State Act

Tamil Nadu Payment of Salaries Act

12. (1) Every Member of the Legislative Assembly who does not hold any of the offices referred to in sections 3, 4, 6 and 6-A shall be entitled to receive— (a) a salary of 4Thirty thousand rupees per mensem. (b) travelling and daily allowances at such rates and upon such conditions as may be determined by rules made by the State Government, and until such rules are made at such rates and upon such conditions as were applicable to the Members of the Legislative Assembly immediately before the commencement of this Act. 2(1-A) Every Member of the Legislative Assembly who does not hold any of the offices referred to in sections 3, 4, 6 and 6-A shall be entitled to receive Compensatory allowance of 4Ten thousand rupees per mensem. 3(1-AA) Every Member of the Legislative Assembly who does not hold any of the offices referred to in sections 3, 4, 6 and 6-A shall be entitled to receive a Constituency allowance of 4Twenty five thousand rupees per mensem and a postal allowance of 1Two thousand and five hundred rupees per mensem. 5(2) The salary referred to in clause (a) of sub-section (1) the 1compensatory allowance referred to in sub-section(1-A), 2the constituency allowance 3and the postal allowance referred to in sub-section (1-AA) and the telephone allowance referred to in sub-section (4-B) shall accrue to a Member from the date on which he is declared duly elected, or if such declaration is made before the vacancy occurs, from the date of occurrence of the vacancy; Provided that the salary, the 1compensatory allowance 2the constituency allowance, 3the postal allowance and the telephone allowance shall not be paid until the Member has made and subscribed the oath or affirmation referred to in Article 188 of the Constitution. (2-A) 4Omitted 1(2-AA) Where any Member of the Legislative Assembly dies before the expiry of the term of his office, his family shall be paid a lump-sum allowance of 3Five lakh rupees. (2-B) 3The lump-sum allowance payable under sub-section (2-AA) shall be paid to the members of the family in equal shares. Explanation:—The expression, “family” means the wife or husband of the deceased Member and his or her minor sons, unmarried daughters and parents. 2(3) Every Member referred to in sub-section (1), shall subject to such conditions as may be determined by rules made by the State Government, be entitled to allotment of an Apartment on payment of rent of Rupees two hundred and fifty per mensem. 1(3-A) Every Member of the Legislative Assembly including any such Member who holds any of the offices referred to in sections 3, 4, 6 and 6-A, who on prior intimation to the State Government, undergoes surgery relating to— (a) heart; (b) kidney; or (c) any other part of the body which the State Government may consider to be a major surgery; in any hospital maintained by the Central Government, any State Government or any Union Territory Administration, or in any private hospital situated in the territory of India, shall be entitled to financial assistance subject to such conditions as may be prescribed. (4) 4 Subject to such conditions and during such period as may be determined by rules made by the State Government:— (a) every Member referred to in sub-section (1) and members of his family; (b) every person who had been a Member of the Legislative Assembly or of the Legislative council or of both, but ceased to be such Member at any time and members of his family; and (c) the members of the family of the deceased Member of the Legislative Assembly or of the Legislative Council or of both; shall be entitled free of charge to accommodation in the hospitals maintained by the State Government and also to medical treatment. Proviso - Omitted.4 3(4-A) (a) Every Member referred to in sub-section (1) shall be provided with one free non-transferable pass which shall entitle him to travel 2either singly or with his 1or her spouse or with any other companion at any time in any part of the State of Tamil Nadu 2by any bus run and operated 2by any Transport Corporation owned by the State Government. 5Provided that in case of air conditioned sleeper buses, the spouse or companion of such member shall be provided seating facillity only. (b) The pass referred to in clause (a) shall be issued by such authority and in such manner as may be prescribed and shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary, Legislative Assembly Secretariat.3 Provided that where any such pass is issued to a new Member before he takes his seat in the Legislative Assembly, he shall be entitled to use the pass for attending a session of that House for taking his seat therein. (c) Nothing in this sub-section shall be construed as disentitling a Member of the Legislative Assembly to any travelling allowance to which he is otherwise entitled under the provisions of this Act. 1(4-B) Every Member of the Legislative Assembly who does not hold any of the offices referred to in 2sections 3,4,6 and 6A shall be entitled to receive telephone allowance of 4Seven thousand and five hundred rupees per mensem irrespective of the fact whether he has any telephone or not. 5(4-C) Every Member of the Legislative Assembly who does not hold any of the offices referred to in 2sections 3,4,6 and 6A shall be entitled to have a telephone at his residence, the installation expenses of which shall be met with by the State Government. 1(4-D) Every Member of the Legislative Assembly who does not hold any of the offices referred to in section 3, 4, 6 and 6-A shall be entitled to receive a consolidated allowance of 5Five thousand rupees per mensem towards the payment by such Member to an attendant who renders assistance to him. 6(4-E) Every Member of the Legislative Assembly who does not hold any of the offices referred to in 2sections 3,4,6 and 6A shall be entitled to receive a vehicle allowance of 5Twenty five thousand rupees per mensem. (5) The salary referred to in clause (a) of sub-section (1), 4the compensatory allowance referred to in sub-section (1-A), 5the constituency allowance 6and 3the postal allowance referred to in sub-section (1-AA) and telephone allowance referred to in sub-section (4-B) and the consolidated allowance referred to in sub-section (4-D),and the vehicle allowance referred to in sub-section (4-E), shall not be taken into account for the purpose of calculating the total income of a member under any rule or order relating to medical treatment in hospitals maintained by the State Government or to the grant of educational concession of scholarship or to such other matters as may be prescribed. (6) Removal of doubts.—For the removal of doubts it is hereby declared that no Member of the Legislative Assembly or of the Legislative Council referred to in section 12 of the principal Act, shall be entitled to claim a salary of two hundred and fifty rupees per mensem under the principal Act as amended by this Act for any period prior to the 1st day of April 1964.