PROVINCIAL ASSEMBLY OF THE [1][KHYBER PAKHTUNKHWA] (SALARIES AND ALLOWANCES OF MEMBERS) ACT, 1974.

           [2][KHYBER PAKHTUNKHWA] ACT NO. XI OF 1974.

                                                                                                [6^th December, 1974.]

CONTENTS

PREAMBLE

SECTIONS

1.               Short title and commencement.

2.               Definitions.

3.               Salary of Members.

[3][3A.  Facilities for Leaders of Oppositions.]

4.               Traveling Allowance.

5.               Daily Allowance and Sessions allowance.

6.               Short Intervals between sessions or sittings of committee.

7.               Telephone.

[4][7A.  Office Maintenance Allowance.]

[5][7B.  Accommodation Allowance.]

[6][7C.  Utility Allowance.]

[7][7D.  House rent.

7E.     Conveyance Allowance.

7F.     Increase in Salary and other emoluments.]

[8][8.     Medical Facilities.]

[9][9       …..................]

10             Accommodation.

11             Form of Certificate.

12             Power to make rules.

13             Repeal.

PROVINCIAL ASSEMBLY OF THE [10][KHYBER PAKHTUNKHWA] (SALARIES AND ALLOWANCES OF MEMBERS) ACT, 1974.

        [11][KHYBER PAKHTUNKHWA]. ACT NO. XI OF 1974.

                                                                                                [6^th December, 1974.]

[First published after having received the assent of the Governor of the [12][Khyber Pakhtunkhwa] in the Gazette of  [13][Khyber Pakhtunkhwa]

(Extra-Ordinary), dated the 6^th December, 1974.)]

AN
ACT

to amend the law relating to a salaries and allowances of Members of

the Provincial Assembly of  [14][Khyber Pakhtunkhwa].

            It is hereby enacted as follows:— 

(2)   It shall come into force at once.

(a)      “Assembly” means the Provincial Assembly of the [17][Khyber Pakhtunkhwa];

(b)      “Committee” means a standing committee, a selection committee or any other committee of the Assembly, and includes any committee appointed by Government for a purpose connected with the Assembly and declared to be a committee of Assembly;

(c)       “Government” means the Government of the [18][Khyber Pakhtunkhwa]:

(d)      “Member” means Member of the Assembly other than a Minister, Parliamentary Secretary, Speaker or Deputy Speaker;

(e)       “meeting” means a meeting of the Assembly or of a Committee thereof;

(f)        “period of residence on duty” means the period during which a  Member resides at a place where a session of the Assembly or a sitting of a Committee is held or where any other business connected with his duties as such Member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business and includes—

(i)        in the case of a session of the Assembly, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately following the end of the session; and

(ii)      in the case of a sitting of a Committee or transaction of any other business, a period of such residence, not exceeding two days, immediately preceding the commencement of the business of the Committee or other business and a period of such residence, not exceeding two days, immediately following the conclusion of the business of the Committee or any other business;

   Explanation.—In the case of a Member who ordinarily resides at a place where a session of the Assembly or a sitting of a Committee is held or where any other business, connected with his duties as such member, is transacted, the period of residence on duty shall include the duration of the session or sitting or the time occupied for the transaction of such other business but shall not include the three or two days immediately preceding or following, as the case may be, and any period during which the Assembly is adjourned for more than ten days: and

(g)      “session” means the period commencing on the day of the first meeting of the Assembly after having been summoned and ending on the day the Assembly is prorogued or dissolved.

Provided that a Member who, without permission of the Assembly,—

(a)      fails to attend at least three-fourth of the total number of meetings             held in a month, or

(b)      if elected during the course of a month, fails to attend at least three- fourth of the total number of meetings held in that month subsequent to the date on which he makes an oath, shall be in eligible to draw salary for that month.

[22][(2).……..]

(3) No salary shall be paid to any Member in respect o any period during which he was under detention on conviction for an offence involving moral aptitude under any law for the time being in force.

(a)      where the journey is performed by rail, an amount equal to [26][one air conditioned class fare]—;

(b)      where the journey is performed by air, the fare of the economy class; and

[27][(c)   where the journey or any part thereof is performed by road, an allowance at the rate of [28][fifteen] rupees per kilometer.]

Provided that:—

(i)        no traveling allowance shall be admissible for journeys made during a session between the place where the session is held and any other place; and

(ii)      a Member who ordinarily resides or carries business at any place within five miles of the place at which his attendance is required in connection with his duties as a Member, shall not be entitled to traveling allowance.

            (2) Traveling allowance at the rates mentioned in sub-section (1) shall be admissible to a Member for journey performed during the period of adjournment of a session, if the session is adjourned for a period of more than ten days.

            [29][(3) Every member shall be entitled to a sum of [30][one lac and twenty thousand] rupees [31][per annum] for travelling within Pakistan:

            Provided that when a person becomes a member during the course of a year, the amount to which he is so entitle shall be reduced proportionately.]

            [33][(2)….………..]

            (3) A Member who arrives in the forenoon at the place of duty or departs from such place in the afternoon, shall be entitled to draw daily allowance [34][…….] at the full rate for the day of arrival or the day of departure, as the case may be, and if he arrives at such place in the afternoon or departs there from in the forenoon, the Daily allowance [35][……] drawn shall be at half such rate:        Provided that not more than one daily allowance [36][…… ] at the full rate may, in any case, be claimed in respect of any one day.

Provided that Government shall pay not more than an aggregate amount of [37][ten] hundred rupees per month as charges of rental of the telephone and the calls made therefrom:

[38][Provided that the Government shall not pay more than Rupees Five hundred per month as the telephone charges and the telephone call bills shall be paid by a Member himself].

 Provided that a member shall not be required to produce any written certificate while claiming accommodation allowance under this section].

            [48][(2) A member shall be entitled to receive medical allowance at the rate of nine thousand rupees per month.]

            [49][9………..]

     Explanation.— In this section the word “session” includes any meeting of the committee or the Committees as the case may be of the Provincial Assembly in accordance with the [52][Khyber Pakhtunkhwa]  Provincial Assembly Rules of Procedure, 1975.]

“Certified that the amount has not been claimed by me in any other bill or drawn by me from any other source.”