The Salaries and Allowances of Ministers Act, 1952 (Act no. 58 of 1952) was enacted with the view to make provisions for providing salary and allowances to the ministers. The Act was enacted by the Parliament of Indian to deal with the emoluments provision for the Ministers being members from the Council of minster and also included the deputies thereof.
Section 3 of the Act says that a salary per mensem and allowances for each day while the minister is in term should be similar to what has been provided in the provision of section 3 of the Salaries, Allowances and Pension of Members of Parliament Act, 1954 for the Members of Parliament. Similarly, the sub section (2) to the provision, says that each of such ministers should also be entitled to receive Constituency Allowance at the rate which is given under section 8 of the aforementioned Act of 1954 for the Members of Parliament. The Act of 1954 was enacted by the Indian Parliament for making provisions of payment of Salary, allowances and pensions to the Members of Parliament. The said Act of 1954 after many modifications and amendments in the years 1955, 1958, etc. and recently 2006, 2010, makes effective and updated provision as to payment of salaries at the rate of 50,000 rupees per mensem and daily allowances at the rate 2000 rupees. And as has been given above, the same rate is applicable to the Ministers of the council of Minister under the provisions of the present Act. Also in respect of such constituency allowances, The Members of Parliament (constituency allowance) Rules, 1986 have been provide.
Moreover, the provision of section 4 of the Act specifies that, the every such Ministers of the Council of Minsters are to be provided furnished residence without any rent payment. Such residence should be provided for the entire term of their office and also for one more months period after they cease to hold office. Similarly, no maintenance including local level taxes, etc. charges in respect of such residence should be fallen on the Ministers. Also, if in case the any minister dies, then his family should be entitled to use such residence and the period for such use should be one month from the date of such Minister’s death. However, such residence can also be used by such Minister’s family for further one month’s period, but there should be payment of rent by them at the rate fixed by the Central Government and also there will be recovery of charges as to electricity and water consumption in the residence during such extended period of one month. The Act defines the term Residence as and include the Staff Quarters and other buildings apartment thereto and also include gardens. And as per section 10A of the Act, the money received by the Ministers in lieu of the residence allowances should not be taken or computed for income tax purpose, under the head of Salary within the meaning of Section 15 of the Income Tax Act, 1961.
Similarly, the Act provides under section 5 thereof that, every such Ministers are entitled to sumptuary allowances. The rate of such sumptuary allowance differs from level of their posts. Likewise, the Prime Minister should be paid 3000 rupees per mensem, other ministers being Member of Cabinet should be paid 2000 rupees per mensem, minister of the State will be paid 1000 rupees per mensem and Deputy minister will have to be paid 600 rupees per mensem. This provision was incorporated to the Act, by The Salaries and Allowances of Ministers (Amendment) Act, 2001 (Act no. 44 of 2001).
Moreover, section 6 of the Act makes provisions as to entitlement of Ministers to travelling and daily allowances. Such travelling allowances are provided to the Minister and also to his family for travelling to Delhi from his usual place of residence for assuming office and vice versa. Similarly, such travelling allowances can also be granted such Minister for the tours undertaken by him for discharging his official duty. Also such travelling allowances are granted 12 in number for every year. All such allowances should be granted subject to the rules provided by the Central Government.
The provision for free accommodations and Medical treatment in the Government hospitals to the Ministers and their family members is given under section 7 of the Act. Even for purchasing motor car, the Ministers can avail advances facility from up to prescribed sums under rules. Such advance will be repayable and the purpose must be for purchasing motor car to make it convenient to attain his duties efficiently.
Section 9 says that one Minister being Member of parliament can not draw salary or allowances in respect of his membership in either House of Parliament, if he has availed and drew the salary or allowances under the provisions of this Act. Section 11 makes provision to empower the Central Government to make rules for carrying out the purpose of this Act. The Act also repeals the Act of 1947 i.e. the Salaries of Ministers Act, 1947 which was having effect prior to the commencement of this Act.
by Faim Khalilkhan Pathan.