SIKKIM, MINISTERS, SPEAKER, DEPUTY SPEAKER AND MEMBERS OF THE
LEGISLATIVE ASSEMBLY (SALARIES AND ALLOWANCES) ACT, 1977

An ACT to provide for the salaries and allowances of the Ministers, the Speaker, the Deputy Secretary and Members of the Legislative Assembly of the State of Sikkim. Be it enacted by the Legislature of Sikkim in the Twenty-eighth Year of the Republic of India as follows:-

1. Short Title and Commencement

a. This Act may be called the Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Act, 1977.

b. The provisions of this Act shall come into force at once except the provisions of Section 3 which shall come and shall always be deemed to have come into force with effect from the 1st day of April, 1976.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-

a. 'Assembly' means the Legislative Assembly of the State of Sikkim.

b. 'Chief Minister', 'Minister', ' Minister of State' and 'Deputy Minister' shall mean respectively the Chief Minister, a Minister, a Minister of State or a Deputy Minister of the State of Sikkim. 'Committee' means a Committee of the Assembly and includes a Committee appointed by the State Government.

c. 'Deputy Speaker' means a Deputy Speaker of the Assembly.

d. The husband, as the case may be, and minor children of such person and also the parents and adult children of such person if such parents and adult children are wholly dependent on such person.

e. 'Furnished' means provided with furniture and fittings on such scale and within such limits as may be prescribed.

f. 'Maintenance' in relation to a residence shall include repairs, structural addition and alterations and provisions of connections for water and electricity and payment of municipal rates and taxes and other charges in respect of the residence.

g. 'Member' means a member of the Assembly other than the Chief Minister, a Minister, a Minister of State, a Deputy Minister, the Speaker and the Deputy Speaker and shall include a member acting as Speaker in the absence of the Speaker and the Deputy Speaker.

h. 'Month' shall mean a month reckoned according to the English Calendar.

i. 'Prescribed' means prescribed by rules made under this Act.

j. 'Rent' includes charges for electricity and water.

k. 'Residence' includes the garage, garden, lawn, quarters for the staff; servants, security personnel or guards and guest house within the compound of the residence.

l. 'Session' means the whole period from the time when the Assembly meets to the time it is prorogued.

m. 'Speaker' means the Speaker of the Assembly and shall include a member of Assembly appointed by the Governor to perform the duties of the Speaker when the post of the Speaker and the Deputy Speaker are vacant.

3. Salaries and Allowances

i. There shall be paid to the Chief Minister, the Minister, the Minister of State, the Deputy Minister, the Speaker and the Deputy Speaker such monthly salaries as specified in the Schedule.

ii. There shall be paid to the Chief Minister, the Minister and the Speaker and the Deputy Speaker such monthly sumptuary allowances as specified in the Schedule.

iii. There shall be paid to every member of the Assembly-

a. a salary at the rate of four thousand rupees per month;

b. a consolidated allowance at the rate of fifteen hundred rupees per month for his travelling and other expenses necessary for attending the meetings of the Assembly; and

c. a constituency allowance of two thousand rupees per month.

4. Residence

i. The Chief Minister, the Minister, the Minister of State, the Deputy Minister, the Speaker and the Deputy Speaker shall be entitled without payment of rent to the use of a furnished residence in Gangtok throughout the term of his office and for a month after he ceases to hold such office.

ii. Where any of the persons mentioned in sub-section (1), is not provided with any residence under sub-section (1), he shall be paid an allowance at the rate of three thousand rupees per month so long as he is not provided with any such residence.

iii. All expenditure for maintenance and furnishing of any residence provided under sub-section (1) shall be borne by the Government.

iv. Every member shall be entitled to such residential accommodation as may be prescribed at the place of the sitting of the Assembly during the session or a meeting of a Committee.

5. Conveyance

i. The Chief Minister, the Minister, the Minister of State, the Deputy Minister, the Speaker, and the Deputy Speaker shall be provided with free vehicle and driver and all expenses for the salaries and allowances of the driver, cost of fuel, upto such limit as may be prescribed, expenditure on maintenance and repairs of the vehicle shall be borne by the Government.

ii. Where any of the persons mentioned in sub-section (1) is not provided with the facilities of conveyance as specified therein, he shall be paid a conveyance allowance at the rate of four hundred rupees per month and shall in addition be provided with a driver under the employment of the Government.

iii. Every member shall be provided with a free non-transferable first class pass for travelling by railway from and to any place in India for a distance of not exceeding eight thousand kilometres in the aggregate in any financial year and also a free non-transferable pass for travelling within the State of Sikkim by any transport service vehicle owned, controlled or managed by the Government.

