AZAD JAMMU AND KASHMIR MINISTERS (SALARIES, ALLOWANCES & PRIVILEGES) ACT, 1975.

 

CONTENTS

 

1.      Short title and commencement ……………… 3         

2.      Definitions.……………………………………               3-4

3.      Salary …………………………………………              4

4.      Equipment Allowance ………………………..              4-5

5.      Allowance on taking up and laying

down the office ……………………………….. 5

6.      Sumptuary Allowance………………………… 5-6

7.      Transport ……………………………………… 6

8.      Official Residence  ……………………………            6-7

9.      Traveling Allowance for touring

in Azad Jammu and Kashmir or Pakistan….….          7-10

10. Compensation in case of Accident ……………          10

11. Daily Allowance during halt …..……………… 10-11

12. Controlling Officer……………………………               11

13. Traveling Allowance for Tour Abroad ………  11

14. Medical Facilities ……………………………..             11

15. Leave ………………………………………….             11

16. Personal Staff ………………………………… 11

17. Provident Fund ……………………………….              11-12

18. General ……………………………………….              12-13

19. Holidaying abroad ……………………………             13

20. Telephone …………………………………….              13-14

21. Discretionary Grant …………………………..              14

22. Power to make Rules …………………………            14

23.  Repeal ………………………………………..              14


 

THE AZAD JAMMU AND KASHMIR MINISTERS (SALARIES, ALLOWANCES & PRIVILEGES) ACT, 1975.

 

AN

ACT

 to provide for the salaries, allowances and privileges of the Ministers of the Azad Jammu and Kashmir;

 

WHEREAS it is expedient to provide for the salaries, allowances and privileges of the Ministers of the Azad Jammu and Kashmir, in the manner hereinafter appearing;

 

It is hereby enacted as follows: -

1.         Short title and commencement: - (1) This Act may be called the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privileges) Act, 1975.

(2) It shall come into force at once.

2.         Definitions: - (1) In this Act, unless the Context otherwise requires: -

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

(b)   “family” means the wife and children residing with and wholly dependent upon a Minister;

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

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

(e)   “Minister” means a minister appointed under the constitution and includes the [1][Prime Minister, Advisors and Special Assistants] to President or Prime Minister;]

(f)     “official residence” means the house reserved from time to time for residence by a Minister and includes out-houses and gardens appurtenant thereto; and

(g)   “prescribed” means prescribed by rules framed under this Act.

(h)   [2][“Ex-Minister” means and includes the person who has been Prime Minister, Minister, Advisor and Special Assistants to President or Prime Minister.]

(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][3.      Salary: - (1) The salary of the Prime Minister and that of a Minister shall respectively be [4][thirty nine thousand] rupees and [5][thirty five thousand] rupees per mensem.]

[6][(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.]

[7][4.      Equipment Allowance: - The Prime Minister and a Minister may draw a sum of [8][thirty thousand] rupees and [9][ten thousand] rupees respectively as equipment allowance on their appointment as such:

Provided that no such allowance was received by him during the life-time of the Assembly on appointment as a President, Speaker, Prime Minister or a Minister:

[10][Provided that no such allowance was received by him during the life-time of the Assembly on appointment to a diplomatic post, or as a President, Speaker, Prime Minister or a Minister:]

5.         Allowance on taking up and laying down the office: - (1) A Minister shall be entitled to claim actual expenses to the extent mentioned below from his ordinary place of residence to the seat of Government and from the seat of Government to his ordinary place of residence on taking up or laying down office, as the case may be.-

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

(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 of 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.

6.         Sumptuary Allowance: - (1) The Prime Minister shall be entitled to receive sumptuary allowance at the rate of [11][twenty thousand] rupees per mensem.

(2) A Minister shall be entitled to receive Sumptuary Allowance at the rate of [12][ten thousand] rupees per mensem.

