The Gujarat Ministers’ Salaries and Allowances Act, 1960

1. (1) This Act may be called the Gujarat Ministers' Salaries and Allowances Act, 1960. (2) It shall be deemed to have come into force on the 1st day of May, 1960.

2. In this Act, unless there is anything repugnant in the subject or context:— (a) "Maintenance" in relation to a residence includes the payment of rates and taxes due to Government or any local authority and the provision of electricity, gas and water; (b) "Minister" and "Deputy Minister" mean respectively a Minister and a Deputy Minister of the Government of Gujarat, and 2["Minister" includes— (i) The Chief Minister, (ii) The Deputy Chief Minister, and (iii) Minister of State]; (c) "Residence" includes the staff quarters and other buildings appurtenant thereto, and the gardens thereof; (d) "Rules" and "orders" mean rules or orders respectively made under this Act.

1[3. (1) There shall be paid to the Minister 25% more basic salary per month than the basic salary payable to a Member of the Assembly by virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative Assembly Members’ Salaries and Allowances Act, 1960. 2[(1A) Notwithstanding anything contained in sub-section (1), there shall be paid to the Minister 30 per cent less basic salary per month for a period of twelve months commencing from the 1st April, 2020.] (2) There shall be paid to the Minister during the whole of his term of office per month the dearness allowance on the amount of the basic salary referred to in sub-section (1) at such rate as is being paid to the employees of the State Government from time to time.]

3[3A. There shall be paid to each Minister during the whole of his term of office per month a sum of ₹ 4[20,000] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.]

[3B. Dearness allowance to Ministers] was deleted by Guj.18 of 2018, s.2, Sch., Sr.No.3, item 3.

4.(1) Each Minister shall be entitled, without payment of rent, to the use of a furnished residence 5[in Gandhinagar] throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of ₹ 250 per month. : (2) No charge shall fall on the Minister personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders.

5. (1) The State Government may, from time to time, for the use of the Ministers purchase and provide motor cars and other suitable conveyances upon such conditions as regards their maintenance and repairs as may be determined by rules or orders. 6[(1A) Where, under sub-section (1), the State Government has provided for the use of the Ministers motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.] (2) There shall also be paid to each Minister a conveyance allowance at the rate of ₹ 7[7,000] per month.

1[6. (1) There shall be paid to the Deputy Minister 25% more basic salary per month than the basic salary payable to a Member of the Assembly by virtue of the provisions of sub-section (1) of section 3 of the Gujarat Legislative Assembly Members’ Salaries and Allowances Act, 1960. 2[(1A) Notwithstanding anything contained in sub-section (1), there shall be paid to the Deputy Minister 30 per cent. less basic salary per month for a period of twelve months commencing from the 1st April, 2020.] (2) There shall be paid to the Deputy Minister during the whole of his term of office per month the dearness allowance on the amount of the basic salary referred to in sub-section (1) at such rate as is being paid to the employees of the State Government from time to time.]

3[6A. There shall be paid to each Deputy Minister during the whole of his term of office per month a sum of ₹ 4[20,000] as a consolidated allowance for all matters not specifically provided for by or under the provisions of this Act.]

[6B. Dearness Allowance to Deputy Ministers] was deleted by Guj. 18 of 2018, s.2, Sch., Sr.No.3, item 7.

7. (1) Each Deputy Minister shall be entitled, without payment of rent, to the use of a furnished residence 5[in Gandhinagar] throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at the rate of ₹ 150 per month. (2) No charge shall fall on the Deputy Minister personally in respect of the maintenance of any residence provided under this section. (3) The expenditure on furnishing the residence provided under this section shall be on such scale as may be determined by rules or orders.

8. (1) The State Government, may from time to time, for the use of the Deputy Ministers purchase and provide motor cars and other suitable conveyances, upon such conditions as regards their maintenance and repairs as may be determined by rules or orders. 6[(1A) Where, under sub-section (1), the State Government has provided for the use of the Deputy Ministers motor cars or other conveyances, it shall also provide to them, free of charge, the services of a driver for each such car or conveyance.] (2) There shall also be paid to each Deputy Minister a conveyance allowance at the rate of ₹ 7[7,000] per month.

9. The Ministers and Deputy Ministers shall be entitled to travelling and daily allowances while touring on public business and suitable residential accommodation at places visited by them on such business, at such rates and upon such conditions as may be determined by rules or orders.

1[9A. Subject to any rules or orders made in this behalf by the State Government,- (a) a Minister and a Deputy Minister shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family's effects in respect of the journey to Gandhinagar from his usual place of residence outside Gandhinagar for assuming office; (b) a Minister or Deputy Minister and members of his family shall be entitled to travelling allowance for himself or themselves and for the transport of effects of the Minister, Deputy Minister or, as the case may be, his family in respect of the journey from Gandhinagar to his usual place of residence outside Gandhinagar on the Minister or the Deputy Minister ceasing to hold his office. Explanation.- For the purposes of this section the expression "a member of the family" shall have the same meaning as assigned to it in section 10 and the "family" shall be construed accordingly.

2[9AA. Every Minister and Deputy Minister shall be provided with facilities which shall entitle them at any time to travel by first class or by second class air conditioned by railway in any part of India in such manner and subject to such conditions as may by rules or orders be prescribed in that behalf: Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by a Minister or, as the case may be, a Deputy Minister singly or jointly with his spouse and two other members of his family residing with and dependent on him, so however, that the total distance so travelled by the Minister or, as the case may be, the Deputy Minister singly in any year does not exceed 10,000 kilometres and the total distance so travelled jointly by the Minister or, as the case may be, the Deputy Minister and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometres. Explanation.—For the purpose of calculating the number of kilometres travelled by a Minister or, as the case may be, a Deputy Minister jointly with his spouse and two other members of his family residing with and dependent on him, outside the State of Gujarat, the number of kilometres travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately.

9AB. Every Minister and the Deputy Minister may undertake or perform journey alongwith co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occassions in each year: Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the Minister or, as the case may be, the Deputy Minister.]

9B. (1) Every Minister and Deputy Minister shall during the term of his office be entitled to have 1[telephone facilities] at Government cost at the place of residence at Gandhinagar. (2) No charge shall fall on the Minister and the Deputy Minister personally in respect of installation of, initial deposit for, rental charges for maintenance of, and calls made from, 2[telephone facilities provided] under sub-section (1)]

[ 10. Medical attendance] was deleted by Guj. 2 of 2017, s.4.

11. There shall be placed at the disposal of the Chief Minister a sum of ₹ 3[1,50,000] per year as sumptuary allowance.

12. Notwithstanding anything contained in any law for the time being in force determining the salaries and allowances of members of the State Legislature, a Minister or a Deputy Minister shall not be entitled to receive any salary or allowances under such law, although he is a member of the Gujarat Legislative Assembly.

13. For the avoidance of doubt, it is hereby declared that a person shall not be disqualified for being chosen as, or for being a member of the Gujarat Legislative Assembly merely by reason of the fact that he holds the 4[office of a Minister of State or of a Deputy Minister ].

14. 6[(1) The State Government may, by notification in the Official Gazette, make rules or orders for carrying out the purposes of this Act.] (2) Any rule or order made under this section may be made so as to be retrospective to any date not earlier than the 1st May, 1960. (3) Rules or orders made under this section shall have effect as if enacted in this Act. 1[(4) All rules and orders made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.]

15. The Gujarat Ministers' Salaries and Allowances Ordinance, 1960 is hereby repealed and the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904 shall apply to such repeal as if that Ordinance were an enactment.