The M.P. Legislature Travelling Allowance Rules, 1957

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LEGISLATIVE HISTORY 6

These rules may be called the Madhya Pradesh Legislature Travelling Allowance Rules, 1957.
(1) In these rules, unless there is anything repugnant in the subject or context,-

(a) "Assembly" means the Madhya Pradesh Legislative Assembly;

(b) "Day" means a calendar day beginning and ending at midnight;

(d) "Place of meeting" means Bhopal or other place which may be fixed for a meeting;

(e) "Place of residence" means the usual place of residence of a member as registered in the Legislative Assembly Secretariat, if such place is in Madhya Pradesh, and if the usual place of residence of a member lies outside Madhya Pradesh, any other place within Madhya Pradesh nearest to the usual place of residence that may be named by the member;

(f) "Residence of member" means the house in which a member resides at his place of residence or at the place of the meeting, as the case may be;

(g) "Days of sitting of a Committee" means the day or days of actual sitting and one day immediately before and immediately after such day or days of sitting;

[(h) "Principal Secretary" means the Principal Secretary of the Madhya Pradesh Legislative Assembly and included any other officer of the Vidhan Sabha as may be authorised by the Speaker for the purposes of these rules.]

(2) Terms and expressions not defined in these rules but defined in the Madhya Pradesh Legislative Assembly Members (Salaries and Allowances) Act, 1956 (IV of 1957), shall have the meanings assigned to them in the said Act.

[(1) If-

(i) the place of residence of a member is at a distance of more than 8 kilometers from the place of meeting and the place of residence is not connected by rail or by road on which State Transport Undertaking operates; or

(ii) the place of meeting is a place which is not connected by rail or road on which Madhya Pradesh State Transport Undertaking operates,

the member shall be entitled to travelling allowance at the rate of [50] paise per kilometre-

(a) in the case of (i) above for journey from the place of his residence to the nearest rail head or the nearest bus stop of the State Transport Undertaking and the return journey therefrom;

(b) in the case of (ii) above for journey from the nearest rail head or the nearest bus stop of the Madhya Pradesh State Transport Undertaking of such place of meeting to the place of meeting and the return journey therefrom.

(1-A) If the place of residence of a member is at a distance of more than 8 kilometres from Bhopal and the member for the purpose of attending the session or a meeting at Bhopal-or for going back to his place of residence therefrom performs journey in his own motor car, he shall, for the journey performed, be entitled to travelling allowance at the rate of [6 rupees] per kilometre.

Explanation.-For the purpose of this sub-rule, "his own motor car" means motor car having registration in the name of the member under the Motor Vehicles Act, 1939 (IV of 1939)].

[(1-AA) If the place of residence of a member is at a distance of more than 8 kilometers from the place of session or meeting of a committee and the member travels by air for the purpose of attending the session or meeting of some committee from the nearest airport of his place of residence to the place of session or meeting, then he shall be entitled to [reimbursement of the air fare of such journey both ways] :

Provided that the member shall submit the counter foil of the air ticket and in case the counter foil is lost or passes to some unauthorised person, he shall have to produce a certificate in respect of relevant journey by aeroplane of Indian Air Lines.]

[1-AAA) Every member, who performs journey of the nature referred to in sub-section (2) of Section 5-B of the Act, shall be entitled to reimbursement of the air-fare of such journey both ways to the extent of an amount equal to two times of the air conditioned sleeper coach rail fare :

Provided that the total expenditure on the journey performed by the member, outside the State by rail under Section 5-A and the journey performed by air outside the State under sub-section (2) of Section 5-B of the Act shall not exceed the amount equal to two times of the air conditioned sleeper coach rail fare for six thousand kilometres in a financial year :

Provided further-

(i) that the member shall submit the counter-foil of the air ticket and in case the counter-foil is lost or passed to some unauthorised person, he shall have to produce a certificate in respect of relevant journey by Aeroplane of the Indian Air Lines or travel agency, as the case may be;

(ii) that the member claiming reimbursement under this sub-rule shall submit a declaration in the following form, namely :-

Declaration

I, ........ hereby declare that I have not already claimed travelling allowance in respect of the journey and for period for which travelling allowance has been claimed in this bill and such journey was necessary to discharged my duties as a member.

........................... Signature of the member.

Dated................

(iii) if the member performs the journey by air outside the State under sub-section (2) of Section 5-B then he shall surrender the railway coupons of an equal money value of the amount claimed for reimbursement under this sub-rule.

Explanation. - "railway coupons" means a coupon-book issued to a member under Madhya Pradesh Legislative Assembly Member (Free Transit Railway) Rules, 1978.

