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THE [KHYBER PAKHTUNKHWA] SPEAKER AND DEPUTY SPEAKER'S (SALARIES, ALLOWANCES AND
PRIVILEGES) ACT, 1975.
[KHYBER PAKHTUNKHWA] ACT NO. III OF 1975.
[23rd June, 1975.]
CONTENTS
PREAMBLE
SECTIONS
1. Short title and commencement.
2. Definitions.
3. Salary of the Speaker.
4. Allowances on taking up and laying down the office of the Speaker.
5. Sumptuary allowance of Speaker.
[6 Equipment allowances of the Speaker.]
[6A. Discretionary grant.]
7. Official residence.
[7A. Telephone.]
8. Journey by air.
9. Journey by rail.
10. Journey by steamer or launch.
11. Journey by road.
12. Compensation in case of air accident.
13. Daily allowance of the Speaker during halt.
14. Special privileges of the Speaker.
[14A. Additional Travelling Allowance.
14B. Medical Allowance.]
15. Controlling officer.
[16.……….]
17. Provident Fund.
18. Salary of the Deputy Speaker.
19. Allowances on taking up and laying down the office of the Deputy Speaker.
[19A. Sumptuary Allowance of the Deputy Speaker.]
[19B. Equipment Allowances of the Deputy Speaker.
19C. Discretionary grant.]
[20. Official residence of the Deputy Speaker.]
[20A. Telephone.]
21. Journey by air.
22. Journey by rail.
23. Journey by steamer or launch.
24. Journey by road.
[24A. Compensation in case of air accident.]
25. Daily allowances during halt.
[25A. Additional travelling Allowance.
25B. Medical Allowance.]
26. Controlling officer.
[26A............]
27. Transport.
[27A. Electricity and gas charges.]
28. Travelling Allowance for touring in Pakistan.
29. Travelling Allowance for tour abroad.
30. Medical facilities.
[31. Leave.]
[31A. Increase in Salary and other emoluments]
32. Miscellaneous.
33. Charge report.
34. Power to make rules.
35. Repeal.
THE [KHYBER PAKHTUNKHWA] SPEAKER AND DEPUTY SPEAKER'S (SALARIES, ALLOWANCES AND
PRIVILEGES) ACT, 1975.
[KHYBER PAKHTUNKHWA] ACT NO. III OF 1975.
[23rd June, 1975.]
[First published after having received the assent of the Governor of the [Khyber Pakhtunkhwa]in the Gazette of [Khyber Pakhtunkhwa], (Extra-ordinary), dated 23rd June, 1975].
AN
ACT
to provide for the salaries, allowances and privileges of the Speaker and the Deputy Speaker in the [Khyber Pakhtunkhwa].
WHEREAS Articles 250 of the Constitution of the Islamic Republic of Pakistan inter alia provides that the salaries, allowances and privileges of the Speaker and the Deputy Speaker shall be determined by law; Preamble.
It is hereby enacted at follows:—
PART—1
PRELIMINARY.
1. (1) This Act may be called the [Khyber Pakhtunkhwa] Speaker and Deputy Speaker's (Salaries, Allowances and Privileges) Act, 1975.
(2) It shall come into force at once.
Short title
and commencement.
2. (1) In this Act unless the context otherwise requires,— Definitions.
(a) “Constitution” means the Constitution of the Islamic Republic of Pakistan;
(b) “Deputy Speaker” means the Deputy Speaker of the Provincial Assembly of the [Khyber Pakhtunkhwa];
(c) “family” means the wife, legitimate and step children residing with and wholly dependent upon the Speaker or the Deputy Speaker, as the case may be;
(d) “Government” means the Government of the [Khyber Pakhtunkhwa];
(e) “maintenance” in relation to an official residence of the Speaker includes the payment of water rates, local taxes, electricity, gas and fuel charges and the conservancy charges, and in relation to an official residence of the Deputy Speaker includes the payment of water charges and half of the electricity charges;
(f) “official residence” means the houses reserved from time to time for use by the Speaker and the Deputy Speaker and includes the staff quarters and other buildings appurtenant to and the gardens of the residence;
(g) “Speaker” means the Speaker of the Provincial Assembly of the [Khyber Pakhtunkhwa].
(2) Words and expressions used in this Act and not defined shall have the meanings assigned to them in the Constitution.
