THE AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY SPEAKER (SALARY, ALLOWANCES & PRIVILEGES) ACT, 1975.

 

CONTENTS

 

  1. Short title and commencement ……………  2
  2. Definitions.………………………………..       2-3
  3. Salary …………………………………….       3
  4. Equipment Allowance ……………………      3
  5. Allowance on taking up and laying

down the office……………………………      3-4

  1. Sumptuary Allowance…………………….      4
  2. Transport …………………………………       4
  3. Official Residence  ………………………       4-7
  4. Traveling Allowance for touring in

Azad Kashmir or Pakistan ………………      7-11

  1. Compensation in case of Accident ………    11
  2. Daily Allowance during halt …..…………       11-12
  3. Controlling Officer……………………….        12
  4. Traveling Allowance for tour abroad …..        12
  5. Medical Facilities ……………………….         12
  6. Leave ……………………………………         13
  7. Provident Fund ………………………….        13-14
  8. Charge Report …………………………..        14
  9. General ………………………………….         14-15
  10. Holidaying abroad ………………………         15
  11. Telephone ……………………………….        16
  12. Discretionary Grant ……………………..        16
  13. Power to make rules …………………….       16
  14. Repeal …………………………………..         16

THE AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY SPEAKER (SALARY, ALLOWANCES AND PRIVILEGES) ACT, 1975.

 

AN

ACT

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

 

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

 

It is hereby enacted as follows: -

1.         Short title and commencement: - (1) This Act may be called the Azad Jammu and Kashmir Legislative Assembly Speaker (Salary, Allowances and Privileges) Act, 1975.

(2) It shall come into force at once.

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

(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 and the provision of electricity, water and gas;

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

(f)     “prescribed” means prescribed by rules framed under this Act; and

(g)   “Speaker” means the Speaker of the Legislative Assembly of Azad Jammu and Kashmir.

(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 Speaker shall be [1][fourty eight 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.]

4.         Equipment Allowance: - The Speaker may draw a sum of [3][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 as Speaker, Prime Minister or a Minister.]

5.         Allowance on taking up and laying down the office: - (1) The Speaker 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:  The Speaker shall be entitled to receive sumptuary allowance at the rate of [4][tweleve thousand] rupees per mensem.

[5][7.      Transport: - The Speaker shall be entitled to the use of two official [6][vehicles] maintained at the Government expense [7][both for official and family purpose] throughout his term and for a period of fifteen days immediately thereafter.]

8.         Official Residence: - [8][(1) The 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 rupees one lac in case of a building reserved for this purpose at the first term and rupees [9][one lac] for any subsequent term.]

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

(3) Where a Speaker chooses to reside, -

i)                    in his own house; or

ii)                  in a rented house,[11][  ] he may be paid a monthly sum of Rs. [12][fifty five thousand]  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.

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

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

(a)  [13][business class] air fare paid for himself;

(b)  cost of transporting personal luggage up to 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 of Pakistan, 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

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

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

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

(a)    requisition at the cost of Government: -

[14][(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 and]

(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) The 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 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)   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 the 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 [15][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.

10.       [16][Compensation in case of Accident: -]

11.      Daily Allowance during halt: - The Speaker, while on tour shall be entitled to draw an allowance [17][three thousand] 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; and

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

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

Explanation: -

            For the purposes of this section: -

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

(ii) a halt or 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: - The Speaker shall be his own controlling officer for purposes of traveling allowance including the journey undertaken outside his jurisdiction in the discharge of his official duties.

12.             Traveling Allowance for tour abroad: - The Speaker traveling on official business, outside Pakistan shall be entitled to [19][first class air fare and] such allowance as may be specified by Government.

14.       [20][Medical Facilities: - The 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 Speaker residing permanently or temporarily outside Azad Jammu and Kashmir shall be entitled to receive,-

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

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

15.             Leave: - (1) The [21][President] may, grant to the 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 Speaker shall be [22][thirty seven thousand] rupees per mensem.

16.             Provident Fund: - (1) The Speaker may, at his option, become a 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 applicable to Azad Kashmir Government Servants.

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

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

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

(3) When the 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 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 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 Speaker.

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

(2) When the Speaker is holidaying abroad and draws his pay in foreign currency, he 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 the Speaker he shall not be eligible to receive foreign exchange allocation from the State Bank of Pakistan in any other capacity.

20.             Telephone: - The Speaker shall be entitled at Government expense, to the use of 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 telephone facility while on tour where such facility is available:

[23][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.]

21.              Discretionary grant: - A sum of Rs. [24][five] lac per annum shall be placed at the disposal of the Speaker for making 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 Legislative Assembly Speaker (Salary, Allowances and Privileges) Act, 1971 (Act IV of 1971) and the Azad Jammu and Kashmir Legislative Assembly Speaker (Salary, Allowances and Privileges) Ordinance, 1975 (Ordinance XXIX of 1975) are hereby repealed.

 



[1] Substituted by Act IV of 2014.

[2] Inserted by Act VIII of 2007.

[3] Substituted by Act VIII of 2007.

[4] Substituted by Act VIII of 2007.

[5] Substituted by Act III of 2003.

[6] Substituted by Act IV of 2014.

[7] Inserted by Act XIII of 2003.

[8] Substituted by Act IX of 1986.

[9] Substituted by Act III of 1990.

[10] Substituted by Act IV of 2014.

[11] Omitted by Act IV of 2014.

[12] Substituted by Act IV of 2014.

[13] Substituted by Act VII of 1995.

[14] Substituted by Act VII of 1995.

[15] Substituted by Act VIII of 2007.

[16] Omitted by Act III of 1994.

[17] Substituted by Act IV of 2014.

[18] Inserted by Act IV of 2014.

[19] Inserted by Act VII of 1995.

[20] Substituted by Act II of 2017.

[21] Substituted by Act VII of 1995.

[22] Substituted by Act III of 2003.

[23] Inserted by Act III of 2003.

[24] Substituted by Act VII of 1995.