The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2014

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The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2014 (Act no. 8 of 2014) has received the assent of President of India on 4th March, 2014 and it was enacted with the object to amend the provisions of the Original Act of 1982 i.e. The Governors (Emoluments, Allowances and Privileges) Act, 1982 (Act no. 43 of 1982) dated 28th August, 1982 which was to provide for provisions for determining what should be emoluments, allowances and privileges the Governors should enjoy. This Act in general is seeking increase in emoluments and pension for ex-Governors. Formerly, the Ex-Governors were not getting any pension or post-retirement benefits except medical facilities as per Rules. However, on passing this Amending Act of 2014 the secretarial assistance in the form of one personal assistant, who will paid salary, can be appointed during the life time of the Ex-Governors.

The Governors of the State being executive head, their recognition is made under Chapter II of the Constitution of India, the Articles 153 to 237 of the Indian Constitution makes provisions thereof. The Appointment of such Governors for the States is specifically given under Article 153 and 155 thereof, where such Governors to be appointed by the President of India, and the Article 154 deals with vesting of executive powers of the States in the Governors. And other provisions thereof provide for qualifications, term of their offices, etc.

The Original Act of 1982 under its section 2, defines certain important terms, which are provided or used under different provisions thereof, for better interpretation of the provisions of that Act. The most important term, i.e. ‘Governor’ was defined as per first clause (clause a) of the Section, however, this Amending Act of 2014 provide for a new clause in place of clause (a) of the section and by doing so, it sought to insert the definition of ‘Ex-Governor’ as a person who was being Governor of State or more States, unlike the one who is discharging the functions of the Governor of State of more States.

Similarly, this Amending Act of 2014 sought inserting new section namely, Section 12A after the original Section 12 of the Act of 1982. The new provision of Section 12A deals with entitlement of Ex-Governor Secretarial Assistance of one Personal Assistant for his remaining life on reimbursement basis. However, such Ex-Governors should not be entitle to aforementioned Secretarial Assistance for the period for which they are again appointed as Governor or otherwise for the period for which they are being elected to Parliament or State Legislature or even have been appointed to any profit making office.

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Moreover, as the provision of section 13 of the Original Act deals with power of President to frame rules on given matters provided under the list of clauses under that section. The Amending Act of 2014 provides for the one another such clause, whereupon the President is empowered under aforesaid section to make rule. The clause is numbers as clause (h) which provides that the president to make rule for prescribing manner in which the secretarial assistance and reimbursement under Section 12A, as aforesaid, can be provided to the Ex-Governor. Similarly, the section 3 of the original Act was also amended with the view to provide rupees 1 lakh, 10 thousands per mensem in place of rupees 30 thousands per mensem as emoluments to every Governors of the State.

The Original Act was also amended by the First Act of 2009 i.e. The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2008 where, the section 2 of the Act was amended and for the original clause (c) of the section, the new one was substituted with the insertion of the ‘dependent parents’ in the definition of ‘Members of family in relation to the Governor, which was originally including only, spouse and dependent children.

However, the Governors (Emoluments, Allowances and Privileges) Amendment Act, 2008 was sought to be repealed wholly, by the Repealing and Amending (Second) Bill, 2014.

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by Faim Khalilkhan Pathan.