__________________
PART—II.
SALARY, ALLOWANCES AND PRIVILEGES OF THE SPEAKER.
3. The Speakers shall be paid a salary at the rate of [rupees one lac and fifty thousand] per mensem. Salary
of the
Speaker.
4. (1) The Speaker shall be entitled to claim—
(a) the actual travelling expenses for himself and his family;
(b) the actual cost of transporting personal servants, not exceeding two, by the lowest class of accommodation; and
(c) the actual cost of transporting household effects, not exceeding one hundred and twenty maunds, by goods train, steamer or other craft, excluding air-craft; and his personal car, if any; Allowances
on taking up
and laying
down the
office of
the speaker.
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.
(2) No claim shall lie for any travel or transportation not performed within six months of the date of taking up or laying down office, as the case may be.
5. The Speaker shall receive a Sumptuary Allowance of [twenty] thousand rupees per mensem. Sumptuary allowance
of speaker.
[6. Equipment allowances of the Speaker.— The Speaker on appointment shall receive equipment allowance of five thousand rupees, once for tenure of the Assembly.]
Equipment allowances
of the
speaker.
[6A. Discretionary grant.— A sum of rupees [ten] hundred thousand per annum shall be placed at the disposal of the Speaker for making discretionary grants in such manner as may be prescribed.]
Discretionary grant.
7. (1) The Speaker shall be entitled to the use, without payment of rent, of a house provided by Government throughout his term of Office and for a period of fifteen days immediately thereafter, or until the person chosen to fill the Office of the Speaker by the next Assembly has entered upon his Office, as the case may be. Official residence.
(2) The official residence of the Speaker along with the grounds appurtenant thereto shall, subject to such conditions as may be imposed by Government from time to time, be maintained by Government and shall be furnished at a cost not exceeding [ten hundred thousand] rupees. The term furniture will include carpets and curtains but will not include the cost of [two] Air Conditioner and one Refrigerator to which the Speaker is otherwise entitled.
[(3) 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 on furnished accommodation for himself and his family, subject to a maximum of [seventy] thousand rupees per mensem].
[(4) Where the Speaker chooses to reside in his own house, he may be paid a monthly sum of [seventy] thousand rupees in lieu of the furnished accommodation so as to cover all expenses on its maintenance.]
[7A. Telephone.— The Speaker shall be entitled at Government expense, to the use of [two telephones] at his office and one telephone at his residence both for official and unofficial use throughout the term of his office. In addition to the above the Speaker shall also be entitled to the use of one cellular phone with a bill not exceeding rupees two thousand per month.] Telephone.
8. (1) The Speaker may, if the public interest so demands, travel by air in which case he shall be entitled to— Journey
by air.
(i) the actual air fare for [first or business class] paid for himself, and the cost of transporting personal luggage not exceeding one hundred pounds inclusive of the fare allowance given by the air company;
(ii) the actual air fare for economy class paid for one private servant.
(2) The Speaker travelling by air in a regular service may take with him one member of his personal staff.
(3) When a journey by air is combined with a journey by any other means, the Speaker may claim air mileage only for the air port of the journey, and for the rest of the journey he shall charge the usual allowance;
Provided that no mileage allowance shall be admissible in respect of surface transport which forms part of the air journey and is included in the fare paid for the air journey.
(4) The Speaker may, if he considers necessary in the public interest, travel by a Government plane or a plane of the Pakistan Air Force, if available.
(5) If the Speaker makes a return journey by air, he shall, where possible, purchase a return ticket, if this would cost less than the purchase of two single tickets.
9. (1) The Speaker, when travelling on duty by railway in Pakistan, shall be entitled at Government expense— Journey
by rail.
(a) to requisition —
[(i) an ordinary first class tourist car; or
(ii) two berthed-Air conditioned first class.]
(b) to take with him in the reserved accommodation, without payment of any fare, his wife when travelling in a requisitioned railway compartment;
(c) to take with him not more than two servants by the lowest class of accommodation [ . ]
(d) [(d)............]
(2) Any person, other than the wife of the Speaker, travelling with the Speaker in the reserved accommodation, shall pay the usual fare to the Railway by the purchase of first class ticket, and in every bill for travelling allowance in respect of that journey the Speaker reserving the accommodation shall specify the number of persons who so travelled with him and certify that necessary tickets were purchased by them.
