Saturday, August 13, 2016

Was/Is Delhi Legislative Assembly legally competent to pass Delhi Janlokpal Bill, 2015 or any other similar/allied/modified Law

In terms      
In terms of MHA notification S.O.1368(E) dated 21.05.2015 and subsequent Delhi High Court Judgment dated August 4, 2016 thereon, the matters connected with 'Services' fall outside the purview of the Legislative Assembly of NCT of Delhi and thus, are also outside the executive power of Government of NCTD. The Hon’ble Delhi High in said judgment (vide paras 156, 157, 158) held that there are only two Services under the constitutional scheme. One is of the Union and the other is of each State. These two subjects are expressly covered by two Entries in Schedule VII, i.e. Entry 70 (Union Public Services; All India Services; Union Public Service Commission) of List I and Entry 41 (State Public Services; State Public Service Commission) of List II. There is no separate service cadre of any Union Territory. THE SERVICES OF ALL UNION TERRITORIES INCLUDING NCT OF DELHI ARE SERVICES OF THE UNION. THEREFORE, THE SERVICES UNDER NCT OF DELHI  ARE NECESSARILY THE SERVICES OF THE UNION. The Part XIV of the Constitution deals with "Services under the Union and the States". Article 309 in Part XIV provides that Acts of the appropriate legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State. UNDER PART XIV, THERE IS NO SEPARATE CATEGORY OF SERVICES OF UNION TERRITORY. Hence, all services under NCT of Delhi which is a Union Territory are governed by Entry 70 of List I alone and THUS FALL BEYOND THE LEGISLATIVE COMPETENCE OF LEGISLATIVE ASSEMBLY OF NCT OF DELHI.
The said MHA Notification   directs that that the Lt. Governor of the NCT of Delhi shall in respect of matters connected with 'Services' exercise the powers and discharge the functions of the Central Government to the extent delegated to him from time to time by the President. Further, a Lt Governor office order dt 9-8-2016 directs that all services matters, including transfers/postings of IAS/DANICS officers, with the recommendations of Civil Services Board, in case of IAS officers, will be placed through Chief Secretary, Delhi directly before Lt Governor for his consideration and order. It is also pertinent to mention herein that vide order no. 480 dated 29.8.2016, the Lt. Governor of Delhi has notified the "Approving Authority" for transfer/posting of different category of employees working in Government of NCTD and according to which Lt. Governor is "approving authority" qua IAS/DANICS/All India Services Officers/Equivalent Officers of Central Civil Services, Provincial Civil Services, and Chief Secretary is "approving authority" qua Grade-I/II (DASS), Prinicipal Private Secretary & Senior  Personal Assistant, and Secretary Service is "approving authority" qua Grade-III/IV (DASS) & Grade- II/III (Stenographer), and Administrative Secretary/Head of the Departments of the department concerned is "approving authority" qua other employees of Cadre/Ex- Cadre with in the department concerned. Meaning thereby, even employees serving in various departments of the Delhi Administration as well as other statutory bodies over which the Lt. Governor exercises control are in fact "Central public servants/Central officers/Central employees". 
Moreover, Ministry of Law & Justice (Dept of Legal Affairs) advice (EO No. 20714/Advice-A/2016) to Ministry of Home Affairs (MHA) on an issue whether the Legislative Assembly of Delhi has the legal competence to enact “The Code of Criminal Procedure (Delhi Amendment) Bill, 2015) seeking to amend Section 176 of the Principal Act states on the basis of a Delhi High Court Judgment in the case of Delhi High Court Bar Association vs Govt of NCTD & Anr thus:
“Delhi Legislative Assembly has no power to effect legislation with respect to any subject on which there is an existing Central Legislation”.
It is noteworthy that Parliament has already passed the Lokpal and Lokayukta Act, 2013 [under entry 1(criminal law) and entry 2 (criminal procedure) of the List 111- Concurrent List of the Schedule 7 of the Constitution]  and same has been duly notified and enforced and has its sway over all central employees (including employees serving in various departments of the Delhi Administration as well as other statutory bodies over which the Lt. Governor exercises control in terms of forgoing discussion). Going by the above discussion it may conveniently be said that Delhi Legislative Assembly didn’t have legal competence to pass the Delhi Janlokpal Bill, 2015 (also passed under entry 1(criminal law) and entry 2 (criminal procedure) of the List 111- Concurrent List of the Schedule 7 of the Constitution] since a central law namely the Lokpal and Lokayukta Act, 2013 is already occupying the field. As a corollary, the Delhi Lokayukta and UpLokayukta Act, 1995 is also unconstitutional.  
NOTE:
Be that as it may, however, moot point remains as to whether proviso-1 to Article 239AA(3)(c) - enabling the Delhi Legislative Assembly to pass a law on a subject enumerated in State List or in Concurrent List  in variance with a pre-existing central law on that subject provided that if any such law made by the legislative assembly has been reserved for the consideration of the President and has received his assent  - has become redundant altogether for all purposes in the light of above advice of Union Ministry of Law & Justice purportedly drawing sustenance from a Delhi High Court Judgment?
 Article 239AA(3)(c) is reproduced below in extenso :   
If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or , as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void;
PROVIDED THAT IF ANY SUCH LAW MADE BY THE LEGISLATIVE ASSEMBLY HAS BEEN RESERVED FOR THE CONSIDERATION OF THE PRESIDENT AND HAS RECEIVED HIS ASSENT SUCH LAW SHALL PREVAIL IN NATIONAL CAPITAL TERRITORY ;
Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.
NOTE:
What is President Rule under Articles 356/357….Elected government of the State  is dismissed by the President (ie Central government)…Governance of State taken over by  President (Central government)… then power  delegated to Governor of the State….President (Central Government)  or Governor  NOMINATE some ADVISORS….Governor governs the State aided by  said NOMINATED ADVISORS  and State bureaucracy….Power of legislature of State exercisable by the  Parliament or under authority of Parliament…usually such power is delegated to President (Central government) and then delegated to the Governor….Meaning thereby, pursuant to MHA notification dt 21 May 2015 and Delhi HC jt dt 4-8-2016 thereon, Delhi  is under  full-fledged President Rule without invoking Articles 356 and 239AB (with only difference that in place of NOMINATED ADVISORS , the Delhi is having ELECTED ADVISORS in the form of elected legislature and elected council of ministers headed by a Chief Minister)

















