.                  Allowance on taking up and laying down the office: - (1) The Deputy Speaker shall be entitled to claim actual expenses to the extent mentioned below from his ordinary place of residence to the seat of Government on taking up office and from the seat of Government to his ordinary place of residence on laying down office: -

(a)               Actual traveling expenses for himself and his family;

[5][(b) Cost of transporting personal servants not exceeding two by the lowest class of accommodation; and

(c)  Cost of transporting household effects not exceeding one hundred and twenty maunds by goods train, steamer or other craft excluding aircraft and his personal car, if any.]

(2) No claim shall lie for any travel or transportation not preformed within six months of the date of taking up or laying down office, as the case may be.

5.                  Sumptuary Allowance:  The Deputy Speaker shall be entitled to receive sumptuary allowance at the rate of [6][ten] thousand rupees per mensem.

6.                 Transport: - The Deputy Speaker shall be entitled, to the use of [7][two official cars] maintained at Government expense [8][both for official and family purpose] throughout his term of office.

[9][7.      Official Residence:- (1) The Deputy Speaker shall be  entitled, without payment of rent, to the use of an official residence, including accommodation on tour throughout his term of office, and for a period of fifteen days immediately thereafter, and the charges for its maintenance including electricity and gas charges shall be borne by Government. The residence shall be furnished by Government at a cost not exceeding one hundred thousand rupees.

(2) If, at the time of entering upon office, an official residence is not available, the Deputy Speaker shall, until such residence is provided by Government, be paid the actual expenditure incurred by him on furnished accommodation for himself and his family, subject to a maximum of [10][twenty five thousand] rupees per month.

(3) Where the Deputy Speaker chooses to reside, -

(i)     in his own house; or

(ii)   in a rented house,[11][          ] he may be paid a monthly sum of [12][fifty five thousand] rupees in lieu of the official furnished accommodation and to cover all expenses on its maintenance. The charges for consumption of electricity and gas in respect of the said house shall be borne by Government.

8.                  Traveling Allowance for touring: - (1) Subject to the provisions made hereinafter, the Deputy Speaker traveling on official duty shall be treated as a First Grade Officer.

(2) The Deputy Speaker may, if the public interest so demands, travel by air, in which case he shall be entitled to: -

(a) Business class air fare paid for himself;

(b) cost of transporting personal luggage upto one hundred pounds, inclusive of the free allowance given by the air company;

(c)  take with himself his wife whether traveling by a commercial aeroplane or by a requisitioned aeroplane;

(d) cost of transporting upto two personal servants by the lowest class of accommodation by rail or steamer;

(e) carriage of personal luggage by rail or steamer, subject to a maximum of three maunds; and

(f)    claim the actual premium paid for insuring himself for the air journey for an amount not exceeding one hundred thousand rupees.

(3)    Wherever possible, the Deputy Speaker shall purchase return air ticket.

(4)    The Deputy Speaker, when traveling on duty by rail in Pakistan, shall be entitled to: -

(a) requisition at the cost of Government: -

(i)         An ordinary first-cum-second class carriage or a ‘B’ class tourist car or an ‘A’ class tourist car, if a ‘B’ class tourist car is not available; or

                                                           (ii)    If the vehicles specified at (i) above are not available, or are not desired, an ordinary four berthed first class compartment or a two berthed air-conditioned (coupe) compartment;

(b)   take with himself in the reserved accommodation without payment of any fare, his family members not exceeding four when traveling in a requisitioned railway compartment;

(c)   take with himself upto two personal servants, by the lowest class of accommodation available; and

(d)   the carriage of personal luggage upto three maunds when traveling by a railway compartment or upto six maunds when traveling by a requisitioned railway saloon.

(5) The Deputy Speaker reserving accommodation in the railway shall be required, before beginning the journey, to have the number and other details of the tickets purchased for the persons traveling with him in the reserved accommodation entered on the requisition form by the Station Master of the Station from which the Journey is to commence.

(6) The Deputy Speaker, when traveling on duty in Pakistan by steamer, or a launch, shall be entitled to: -

(a)   draw the actual fare paid for himself;

(b)   taken with him upto two personal servants by the lowest class of accommodation available; and

(c)   the carriage of personal luggage upto three maunds.

(7) When the Deputy Speaker travels on duty in the public interest, by road between places connected by Railway and chooses to forego the privileges granted under sub-sections (4) and (6), he may, where the journey is performed in a vehicle not owned or maintained by Government, draw: -

(a)   traveling allowance at the rate of [13][five rupees] per kilometer for his own journey by road; and

(b)   actual expenses of the transport of -

(i)  two private servants; and

(ii) all his personal luggage, including stores carried for consumption on tour.

9.                 Charge Report: - The Deputy Speaker shall not be required to sign a charge report on taking up office as Deputy Speaker or on laying down that office.]

10.             Daily Allowance during halt: - The Deputy Speaker, while on tour, shall be entitled to draw an allowance of [14][one thousand] for the duration of his halts on tour:

Provided that: -

(a)    in respect of a place of halt,  one-half daily allowance shall be admissible for,-

                                                                             (i)      the day of arrival;

                                                                           (ii)      the day of departure; and

                                                                         (iii)      the day of the arrival and departure, if the Deputy Speaker arrives and departs on the same day; and

                                                                   (iv)      [15][While on tour, if accommodation is not available in the rest house and the Deputy Speaker stays in a hotel, he shall be paid the actual room rent on production of proper receipt.]