10. The Speaker travelling on duty in Pakistan by steamer or launch shall be entitled—
(a) to draw the actual fare paid for himself;
(b) to take with him not more than two personal servants by the lowest class of accommodation; and
(c) to the carriage of personal luggage not exceeding three maunds. Journey by stemer or launch.
11. The Speaker travelling on duty by road between places not connected by railway, or where so connected, he chooses to travel by road, he may, where the journey is performed in a vehicle not owned or maintained by Government, draw Journey
by road.
(a) travelling allowance at the rate of [fifteen] and twenty paisa per kilo meter) for his own journey by road; and
(b) actual expenses of the transport of two private servants and all personal luggage, including stores carried for consumption on tour.
12. (1) If the Speaker, while travelling by air, on official duty by any flight scheduled or unscheduled (including flight in a Government owned air-craft of any type) dies or receives any injury as a result of an accident, Government shall pay to the person or persons referred to in sub-section (2), a sum of rupees [five hundred thousand] in the case of death and an amount to be determined by Government having regard to scales of compensation applied by insurance companies in like cases in the case of injury. Compensation
in case of
air accident.
(2) The compensation shall be payable in the case of injury to the Speaker, and in case of death, to such member or members of his family, or, if there be no such member, to any other person or persons as may be nominated by him, and in the absence of such nomination to his heirs.
(3) A nomination under sub-section (2) may be made, revoked, or altered by a notice in writing signed by the Speaker and addressed to the Accountant-General, [Khyber Pakhtunkhwa].
13. The Speaker while on tour shall be entitled to draw an allowance of [two] hundred and twenty-five per day for the duration of his halts on tour; Daily allowance of the Speaker during halt.
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 Speaker arrives and departs on the same day;
(b) for such continuous halt on tour exceeding ten days, daily allowance shall be admissible—
(i) for the first ten days, at the full rate;
(ii) for the next twenty days or part thereof, at three-fourth of the full rate; and
(iii) for 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 five miles, for a period including not less than seven nights.
14. Notwithstanding anything to the contrary contained in this Act, the Speaker shall be entitled to receive the actual expenditure incurred by him on tours if such expenditure exceeds the amount to which he is entitled under this Act.
Special privileges
of the
Speaker.
[14A. Additional Travelling Allowance.— The Speaker shall be entitled to receive an Additional Travelling Allowance at the rate of two lac per annum. Additional Travelling Allowance.
14B. Medical Allowance.— The Speaker shall be entitled to receive Medical Allowance at the rate of eighteen thousand rupees per month.]
Medical Allowance.
15. The Speaker shall be his own controlling officer for purposes of travelling allowances. Controlling officer.
[16...............]
17. The Speaker may, at his option, become a subscriber to the provident jund. 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. Provident
Fund.
PART—III.
SALARY, ALLOWANCES AND PRIVILEGES OF THE DEPUTY
SPEAKER.
18. The Deputy Speaker shall be paid a salary at the rate of [rupees one lac and forty-five thousand] per mensem. Salary of
the Deputy Speaker.
19. (1) The Deputy Speaker shall be entitled to claim—
(a) the actual travelling expenses for himself and his family;
(b) the actual cost of transporting one personal servant by the lowest class of accommodation; and
(c) the actual cost of transporting household effects, not exceeding eighty maunds, by goods train, steamer or other craft, excluding air-craft, and his personal car, if any, Allowances
on taking up
and laying
down the
office of
the Deputy
Speaker.
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.
(2) No claim shall lie for any travel or transport not performed within six months of the date of taking up or laying down office, as the case may be.
[19-A. The Deputy Speaker shall receive a sumptuary allowance of [ten] thousand rupees per mensem.] Sumptuary allowance
of the Deputy Speaker.
[19-B. Equipment allowance of the Deputy Speaker.— The Deputy Speaker on appointment shall receive equipment allowance of three thousand rupees once for the tenure of the Assembly.
Equipment allowance
of the Deputy Speaker.
19-C. Discretionary grant.— A sum of rupees [five] hundred thousand per annum shall be placed at the disposal of the Deputy Speaker for making discretionary grants in such manner as may be prescribed.]
Discretionary grant.
