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2. Definitions.-

In this Act,-

(a) "committee" means a Committee of either House of Parliament, and includes a Joint Committee of both Houses;

3[(aa) "dependent" means any of the following relatives of a deceased member, namely:-

(i) a minor legitimate son, and an unmarried legitimate daughter and a widowed mother; or

(ii) if wholly dependent on the earnings of the member at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm; or

(iii) if wholly or in part dependent on the earnings of the member at the time of his death,-

(a) the parent; or

(b) a minor brother or an unmarried sister; or

(c) a widowed daughter-in-law; or

(d) a minor child of a pre-deceased son; or

(e) a minor child of a pre-deceased daughter where no parent of the child is alive; or

(f) the paternal grandparent if no parent of the member is alive; or

(g) such other person as may be specified by the rules made under section 9 by the Joint Committee;]

(b) "member" means a member of either House of Parliament, 4[but, save as otherwise expressly provided in this Act, does not include]-

(i) a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952); 5***

6[(ii) a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977); and]

7[(iii)] an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953 (20 of 1953);

(c) "new member" means a member who takes his seat in either House of Parliament after the commencement of this Act and includes a member who is re-elected or re-nominated;

(d) "period of residence on duty" means the period during which a member resides at a place where a session of a House of Parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business, and includes-

(i) in the case of session of a House of Parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately succeeding the 1[date on which the House of Parliament is adjourned sine die or for a period exceeding seven days], and

(ii) in the case of a sitting of a committee or any other business a period of such residence, not exceeding two days, immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business;

Explanation.-A member who ordinarily resides at a place where a session of a House of Parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business (including the three or two days immediately preceding or succeeding), be deemed to reside at such place for the purpose of attending such session or sitting or, as the case may be, for the purpose of attending to such other business;

(e) "term of office" means,-

(a) in relation to a person who is a member at the commencement of this Act, the period beginning with such commencement and ending with the date on which his seat becomes vacant;

2[(b) in relation to a new member,-

(i) where such new member is a member of the Council of States elected in a biennial election, or nominated, to that House, the period beginning with the date of publication of the notification in the Official Gazette notifying his name under section 71 of the Representation of the People Act, 1951 (43 of 1951); or

(ii) where such new member is a member of the House of the People elected in a general election held for the purpose of constituting a new House of the People, the period beginning with the date of publication of the notification of the Election Commission under section 73 of the said Act; or

(iii) where such new member is a member of either House of Parliament elected in a bye-election to that House or a member nominated to the House of the People, the period beginning with the date of his election referred to in section 67A of the said Act or, as the case may be, the date of his nomination, and ending with, in each such case, the date on which his seat becomes vacant.]

1. Subs. by Act 55 of 1958, s. 2, for "end of the session" (w.e.f. 1-6-1954).

2. Subs. by Act 105 of 1976, s. 4, for sub-clause (b) (w.e.f. 9-9-1970).

3. Section 3 numbered as sub-section (1) thereof by Act 13 of 2018, s. 142 (w.e.f. 1-4-2018).

4. Subs. by Act 37 of 2010, s. 2, for "a salary at the rate of sixteen thousand rupees per mensem" (w.e.f. 1-10-2010).

5. Subs. by Act 13 of 2018, s. 142, for "fifty thousand rupees" (w.e.f. 1-4-2018).

6. Subs. by Act 55 of 1958, s. 3, for "plus" ((w.e.f. 1-6-1954).

7. Subs. by Act 37 of 2010, s. 2, for "an allowance at the rate of one thousand rupees for each day" (w.e.f. 1-10-2010).



Salary, Allowances and Pension of Members of Parliament Act, 1954 Back




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