The Salary and Allowances of the leader of Opposition in the Assam Legislative Assembly Act, 1978
Reg1st~rc.u No,- A 12

### The A s~;am Gazet t~· ·

Of}fl6T~Cf

###### EX TRAQRDiNAR'I

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; ~ 105 f~-t~~. C'ft~~f<i, 3 ~-'iilt~, 1978, 12 '1!!t~R t 1900 ("1<1>)

No, 105 Dispar, Mon:hy, 3rd July, Una, 12th Asadha ,

1900 (S. E.)

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GOVERNMENT OF ASSAM

###### ORDERSBYTHEGOVERNOR

LEGISLATIVJ! DEPARTMENT

NOTlFICATION

The 1st July 1978

No.LGL.138/77/23.-The followi r. g Act of the Assam Legislative

Assembly which received the assent of the Goyernor is hereby
published for general information.


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742 **THE** ASSAM GAZETTE. EXTRAORDINARY, JULY 3, 1978

ASSAM ACT VI OF 1978

(Received the assent of the Governor on the 29th June, 1978)

TITE SALARY AND ALLOWANCES OF· THE LEADER

###### OF OPPOSITION . IN THE ASSAM LEGISLATIVE
ASSEMBLY ACT, 1978

AN

ACT

###### to provide for the salary and allowances of the Leader of

_Opposition in the Assam Legislative Assembly._

Be it enacted by the Assam Legislative
Assembly in the Twenty-ninth Year of the
Republic of India as follows:-

Short title 1. _(1)_ This Act may be called the Salary and

com ~n.:~ce- Allowances of the Leader of Opposition in the
ment. Assam Legislative Assembly Act, 1978.

(2) It shall come into force on such date as
###### the State Government may, by notification in the

official Gazette, appoint.

Definition. 2. In this Act, "Leader of Opposition", means

###### that member of the Legislative Assembly, who is,
for the time being, the Leader of the party in
Opposition in the House, having the greatest

###### numerical strength and recognised as such by
 the Speaker.

 Explanation.-Where there are two or more parties in opposition in the House having the
same numerical strength, the Speaker shall,

having regard to the status of the parties, recog-
nise any one of the Leaders of such parties as the
###### Leader of Opposition for the purpose of this
section and such recognition shall be final and

conclusive.

Sa!adry of thfe 3. There shall be pald to the Leader of

Lea er o 0 . . 1 f th d
Opposition. ppos1hon a sa ary o rupees one ousan per

mensem.


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THE ASSAM GAZETTE, EXTRAORDINARY, JULY 3, 1978 743

Residence for 4 (1) The Leader of Opposition shall be
the Leader            -

of provided with free furnished residence with
Opposition. grounds appurtenant thereto, at the headquarters

.of th.e Government.

(2) Such residence and the grounds appur-

###### tenant thereto, shall be maintained at the public
expense which shall not exceed the amount
prescribed by rules:

Provided that if the Leader of Opposition

does not occupy the free furnished residence
provided by the Government, a house rent allo-
wance at the rate of Rupees Two hundred and
fifty per mensem               - and such service allowances

as may be prescribed by Rules shall be paid in
lieu of such residence.

###### Explanation.-For the purpose of this section
 the expression "the public expense" shall include
such expenses as may be prescribed by Rules.