[20. (1) The Deputy Speaker shall be entitled to the use, without payment of rent, of a house provided by Government throughout his term of office and for a period of fifteen days immediately thereafter. Official residence
of the Deputy Speaker.
(2) The official residence of the Deputy Speaker shall, subject to such conditions as may be imposed by Government from time to time, be maintained by Government and shall be furnished at a cost not exceeding [ten hundred thousand] rupees. The term furniture will include carpets and curtains but will not include the cost of one Air Conditioner and one Refrigerator to which the Deputy Speaker is otherwise entitled.
(3) 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 [fifty five] thousand rupees per mensem.
(4) Where the Deputy Speaker chooses to reside in his own house, he may be paid a monthly sum of [fifty five] thousand rupees in lieu of the furnished accommodation so as to cover all expenses on its maintenance.]
[20A. Telephone.— The Deputy Speaker shall be entitled at Government expense to the use of one telephone at his office and [two telephones] at his residence both for official and unofficial use throughout the term of his office. In addition to the above the Deputy Speaker shall also be entitled to the use of one cellular phone with a bill not exceeding rupees two thousand per month.] Telephone.
21. (1) The Deputy Speaker may, if the public interest so demands, travel by air, in which case he shall be entitled to— Journey
by air.
(a) the actual air fare for [ [....] business class] paid for himself;
(b) the cost of transporting personal luggage upto one hundred pounds, inclusive of the free allowance given by the air company.
(2) The Deputy Speaker shall be entitled to claim the actual premium paid for insuring himself for the air journey for an amount not exceeding rupees fifty thousand.
(3) When a journey by air is combined with a journey by any other means, the Deputy Speaker may claim air mileage only for the air part of the journey, and for the rest of the journey he shall charge the usual allowance; provided that no mileage allowance shall be admissible in respect of surface transport which forms part of the air journey and is included in the fare paid for the air journey.
(4) If the Deputy Speaker makes a return journey by air, he shall, where possible, purchase a return ticket, if this would cost less than , the purchase of two singly tickets.
22. The Deputy Speaker, when travelling on duty by railway in Pakistan, shall be entitled at government expense — Journey
by rail.
(a) to requisition —
(i) an ordinary first class two berthed compartment; or
(ii) where an air conditioned couch is provided, a coupe compartment in such couch;
(b) to take with him one personal servant by lowest class of accommodation.
23. The Deputy Speaker travelling on duty in Pakistan by steamer or launch shall be entitled — Journey by steamer or launch.
(a) to draw the actual fare paid for himself;
(b) to take with him one personal servant by the lowest class of accommodation; and
(c) to the carriage of personal luggage not exceeding three maunds.
24. The Deputy Speaker travelling on duty by road between places not connected by railway, or, where so connected, he choose to travel by road, he may, where the journey is performed in a vehicle not owned or maintained by Government, draw— Journey
by road.
(a) travelling allowane at the rate of [fifteen rupees] per kilometer for his own journey by road ; and
(b) actual expenses of the transport of one private servant and; personal luggage, including stores carried for consumption on tour, upto three maunds.
[24A. Compensation in case of air accident.— (1) If the Deputy Speaker, while travelling by air on official duty by any flight scheduled or unscheduled (including flight in Government owned aircraft of any type) dies or receives injury as a result of any accident, Government shall pay to the person or persons referred to in sub-section (2), a sum of [five hundred thousand] in the case of death and an amount to be determined by Government having regard to scales of compensation applied by insurance companies in like cases in the case of injury. Compensation
in case of
air accident.
(2) The compensation shall be payable, in the case of injury, to the Deputy Speaker, and in the case of death, to such member or members of his family, or, if there be no such members of his family, or if there be no such member, to any other person or persons as may be nominated by him, and in the absence of such nomination to his heirs.
(3) A nomination under sub-section (2) may be revoked or altered by a notice in writing signed by the Deputy Speaker and addressed to the Accountant-General, [Khyber Pakhtunkhwa]
25. The Deputy Speaker while on tour shall be entitled to draw an allowance of [seven hundred and fifty per day] for the duration of his halts on tour: Daily Allowance during halt.
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 arrival and departure if he arrives and departs on the same day;
(b) for such continuous halt on tour exceeding ten days, daily allowance shall be admissible,—
(i) for the first ten days, at full rates;
(ii) for the next twenty days of part thereof, at three fourth of full rate; and
(iii) for the remaining period if the halt exceeds for more than twenty days, 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 five miles, for a period including not less than seven nights.
