The Salaries and Allowances of Ministers (Amendment) Act, 2009

The Salaries and Allowances of Ministers (Amendment) Act, 2009 (Act no. 2 of 2010) was assented by the Hon’ble President of India on 21st January, 2010 and the same was enacted with the view to amend the original Act of 1952 i.e. The Salaries and Allowances of Ministers Act, 1952 (Act no. 58 of 1952), which was provide with the object to provide salary and allowances for the Ministers of Council of Ministers, including Prime ministers and others.

The Amending Act is enacted with a sole motive to amend the provision of section 6 of the Original Act. And more specifically, the sub section (1A) thereof. The original Act of 1952 did not originally provide for this provision. The said Sub section (1A) was added to the original Section 6 in the year 2001 by The Salaries and Allowances of Ministers (Amendment) Act, 2001 (Act no. 44 of 2001). The Amending Act of 2001 was enacted to amend the provisions of Original Act of 1952, especially, section 5 and 6 thereof. Section 5 after the amendment deals with Sumptuary allowances to the ministers. The original Section 6 deals with provision for travelling and daily allowances to the Ministers of Council of Minsters. Such travelling allowances were not only provided to them, but also to their family members. As such the sub section (1A) was making provisions to the effect that, such travelling allowances to the ministers and their family members will be provided for 12 times journeys in the year, whether they travel together or separately similar to that of tours as has been provided under clause (b) of sub section 1 of the Section 6. There was to be overall forty eight single journeys in every year. However, the Amending Act of 2010 amends the provision by substituting new one in that place. The substituted provision of sub section (1A) says that, the Ministers are to be paid the equivalent amount to the fare for a single journey, for every year within India. Such journey can be either alone or along with spouse, legitimate or step children residing and dependant on him or any number of companions or relatives similar to the rate provided for tour allowances. There is maximum number of such journey given forty in the year.

As the new Act of 2010 has modified the sub section (1A) of Section 6 of the original Act, as amended by the Amending Act of 2001, the recommendation was made for its repeal and as such the Repealing and Amendment (Second) Bill, 2014 mentioned the Salaries and Allowances of Ministers (Amendment) Act, 2001 for repealing entirely.

by Faim Khalilkhan Pathan.