7.         Transport: - A Minister shall be entitled to the use of official cars maintained at Government expenses [13][both for official and family purpose] throughout his term of office and for a period of fifteen days immediately thereafter, provided that the Prime Minister may withhold this facility to a Minister who is removed from his office on the ground of misconduct or misbehaviour.

[14][7-A. Any person who has been the elected Prime Minister of Azad Jammu and Kashmir under AJ&K Interim Constitution Act, 1974, shall be entitled to use an official car, services of a driver/gun man and fuel consumption of 400 litters per mensem at Government expense.]

8.         Official Residence: - [15][(1) The Minister 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 the electricity and gas charges shall be borne by the Government. The residence shall be furnished by the Government at a cost not exceeding two hundred thousand rupees, in case of building reserved for this purpose at the first term and rupees one hundred thousand for any subsequent term:

Provided that the furnishing cost in the case of Prime Minister shall not exceed rupees five hundred thousand.]

(2) If at the time of an entering upon office, an official residence is not available, a Minister 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 [16][fifty five thousand] rupees per mensem.

[17][(3) Where a Minister chooses to reside, -

i)   in his own house; or

ii) in a rented house, he may be paid a monthly sum of [18][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.]

[19][8-A  Any person who has been the elected Prime Minister of AJ&K under AJ&K Interim Constitution Act, 1974, shall be entitled to the use of an official residence:

                        Provided that in case of non-availability of official residence, Ex-Prime Minister shall be paid monthly house rent not exceeding Rs. 25000/-.]

9.         Traveling Allowance for touring in Azad Kashmir or Pakistan: - (1) Subject to the provisions made hereafter, a Minister traveling on official duty shall be treated as a First Grade Officer.

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

(a)   [20][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)   requisition, at the cost of Government, if he considers it necessary in the public interest, a Pakistan Air Force aeroplane or an aeroplane belonging to Government subject to availability; and in accordance with the rules made by the Federal Government or the Provincial Government, as the case may be;

(d)   take with himself his wife whether traveling by a commercial aeroplane or by a requisitioned aeroplane:

Provided that no non-official shall be allowed to travel in a Pakistan Air Force aeroplane without the authority of the Ministry of Defence;

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

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

(a)   claim the actual premium paid for insuring himself for the air journey for an amount not exceeding one lac rupees.

(3) Wherever possible a Minister shall purchase return air ticket.

(4) A Minister, when traveling on duty by rail in Azad Kashmir or 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 or saloon;

(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) A Minister 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) A Minister, when traveling on duty in Azad Kashmir or Pakistan by steamer or launch, shall be entitled to: -

(a)   draw the actual fare paid for himself;

(b)   take 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 a Minister 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 [21][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.

[22][10.   Compensation in case of Accident: -]

11.      Daily Allowance during halt: - A Minister, while on tour shall be entitled to draw an allowance of [23][one thousand] rupees per day for the duration of his halts on tour:

Provided that in case of halt for less than eight hours one-half daily allowance shall be admissible:

Provided further that 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;

(iii) the remaining period, at one-half of the full rate; and

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

Explanation: -

            For the purpose of this section. -

(a)   time spent on journey shall be included in the halt; and

(b)   a halt on tour shall be treated as continuous unless terminated by an absence at a distance from the halting place exceeding five miles, for a period not less than seven nights.

12.      Controlling Officer: - A Minister shall be his own controlling officer for purposes of traveling allowances including the journey undertaken outside his jurisdiction in the discharge of official business.

13.      Traveling Allowance for tour abroad: - A Minister traveling on official business outside Pakistan shall be entitled to [25][first class air fare and] such allowance as may be specified by Government.

[26][14. Medical Facilities:- (1) A Minister or Ex-Minister 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 I Officer of the Government.  Moreover he and his family shall be entitled to medical attendance at his residence.

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

a)         a sum of rupees one thousand per month in lieu of ordinary medical facilities or original amount of purchased medicines;

b)         in case of hospitalization in government hospital, the actual                               expenditures incurred by him; or

c)         in case, the facility under clause (b) is not available , or of emergency, the  actual expenditures incurred by him in a private hospital, duly verified by the concerned Minister.