[25A. Additional Travelling Allowance.— The Deputy Speaker shall be entitled to receive an Additional Travelling Allowance at the rate of one lac fifty thousand rupees per annum.
Additional Travelling Allowance.
25B. Medical Allowance.— The Deputy Speaker shall be entitled to receive Medical Allowance at the rate of fifteen thousand rupees per month.] Medical Allowance.
26. The Speaker shall be controlling officer for the purposes of travelling allowances of the Deputy Speaker. Controlling Officer.
[26A..........]
PART—IV.
GENERAL.
27. The Speaker and the Deputy Speaker shall be entitled to the use of [two official cars] maintained at Government expense.
Transport.
[27-A. Electricity and gas charges.— The Speaker and Deputy Speaker shall be entitled to claim actual amount paid by them on account of electricity and gas charges.]
Electricity
and gas
charges.
28. Subject to the provisions of this Act, the Speaker and the Deputy Speaker travelling on official duty in Pakistan shall be treated as a First Grade Officer. Travelling Allowance
for touring
in Pakistan.
29. The Speaker and the Deputy Speaker travelling on official business outside Pakistan shall be entitled to such allowance as may, from time to time, be allowed by Government for the Speaker and the Deputy Speaker. Travelling Allowance
for tour
abroad.
30. The Speaker and the Deputy Speaker shall be entitled to medical facilities admissible in terms of the medical attendance rules for the time being in force in respect of Government, except that he and his family shall be entitled to medical attendance at his residence. Medical facilitates.
[31. Leave.— (1) The Governor may grant to the Speaker or as the case may be, the Deputy Speaker, during his term of office at one time or from time to time leave of absence for urgent reasons of health or private affairs for a period not exceeding one month in a year; provided that such leave may be accumulated for a period not exceeding three months. The leave salary of the Speaker and the Deputy Speaker shall be the same as admissible to them under section 3 and section 18 respectively. Leave.
(2) If the leave granted under sub-section (1) is spent abroad, the Speaker or, as the case may be, the Deputy Speaker, shall be entitled to draw his leave salary in Foreign Currency, subject to such conditions and restrictions as may be imposed by the Federal Government].
[31A. Increase in Salary and other emoluments.— The salary and other emoluments of Speaker and Deputy Speaker shall automatically be increased by Government in proportion increase to be made in the salary of the civil servants in BPS-20 from time to time.] Increase
in Salary
and other emoluments.
32. (1) All reasonable precautions shall be taken to see that official residence, transport and furniture, etc., provided to the Speaker and the Deputy Speaker by Government are used with the same care with which a person's own property is taken care of.
Miscellaneous.
(2) All furniture and furnishing provided in an official residence under this Act, shall be marked by the Buildings Department, Government of [Khyber Pakhtunkhwa], for the purpose of identification.
(3) When the Speaker or the Deputy Speaker occupies an official residence, it shall be the duty of the officer concerned of the Buildings Department, Government of [Khyber Pakhtunkhwa], to hand over the charge of the furniture and furnishings in the residence of the Speaker, or
the charge of the furnishing in the residence of the Deputy Speaker, to the Speaker or the Deputy Speaker, as the case may be, or to a person authorized in writing by the Speaker or the Deputy Speaker, according to an inventory to be drawn up and signed by such officer.
(4) When the Speaker or the Deputy Speaker is about to vacate the official residence, he shall inform the officer concerned of the Buildings Department, Government of [Khyber Pakhtunkhwa], and shall arrange that the furniture and furnishing 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 Buildings Department Government of [Khyber Pakhtunkhwa], may from time to time, inspect an official residence, its furniture and furnishings with the prior approval of the Speaker or the Deputy Speaker, as the case may be.
33. The Speaker or the Deputy Speaker shall not be required to sign a charge report on taking up or laying down their offices as Speaker or Deputy Speaker.
Charge
report.
34. Government may make rules for carrying out the purposes of this act. Power to
make rules.
35. The North-West Frontier Province, Provincial Assembly Speaker and Deputy Speaker's (Salaries, Allowances and Privileges) Act, 1972, is hereby repealed. Repeal. |
