THE LEADERS AND CHIEF WHIPS OF RECOGNISED PARTIES

AND GROUPS IN PARLIAMENT (FACILITIES) ACT, 1998

AND
RULES MADE THEREUNDER

 

 

MINISTRY OF PARLIAMENTARY AFFAIRS

NEW DELHI

 

 

CONTENTS

1.      The Leaders and Chief Whips of Recognised Parties                                  

      and   Groups   in Parliament (Facilities) Act, 1998.

 

2.      The Leaders and Chief Whips of Recognised Parties and                      

      Groups   in   Parliament (Telephone and Secretarial Facilities)

      Rules, 1999.

 

THE LEADERS AND CHIEF WHIPS OF RECOGNISED PARTIES

AND GROUPS IN PARLIAMENT (FACII.ITIES) ACT, 1998

 

(No. 5 of 1999)                         

 

                                                                                                                                  (7th January, 1999)

 

An Act to provide for facilities to Leaders and Chief Whips of recognised parties and groups in Parliament.

 

Be it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows:-

 

1.             SHORT TITLE AND COMMENCEMENT: - (1)  This Act may be called  the  Leaders  and  Chief  Whips  of  Recognised Parties  and Groups  in  Parliament  (Facilities)  Act, 1998.

 

        (2) It shall be deemed to have come into force on the 5th day of February, 2000.

 

2.             Definitions .-In this Act, unless the context otherwise requires,-

(a)    "recognised group" means,-

 

(i)  in relation to the Council of States, every party which has a strength of not less than fifteen members and not more than twenty-four members in the Council;

 

(ii) in relation to the House of the People, every party which has a strength of not less than thirty members and not more than fifty-four members in the House;

 

(b)    "recognised party" means,-

 

(i)  in relation to the Council  of  States, every party which has a strength of not less than twenty-five members in the Council;

(ii) in relation to the House of the People, every party which has a strength of not less than fifty-five members in the House.

 

3.             Facilities to the Leaders and Chief Whips of recognised groups and parties.- Subject to any rules made in this behalf by the Central Government, each leader, deputy leader and each chief whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities:

 

Provided that such facilities shall not be provided to such leader, deputy leader or chief whip, as the came may be, who---

 

(i)         holds an office of Minister as defined in section 2 of the Salaries and Allowances of Ministers             Act, 1952;

 

                  (ii)        holds an office of the Leader of the Opposition as defined in section 12 of the Salary and                               Allowances of Leaders of Opposition in Parliament Act, 1977; or

 

(iii)               is entitled to similar telephone and secretarial facilities by virtue of holding any office of, or representation in, a Parliamentary Committee or other Committee, Council, Board, Commission or other body set up by the Government; or

 

(iv)              is entitled to similar telephone and secretarial facilities provided to him in any other capacity by the Government or a local authority or Corporation owned or controlled by the Government or any local authority.

 

 

4.       Power to make rules.- (l) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

 

(2) Every rule made under sub-section  (1) shall be laid, as soon as may be after it is made, before each House of parliament, while it is in session,  for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if,  before  the  expiry  of  the  session  immediately following  the  session  or  the  successive  sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made,  the rule shall thereafter have effect only in each modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

 

5.       Amendment of, section 3  of  Act 10 of 1959.- In the Parliament (Prevention of  Disqualification )   Act, 1959, in section 3,-

 

(i)                  after clause (ab) , the following clause shall be inserted, namely:—

 

"(ac)  the  office  of  each  leader and each deputy leader of  a recognised party and a recognised group in either House of Parliament;"

 

(ii)        After   Explanation 2, the following Explanation shall be inserted, namely:—

 

'Explanation  3.-   In   clause   (ac),   the expressions  "recognised  party"  and  "recognised group" shall have the meanings assigned to them in the Leaders and Chief Whips of Recognised parties and Groups in Parliament (Facilities) Act, 1998.'

 

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THE LEADERS AND CHIEF WHIPS OF RECOGNISED PARTIES

IN PARLIAMENT (TELEPHONE AND SECRETARIAL FACILITIES)

RULES, 1999

 

(4th February, 1999)

            In exercise of the powers conferred by Section 4 of the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998 (5 of 1999), the Central Government hereby makes the following rules namely:-

 

1.             Short title.- (1) These rules may be called the Leaders and Chief Whips of Recognised Parties and Groups in Parliament  (Telephone and Secretarial  Facilities) Rules, 1999.

 

                     (2) They shall come into force from the date of their publication in the

                     Official Gazette.

 

2.     Definitions.- In these rules,-

(i)   "Act"  means  the  Leaders  and  Chief  Whips  of Recognised  Parties  and  Groups  in  Parliament (Facilities) Act, 1998 (5 of 1999).

 

(ii)  the    expressions    "recognised   party"    and "recognised  group"   shall  have  the  meaning assigned to them under section 2 of the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998 (5 of 1999).

 

 

3.       Telephone Facilities.-  (1) Each leader , each deputy leader and each chief whip of a recognised party or group shall not be liable to make any payment in respect of the installation and rental of one telephone installed either at his office or residence in Delhi or New Delhi and he shall not be liable to make may payment in respect of any calls from that telephone during his tenure as such leader, deputy leader and chief whip subject to his certifying that the calls were made in the discharge of his duties as such leader, deputy leader and chief whip.

 

(2)  The facility under sub-rule (1) shall be in addition to the telephone facilities admissible to him as a Member of Parliament under the Housing and Telephone Facilities (Members of Parliament) Rules, 1956.

 

4.             Secretarial facility.- Each leader, each deputy leader and each chief whip of a recognised party or recognised group shall be entitled to the following secretarial facility:-

 

Stenographer                                           - one

(Private Secretary Grade III in the

 pay scale of Rs.8000-13,500)

 

 

5.             Facilities to be temporary and  co-terminus.- The telephone and secretarial facilities admissible under rules 3 and 4 of these rules shall be temporary and co-terminus with the tenure as the leader, deputy leader or chief whip of the recognised party or recognised group.

 

6.     The telephone and secretarial facilities admissible under rule 3 and 4 shall not be provided to such leader, deputy leader or chief whip , as the case may be , as mentioned in the proviso to section 3 of the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998.

 

 

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