6. Medical Facilities

i. The Chief Minister, the Minister, the Minister of State, the Deputy Minister, the Speaker, the Deputy Speaker and the members along with their family shall be entitled to free medical attendance and treatment in any of the Government hospitals of the State and also such other medical facilities as may be prescribed.

7. Travelling Allowances

i. The Chief Minister, the Minister, the Minister of State, the Deputy Minister, the Speaker, the Deputy Speaker and the members shall be entitled to travelling allowance while on tour on public business at such rates and subject to such conditions as may be prescribed.

ii. The members shall be entitled to such travelling allowances and facilities at such rates and subject to such conditions as may be prescribed, for attending the meeting of the Committee.

7. A.Telephone Facilities

i. Every Member shall be provided with a telephone at his residence if located within and around Gangtok for the term of his office and all expenses for initial deposit, rental and official trunk call charges and local charges upto such limit as may be specified from time to time by the Government shall be borne by the Government.

ii. In the case of a Member already having a telephone at his residence, if located within and around Gangtok the rental and official trunk call charges and local charges upto such limit as may be specified from time to time by the Government shall be borne by the Government for the term of his office.

8. Power to make rules

i. The State Government may make rules for carrying out the purposes of this Act and, in particular for any of the matters required to be prescribed under any of the foregoing provisions of this Act.

9. Repeal and Savings

i. All laws including rules, regulations, orders, notifications, circulars or other provisions in respect of any matter governed by this Act, made or issued prior to the commencement of this Act, shall cease and shall always be deemed to have ceased to have any force or effect on and from such commencement.

ii. Notwithstanding anything contained in sub-section (I), all claims under any of the provisions mentioned in sub-section (I) relating to the period prior to the commencement of this Act, and remaining unpaid or unadjusted on the date of the commencement shall be paid or adjusted, as the case may be under the said provisions as if this Act had not come into force.

iii. Any order issued, claims paid, payments made or any other action taken before the commencement of this Act in respect of salaries and allowances including advance payment thereof and all other matters governed by this Act shall be deemed to have been validly issued, paid, made or taken duly and properly and under proper legal authority.

S C H E D U L E
[Section 3 (1) and section 3(2)]

Designation Salary Sumptuary Allowance 1. Chief Minister Rs. 9500/- Rs. 5000/- 2. Speaker Rs. 8500/- Rs. 4500/- 3. Minister Rs. 7500/- Rs. 4000/- 4. Deputy Speaker Rs. 7500/- Rs. 4000/- 5. Minister of State Rs. 6500/- Rs. 3000/- 6. Deputy Minister Rs. 5500/- Rs. 2500/-

NOTE: The Principal Act which is Sikkim Salaries and Allowances Act, 1977 (No. 4 of 1977) was notified vide Notification No. 4/LL/1977 dated 31st March, 1977 and published in the Government Gazette Extraordinary No. 36 dated 7th April, 1977.

The following amendments have been subsequently made and incorporated:-

1. The Sikkim Salaries and Allowances (Amendment) Act, 1978 (Act No. 10 of 1978) published in the Extraordinary Gazette No. 44 of 1978.

2. The Sikkim Salaries and Allowances (Amendment) Act, 1980 (Act No. 6 of 1980) published in the Extraordinary Gazette No. 36 of 1980

3. The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Amendment Act, 1980 (Act No. 10 of 1980) published in the Extraordinary Gazette No. 77 of 1980.

4. The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Amendment Act, 1986 (Act No. 10 of 1986) published in the Extraordinary Gazette No. 106 of 1986.

5. The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Amendment Act, 1990 (Act No. 1 of 1990) published in Extraordinary Gazette No. 57 of 1990.

6. The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Amendment Act, 1991 (Act No. 5 of 1991) published in Extraordinary Gazette No. 144 of 1991.

7. The Sikkim Ministers, Speaker, Deputy Speaker and Members of the Sikkim Legislative Assembly (Salaries and Allowances) Amendment Act, 1998 (Act No. 4 of 1998) published in the Extraordinary Gazette No. 215 of 1998.