(b)    for such continuous halt on tour exceeding ten days, daily allowance admissible for,-

                                                                      (i)      the first ten days shall be at the full rate;

                                                                    (ii)      the next twenty days or part thereof at three fourth of the full rate; and

                                                                  (iii)      the remaining period, at one half of the full rate.

Explanation: -

            A halt on tour shall be treated as continuous unless terminated by an absence at a distance from the halting place exceeding eight kilometers, for a period not less than seven nights.

11.             Controlling Officer: - The Speaker shall, for the purposes of traveling allowance, be the controlling officer of the Deputy Speaker.

[16][12.    Medical Facilities: - (1) The Deputy Speaker residing in Azad Jammu and Kashmir  shall be entitled for himself and his family free indoor as well as outdoor medical  facilities inside the country and abroad of the standard admissible to a Class 1  officer of the Government. However he and his family shall be entitled to medical attendance at his residence.

 (2) The Deputy Speaker residing permanently or temporarily outside Azad Jammu and Kashmir shall be entitled to receive,-

(a)   in case of hospitalization in a government hospital, the actual expenditure incurred by him; or

(b)   in case the facility under clause (a) is not available or in emergency, the actual expenditure incurred by him in a private hospital, duly verified by the Deputy Speaker:]

13.             Leave: - (1) The Prime Minister may grant to the Deputy Speaker during his term of office, at any one time, or from time to time, leave of absence for urgent reasons of health or private affairs for a period not exceeding three months in the aggregate.

            (2) The leave allowance of the Deputy Speaker shall be [17][thirty five thousand] rupees per mensem.

14.       General: - (1) All reasonable precautions shall be taken to see that the official residence and furniture provided to the Deputy Speaker by Government are used with the same care with which a person’s own property is taken care of.

(2) All furniture and furnishings provided in an official residence shall be marked by the Public Works Department for the purposes of identification.

(3) When the Deputy Speaker occupies an official residence, it shall be the duty of the officer concerned of the Said Department to hand over charge of the furniture and furnishings in that residence to the Deputy Speaker or to a person authorized by him in writing according to an inventory to be drawn up and signed by such officer.

(4) When the Deputy Speaker is about to vacate the official residence, he shall inform the officer concerned of the Said Department and shall arrange that the furniture and furnishings of the official residence are handed over to that officer according to an inventory to be drawn up and signed.

(5) The officer concerned of the Said Department may, from time to time inspect an official residence, its furniture and furnishings with the prior approval of the Deputy Speaker.

[18][15.    Discretionary grant: - An amount of rupees [19][three hundred thousand] shall be placed at the disposal of the Deputy Speaker per annum for making discretionary grants in such manner as may be prescribed.

16.             Telephone: - The Deputy Speaker shall be entitled at Government expense to the use of [20][two telephones] at his office and two telephones at his residence both for official or private use throughout the term of his office and for a period of fifteen days immediately thereafter. He will also be entitled to free telephonic facility while on tour where such facility is available:

[21][Provided that the liability of Government in respect of the two telephones installed at the residence shall not exceed the amount equal to ten thousand local calls collectively for both the telephones.]

[22][17. Tour abroad: - The Deputy Speaker traveling on official business outside Pakistan shall be entitled to First class air fare and such allowance as may be specified by Government.

18.             Holidaying abroad: - (1) The Deputy Speaker may, while holidaying abroad, draw his full pay in foreign currency for the period of holiday spent abroad.

(2) The Deputy Speaker who draws his pay in foreign currency while holidaying abroad, shall not be liable to pay income-tax, provident fund subscription etc., in foreign currency if he makes arrangement to pay such amount in rupees in Pakistan.

(3) The expenditure in foreign exchange involved under this Act shall be adjusted against the foreign exchange allocation placed at the disposal of the Government for each relevant shipping period.

(4) Where the pay is drawn in foreign currency by the Deputy Speaker, he shall not be eligible to receive foreign exchange allocation from the State Bank of Pakistan in any other capacity.

19.       Rules: - The Government may make rules to carry out the purposes of this Act.

 

                                     

 



[1] Substituted by Act VII of 2003.

[2] Inserted by Act IX of 2007.

[3] Added by Act VI of 1995.

[4] Substituted by Act IX of 2007.

[5] Substituted by Act IX of 2007.

[6] Ibid

[7] Ibid

[8] Inserted by Act XV of 2003.

[9] Substituted by Act VI of 1995.

[10] Substituted by Act IX of 2007.

[11] Deleted by Act IX of 2007.

[12] Substituted by Act V of 2014.

 

[13] Substituted by Act IX of 2007.

[14] Substituted by Act IX of 2007.

[15] Inserted by Act V of 2014.

[16] Substituted by Act III of 2017.

[17] Substituted by Act VII of 2003.

[18] Added by Act IV of 1990.

[19] Substituted by Act VI of 1995.

[20] Ibid.

[21] Substituted by Act VII of 2003.

[22] Added by Act VI of 1995.