Daily Allowance

§15

Summary

15. 1[(1)] 2[Every member whether or not he holds any office referred to in clause (i) of section 2 shall be entitled to daily allowance at the rate of 3[two thousand and five hundred rupees] per day which shall be calculated in accordance with the following principles, namely :- (i) the allowance shall be payable for each day of attendance during the session of the Assembly or the Council, as the case may be, or at any sittings of any Committee thereof; (ii) the allowance shall also be payable for one day before and one day after a continuous sitting of the Assembly or the Council, as the case may be, provided that the member is present at the place of such continuous sitting on those days; (iii) the allowance shall also be payable for the days of adjournment in the course of a continuous sitting of the Assembly or Council or of its Committee, as the case may be, and for the holidays falling in between such continuous sitting, provided that the member is presents at the place of sitting on all such days; (iv) the allowance shall also be payable for the number of days not exceeding four which intervene between the last day of a sitting of the Assembly or the Council or of its Committee, and the first day of the sitting of the same or another Committee or of the Assembly or the Council, provided that the Member is present at the place of sitting on all such days; (v) where in a case falling under clause (iii) or clause (iv), a member leaves the place of sitting for his residence or for his constituency, he shall, notwithstanding anything contained in section 14, be entitled to a daily allowance in accordance with the provisions of this section or incidental charges in accordance with section 14, whichever is less: 4[(v-a) the allowance shall also be payable to a member for his visits to Lucknow as Chairman of any committee in connection with the work of such committee, other than the meeting of such committee, in case no such allowance is otherwise payable to him under any other provision of this section provided that no such allowance shall be payable for more than two visits in a calendar month and for more than two days per such visit ; (v-b) the allowance shall also be payable for attendance in any meeting, seminar or study course referred to in clause (d) of section 14;] (v-bb) 5[ * * * * * ] (v-c) 5[ * * * * * ] (vi) 6[ * * * * * ] 7[Provided that if a member does not attend the sitting of Assembly or Council, as the case may be, on a day or more during a session or at any sittings of any Committee thereof, he shall not be entitled for the daily allowance admissible under sub-section (2) for the days of such absence.] Explanation :- For the purposes of the section, a sitting shall be deemed to be continuous if the number of days between the last day of a meeting and the last day of another meeting is not more than four. 8(2) Every member whether or not he holds any office referred to in clause (i) of Section 2 and the Leader of Opposition shall be entitled to daily allowance at the rate of two thousand rupees per day for the days during which he tours for the works inthe service of the public and for which the allowance or incidental charges under subsection (1) are not, may not be admissible.] 9[Provided that a member shall not be entitled to the daily allowance admissible under sub-sections (1) or (2) for the period of his confinement in a jail except the day of his discharge.] 10[***] 11[(4) The daily allowances mentioned in sub-sections (1) and (2) (2) shall be increased after every five years commencing from 1st April, 2025 on the basis of Cost Inflation Index provided under clause (v) of Explanation to Section 48 of the Income-tax Act, 1961 (Act No.43 of 1961).]

15. 1[(1)] 2[Every member whether or not he holds any office referred to in clause (i) of section 2 shall be entitled to daily allowance at the rate of 3[two thousand and five hundred rupees] per day which shall be calculated in accordance with the following principles, namely :- (i) the allowance shall be payable for each day of attendance during the session of the Assembly or the Council, as the case may be, or at any sittings of any Committee thereof; (ii) the allowance shall also be payable for one day before and one day after a continuous sitting of the Assembly or the Council, as the case may be, provided that the member is present at the place of such continuous sitting on those days; (iii) the allowance shall also be payable for the days of adjournment in the course of a continuous sitting of the Assembly or Council or of its Committee, as the case may be, and for the holidays falling in between such continuous sitting, provided that the member is presents at the place of sitting on all such days; (iv) the allowance shall also be payable for the number of days not exceeding four which intervene between the last day of a sitting of the Assembly or the Council or of its Committee, and the first day of the sitting of the same or another Committee or of the Assembly or the Council, provided that the Member is present at the place of sitting on all such days; (v) where in a case falling under clause (iii) or clause (iv), a member leaves the place of sitting for his residence or for his constituency, he shall, notwithstanding anything contained in section 14, be entitled to a daily allowance in accordance with the provisions of this section or incidental charges in accordance with section 14, whichever is less: 4[(v-a) the allowance shall also be payable to a member for his visits to Lucknow as Chairman of any committee in connection with the work of such committee, other than the meeting of such committee, in case no such allowance is otherwise payable to him under any other provision of this section provided that no such allowance shall be payable for more than two visits in a calendar month and for more than two days per such visit ; (v-b) the allowance shall also be payable for attendance in any meeting, seminar or study course referred to in clause (d) of section 14;] (v-bb) 5[ * * * * * ] (v-c) 5[ * * * * * ] (vi) 6[ * * * * * ] 7[Provided that if a member does not attend the sitting of Assembly or Council, as the case may be, on a day or more during a session or at any sittings of any Committee thereof, he shall not be entitled for the daily allowance admissible under sub-section (2) for the days of such absence.] Explanation :- For the purposes of the section, a sitting shall be deemed to be continuous if the number of days between the last day of a meeting and the last day of another meeting is not more than four. 8(2) Every member whether or not he holds any office referred to in clause (i) of Section 2 and the Leader of Opposition shall be entitled to daily allowance at the rate of two thousand rupees per day for the days during which he tours for the works inthe service of the public and for which the allowance or incidental charges under subsection (1) are not, may not be admissible.] 9[Provided that a member shall not be entitled to the daily allowance admissible under sub-sections (1) or (2) for the period of his confinement in a jail except the day of his discharge.] 10[***] 11[(4) The daily allowances mentioned in sub-sections (1) and (2) (2) shall be increased after every five years commencing from 1st April, 2025 on the basis of Cost Inflation Index provided under clause (v) of Explanation to Section 48 of the Income-tax Act, 1961 (Act No.43 of 1961).]

← Previous Section Next Section →

Explore this Chapter