Travellin~ 5. Subject to any rules made in this behalf

~~~wa~:~ly by the State Government, the Leader of Oppo-
to the sition shall be entitled to-

Leader of

Opposition0
(a) travelling allowances for himself and

###### the members of his family and for transport of
his and his family's effects-

(i) in respect of the journey to the state

capital from his Usual place of residence
outside the capital for assuming office;

and

(ii) in respect of the journey from the

capital to his usual place of residence
outside the capital on relinquishing
office; and

(b) travelling and daily allowances in respect
of tours undertaken by him in the discharge of
his duties as the Leader of Opposition, whether
by sea, land or air.


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714 THE ASSAM GAZETTE, EXT~~AORDINARY, JULY 3, 1978

Medical 6. (i) The Leader of the Opposition and the
trea tment
etc. to the members of his family shall .be entitled
Leader O pposi tion. of to such medical treatment and benefits

as may be laid down by rules to be
made by the State Government.

_Explanation.-For_ the purpose of this section
###### the explanation "the members of his family'i

shall mean and include such members as may be
prescribed by Rules.

(ii) Those who are entitled to free medical
attendance and treatment may take the
same from any registered physician of
###### their choice- Allopathic, Ayurvedic,

Unani or Homeopathic and medical
bills on prescription of such physician
###### are re-imbursable.

Leader: . of 7. The Leader of Opposition in receipt of a

Oppos1t1on l h'
not to draw ~a ary or allowance under t is Act shall not be
salary or entitled to receive any sum out of funds provided
allowances       -

as Member by the House by way of salary or allowances m

oLr . ~he respect of his membership of the Legislative
eg1slative

Assembly. Assembly.

Ameniti es to 8. (1) SubJ'ect to any rules made in this
the Leader

of behalf by the State Government, the Leader of
Opposition. Opposition shall be entitled to telephone and

secretarial facilities.

(2) The State Govennment may, from time
to time, purchase and provide, suitable conveya-
nces for the use of the Leader of Opposition and
###### may by Rules provide for their maintenance

and repair.

(3) Leader of Opposition shall further be

entitled to a conveyance allowance          - f Rupees
two hundTed per mensem:

Provided that if the Leader of Oppositon
chooses to maintain his own car, he shall be

entitled to a conveyance allowance of Rupees

###### three hundred per mensem.


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THE ASSAM GAZETT E. EXT RAOR DfNA RY . JULY 3, 1978 745

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N.,tification 9. The date on which any person became or

~~;~;\'~go n ceased to be the Leader of Opposition shall be
which a published in the Official Gazette, and any such

~=~~ 11 b~; notification shall be conclusive      - evidence of the

ceased to be fact that he became or ceased to be, the Leader
the Lead er . . ' 11 h f
or o ,, posi- of Oppos1t10n on that date for a t e purposes o

tio n t~ be this Act.

conclusive
evidence

t he r~o f.

Power to 10. (1) The State Government may, by notifi       -

make rules. cation in the official Gazette, make rules for
###### carry ing out the purposes of this Act.

(2) In particular, and without prejudice to
###### the generality of the foregoing power, such rules
may provide for all or any of the following mat-
ters, namely :-

(a) the travelling and daily allowance
admissible to the Leader of Opposition under
section 5;

(b) the medical treatment admissible to the
Leader of Opposition and the members of his fami-
###### ly under section 6 ;

(c) the telephone and secretarial facilities ,

conveyance and conveyance allowance admissible
to the Leader of the Opposition under section 8.

(3) Every rule made under this section shall
be laid, as soon as may be after it is made, before
###### the Assam Legislative Assembly while it is in

session for a total period of fourteen days which
###### may be comprised in one session or in two succes-

sive sessions, and if, before the expiry of the
session in which it is so laid or the session imme-
diately following, the Assam Legislative
Assembly agree in making any modification in
###### the r ule or the Assam Legislative Assembly

agree that the rule should not be made, the rule

shall thereafter have effect only in such modified

form or be of no effect, as the case may be ; so
however, that any such modification or annul-
ment shall be without prejudice to the validity of

any thing prev iously done under that rule.


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746 THE ASSAM GAZETTE. EXTRAORDINARY, JULY 3, 1978

Amcn~m e~1t 11. In the Assam Legislative Assembly
or of sectlon the Assam 'L. M i.e1L •b ers ' S 1 · a ar1es a1, ~ct All owances A t 1958 .. c , , in

Act, xrv Section 2, full stop at the end shall be deleted'
or [1958]• and the following shall be added to at the end
"or the Leader of Opposition."

Amendment 12. In the Assam State Legislatul'e Members

s~~~e t~g~~ (Removal of Disqualifications) Act, 1950,-

lature Mem-

b~r s (Re-
moval or In the schedule appended . to Section 2, the

DisquaJifica- following shall be added namely·-
tions) Act, '          -

1950 (Assam

Act XIII of
1950). "12. The Leader of Opposition as defined in

the Salary and Allowances of the Leader of

Opposition in the Assam Legislative Assembly

###### Ad, 1978".

U. TAHBlLDAR,
Secretary to the Government of As< am,

Leg'slatiye Department.

GAUHATI-Printed and published by tt·.e Supdt. ilc., Assam Govt. Printin~ Preif,

(Ex-Gazette) No.209- c 32+250-3-7-1978.                -


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