15.      Leave: - (1) The Prime Minister may grant to a Minister, 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.

[27][(2) The leave allowance of the Prime Minister and a Minster shall respectively be [28][thirty nine thousand] rupees and [29][thirty five thousand] rupees per mensem.]

16.      Personal Staff: - A Minister, except while on leave, shall be entitled to has such personal staff as may be sanctioned from time to time by Government.

17.       Provident Fund: - (1) A Minister may, at his option, become subscriber to the General Provident Fund, and if he so opts, he shall subscribe to the fund as a compulsory subscriber in accordance with the General Provident Fund Rules.

(2) A temporary advance may be granted to a Minister from the amount standing to his credit in the General Provident Fund at the discretion of Government for the purpose for which such advance may be granted to a subscriber under the said rules.

(3) The grant of a temporary advance under sub-section (2) shall unless the Government otherwise directs, be subject to the conditions to which an advance granted to a subscribed under the said rules is subject.

18.       General: - (1) All reasonable precautions shall be taken to see that the official residence, transport and furniture provided to a Minister 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 Building Department, Azad Jammu and Kashmir, for the purposes of identification.

(3) When a Minister 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 Minister or to a person authorized by him in writing according to an inventory to be drawn up and signed by such officer.

(4) When a Minister 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 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 Minister.

19.       Holidaying abroad: - (1) A Minister may, while holidaying abroad, draw his full pay in foreign currency for the period of holiday spent abroad.

(2) A Minister who draws 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 arrangements to pay such amount in rupees in Azad Kashmir.

(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 a Minister he shall not be eligible to receive foreign exchange allocation from the State Bank of Pakistan in any other capacity.

20.       Telephone: - A Minister shall be entitled at Government expenses to the use of two telephones at his office and two telephones at his residence both for official or private purposes 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:

                        [30][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:

                        Provided further that there shall be no calls limit in respect of telephones installed at official residence of the Prime Minister:

                        Provided further that the Prime Minister shall be entitled to one official telephone at his private residence, both for office and private use, subject to maximum of ten thousand local calls.]

21.       Discretionary grant: - A sum of [31][three hundred thousand rupees] [32][    ] per annum shall be placed at the disposal of the Prime Minister and a Minister   [33][   ] for making a discretionary grants in such manner as may be prescribed.

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

23.       Repeal: - The Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privileges) Ordinance, 1975 (Ordinance XXVIII of 1975) is hereby repealed.

 

 

 



[1]Inserted  by Act X of 2007.

[2] Ibid

[3] Substituted by Act X of 1986.

[4] Substituted by Act VI of 2003.

[5] ibid

[6] Inserted by Act X of 2007.

[7] Substituted by Act X of 1986.

[8] Substituted by Act X of 2007.

[9] Ibid.

[10] Inserted by Act X of 2007.

[11] Substituted by Act X of 2007.

[12] Substituted by Act X of 2007.

[13] Inserted by Act XIX of 2003.

[14] Added by Act III of 2004.

[15] Substituted by Act IX of 1995.

[16] Substituted by Act II of 2014.

[17] Substituted by Act X of 2007.

[18] Substituted by Act II of 2014.

[19] Added by Act III of 2004.

[20] Substituted by Act IX of 1995.

[21] Substituted by Act X of 2007.

[22] Omitted by Act X of 2007.

[23] Substituted by Act X of 2007.

[24] Inserted by Act IX of 1995.

[25] Inserted by Act IX of 1995.

[26] Substituted by Act 2017.

[27] Substituted by Act X of 1986.

[28] Substituted by Act VI of 2003.

[29] Ibid.

[30] Inserted by Act VI of 2003.

[31] Substituted by Act IX of 1995.

[32] Deleted by ibid.

[33] Ibid.