The Governors (Emoluments, Allowances and Privileges) Act, 1982

The Governors (Emoluments, Allowances and Privileges) Act, 1982 came into existence on 1 April 1987 was enacted by Parliament on 33rd year of Republic of India which extends to the whole of India except State of Jammu and Kashmir.

Section 2 of the said Act explains about different words used like Governor, Maintenance, Members of the Family, Official Residences, Rules and State.  Governor is a person discharging the functions of any State or States.  Maintenance includes electricity, gas, water expenses, with regard to motor vehicle it is the petrol or oil prices. Members of the family are Governor’s spouse, and his dependents. Official residences includes staff quarters and other buildings and gardens too. Rules are that which are made under the said Act. State does not include Union Territory.

Section 3 of the Act explains about the emoluments that are paid to the Governor i.e.1,10,000.00 per mensem. But this can be reduced if the Governor when appointed has been receiving any other pension or receiving any contribution from provident fund under Government of India from his previous service. Under Section 4 of the Act, Governor is entitled to leave allowances. President can grant leave to the Governor if he finds it necessary. Such leave granted to Governor shall be a paid leave allowance which the President may determine by an order. If any reduction in allowance to be given to the Governor has to be made then it will be done under the provisions of Section 3 of the Act. Official residence will be provided to the Governor throughout his term in the office as a Governor and he shall not pay any rent to such building/residence. All the expenses relating to household establishment provided to the Governor shall not be charged on the Governor personally.

Governor and his family members are provided with free medical treatment, and accommodation in the hospitals and that expenses will be maintained by Government of that particular state. President can by order determination that the Governor is entitled to motor vehicles and its maintenance will not be borne by the Governor personally but the Government. Governor is entitled to travelling allowance under Section 9 of the Act.  Governor along with his family members is entitled to such an allowance. This allowance is provided from place of his residence to place of his office.

President by an order can provide the Governor with allowances to renew and maintain the official residence under the Act. Section 11 states that Governor has been given certain privileges to enable him to discharge his duty. Governor is also paid special allowances like entertainment allowance, office expenses, hospitality grant, contract allowance, tour expenses, household establishment expenses and any other expenses as provided under the Act. Section 12 of the Act states that the President has power to increase the allowances provided to the Governor and by special order can increase the said amount. Every order made should be put before both Houses of Parliament.

President has the power to make rules for fulfilling the provisions of the said Act by giving notification in the Gazette. Such rules are made particularly on grant of leave of Governor, matters relating to provisions given to Governor under Section 6 of the Act, medical accommodation and motor vehicle use by family members of Governor, travel allowance, allowance to maintain the official residence. The rule that the President makes with regard to the governor has to be put before both the Houses of Parliament for a 30 day period when it is in session. When both the houses agree then only the rule can have an effect in any modified way.

Section 14 of the Act explains about the President’s order that he has issued before commencement of the said Act excluding to Governor of Nagaland shall be considered valid. Section 15 of the Act explains about saving which states that no rule can diminish the allowances provided to the Governor during his office period.

by Sushma Javare