(1-AAAA) Every member, who performs journey of the nature referred to in Section 5-C of the Act, then he and one person accompanying him, shall be entitled to reimbursement of the Steamer fare of such journey both ways to the extent on an amount equal to two times of the first class rail fare :

Provided that-

(i) the member shall submit the counter-foil of the steamer ticket and in case the counter-foil is lost or passed to some unauthorised person, he shall have to produce a certificate in respect of relevant journey by Steamer of the concerned Steamer Company;

(ii) if the member claiming reimbursement under this sub-rule has performed the journey by Steamer for the purpose of any business connected with his duties as a member as referred to in Section 5-C of the Act, then he shall submit a declaration in the following forms, namely :-

Declaration

I, ....... hereby declare that I have not already claimed travelling allowance in respect of the journey and for period for which travelling allowance has been claimed in this bill and such journey was necessary for the purpose of business connected with my duties as a member.

........................... Signature of the member].

Dated................

[(1-B) Every member who performs journey of the nature referred to in Section 6 outside the State shall, if such journey is performed by rail, be entitled to one first class railway fare both ways for the distance between the last station within the State and the place of the destination outside the State and such railway fare shall be payable to him in the form of railway travel coupons in addition to railway travel coupons issued to him for journey outside the State to which he is entitled under Section 5-A.]

[(1-C) Every member, who performs journey of the nature referred to in Section 6 shall be entitled to incidental charges at the following rates :-]

For journey upto 700 Kilometers	One daily allowance at the rate of Rs. 250/-.
For journey exceeding 700 Kilometers	One daily allowance at the rate of Rs. 400/-.]

[(2) For halts at the place of meeting during a session or on days of sitting of a committee, a member shall be entitled to daily allowance at the rate of [four hundred rupees] a day or part thereof for each day of halt :

Provided that he shall be entitled only to half the daily allowance for the day of arrival at or departure from the place of meeting if he arrives at such place in the afternoon or departs therefrom in the forenoon].

[(3) If in the course of discharging his functions as a member of a committee a member is required to go to a place outside Madhya Pradesh then he shall be entitled to travelling allowances according to sub-rule (I) and he shall also be entitled to daily allowance at the rate of Rupees [three hundred] per day for staying at such place :

Provided that if he reaches to the place of meeting in the afternoon or departs from there in the forenoon he shall be entitled for half of the daily allowance only in respect of that day.]

[4. (1) Every member who ordinarily resides at the place of meeting or within eight kilometers of the place of the meeting shall be paid daily allowance at the rate of [Rs. two hundred fifty] a day-

(a) for each day of sitting of a committee; and

(b) subject to the provisions of sub-rule (2), for each day during the session.

(2) In the event of an adjournment during a session lasting for seven days or more, he shall be entitled to a daily allowance only for seven days.]

[(1) If during the course of a session a member leaves the place of meeting for not more than seven days, he shall be entitled to daily allowance for the days of such absence :

Provided that he shall not be entitled to daily allowance for such absence if he continuously remains absent for more than seven days.]

[(2) In the event of an adjournment during a session lasting for seven days or more, if a member whose place of residence is at a distance of more than 8 kilometers from the place of the meeting leaves the place of meeting, he shall be entitled to travelling allowance in accordance with Rule 3, and if he stays at the place of the meeting, he shall be entitled to daily allowance for all days of halt not exceeding seven.]

(3) A member who arrives at or leaves the place of meeting for a session not more than thirty days before or after the session, as the case may be, shall be entitled to travelling allowance admissible under Rule 3.

[(4) When there is an interval of not more than six days between (i) meeting of the Assembly and a meeting of a Committee, or (ii) a meeting of a Committee and another meeting of the same or another Committee or of the Assembly at the same place, both of which a member is required to attend, he shall be entitled to draw daily allowance for the days of interval, only when he halts at the place of the meeting but not otherwise.]

(1) For the purpose of calculating travelling allowance, a journey between two stations is held to be performed by the shortest of two or more practicable routes or by the cheapest of such routes as may be equally short.

(2) The shortest route in the case of journey by rail is that by which the traveller can most speedily reach his destination.

(3) If the Speaker is satisfied that in the case of a journey by rail from the place of residence of a member to the place of the meeting; a route other than normal shorter route affords travelling facilities necessary for the convenience of the member, the Speaker may permit such member to travel by such route and thereupon that route shall be deemed to be shorter for the purpose of sub-rule (1).

If any dispute arises with respect to the interpretation of these rules, the point of dispute shall be referred to the Speaker and his decision shall be final.
(1) Every member desiring to claim travelling allowance or daily allowance for his journey and halt at the place of meeting shall furnish to the Secretary, Vidhan Sabha, particulars in such form as may be prescribed by him.

[(2) The Vidhan Sabha Secretariat shall prepare a bill in duplicate and send both copies to the member for his signatures. On return from him of the copies of bill duly signed, one copy of the bill duly countersigned by the Secretary, Vidhan Sabha shall be forwarded to member for encashment to the treasury at which he is entitled to draw the bills.]

(3) During a session, a member may draw, by way of advance, such sums in respect of his travelling and daily allowance and on such dates, as the Secretary, Vidhan Sabha, may, from time to time, determine.

[9. Members of the Committees, other than the consultative committees, constituted by the Stale Government or statutory board or boards appointed by the State Government, who attend meetings, shall send their travelling allowance bills to the Government Secretariat for countersignature and not to the Vidhan Sabha Secretariat].