Ratio of a recent Delhi High Court Judgment qua power tussle between Central Government - LG and Delhi Government

The Ratio discernible from a recent Delhi High Court Judgment comprised in 194 pages (Re GOVERNMENT OF NCTD VS UOI, WP (C) 7887/2015, DOD AUGUST 04, 2016) qua power tussle between Central Government - LG and Delhi Government may be summed up in few lines:
1. Delhi Legislative Assembly is a subordinate body to Central Government and Parliament.
2. Delhi “Council of Ministers” headed by Delhi “CM” is in fact an ELECTED “ADVISORY BODY” to a SELECTED “AGENT” (also called DELEGATEE) of the Central Government with a specific rider that matters on Police, Law & Order, Land and Services are absolutely “out of bounds” from the “terms of reference” of said “BODY”.
3. Delhi CM is an ELECTED “HEAD” of said “BODY”. [For all practical purposes, the Government of Delhi (i.e. NCTD) means Central Government - LG]

(Credit to Article 239AA; Government of NCTD Act, 1991; Government of NCTD Rules, 1993; MHA notifications vide Articles 239/239AA and LG office orders as an agent/delegate of Central Government/President and literal/grammatical interpretations thereof in Delhi High Court Judgment (August 4, 2016), the Democracy has been turned over its head in Delhi…..elected Council of Ministers headed by CM becomes symbolic n selected Lt Governor the Executive…………….)

NOTE:
What is President Rule under Articles 356/357….Elected government of the State  is dismissed by the President (ie Central government)…Governance of State taken over by  President (Central government)… then power  delegated to Governor of the State….President (Central Government)  or Governor  NOMINATE some ADVISORS….Governor governs the State aided by  said NOMINATED ADVISORS  and State bureaucracy….Power of legislature of State exercisable by the  Parliament or under authority of Parliament…usually such power is delegated to President (Central government) and then delegated to the Governor….Meaning thereby, pursuant to MHA notification dt 21 May 2015 and Delhi HC jt dt 4-8-2016 thereon, Delhi  is under  full-fledged President Rule without invoking Articles 356 and 239AB (with only difference that in place of NOMINATED ADVISORS , the Delhi is having ELECTED ADVISORS in the form of elected legislature and elected council of ministers headed by a Chief Minister)

Sunday, August 7, 2016

Factsheet and Reality-check of proposed/actual hike in Salary, Allowances and other Amenities to MLA(s) in Delhi and in some other States


Factsheet and Reality-check of proposed/actual hike in Salary, Allowances and other Amenities to MLA(s) in Delhi and in some other States
(A) Existing Salaries, Allowances And Other Amenities to  Delhi MLA(s)
(w.e.f. 04-11-2011)
1. Salary Rs. 12,000/- per mensem
2. Constituency Allowance Rs. 18,000/- per mensem
3. Secretarial Allowance Rs. 10,000/- per month
4. Conveyance Allowance Rs. 6,000/- per month
5. Telephone Facilities Rs. 8,000/- per month to meet the cost of telephone call charges
6. Daily Allowance Rs. 1,000/- per day (subject to a maximum up to 40 days per year) for attending Assembly session/committee meetings etc.
7. Conveyance Advance Upto Rs. 4,00,000/- (repayable within his office term)
8. Medical Facilities Free medical treatment and/or reimbursement and free accommodation in all hospitals run by the Government and all other panel or referral hospitals empanelled or declared as such by the government in accordance with the Medical Attendance Rules and the DGEHS as amended from time to time on priority basis as available to Group –A officers of the highest grade of the Government, provided that a compulsory monthly contribution shall be levied from every MLA at the same rate as would be payble by a Group-A officer of the highest grade of the Government which shall be recoverable from the monthly salary bill of the MLA.
9. Pension Every ex-Member who has served as Member either of the Legislative Assembly of NCT of Delhi or Member of the erstwhile Metropolitan Council of Delhi or of the erstwhile Delhi State Legislative Assembly as the case may be, shall be entitled for pension of Rs. 7,500/-p.m. for the first term of his membership and an additional pension of Rs. 1,000/- p.m for every successive year of his membership beyond the first term.
10. Family pension After the death of a member during his term of office or an Ex-Member (including Ex-Member of erstwhile Metropolitan Council of delhi and Ex-Member of erstwhile Delhi State Legislative Assembly), pension shall be payable to the surviving spouse during the remaining period of life of such spouse until he/she does not remarry and after his/her death to his/her dependent children so long as such dependent continues to be a dependent, provided that family pension shall be equivalent to one-half of the pension which such Ex-member would have received has he retired. Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of is drawing pension under section 9.
11. Elect. & Water Facility Reimbursement of the monthly electricity and water consumption charges subject to a maximum of Rs. 4,000/- p.m.
12. Traveling Facilities Reimbursement of actual expenditure annually up to maximum or Rs. 50,000/- on a travel within India for self and dependent members of the family.
13. Reimbursement of Data Entry Operator (Salary) Rs. 30,000/- per mensem (Reimbursable for two Data Entry Operators @ Rs. 15,000/- p.m. to each).
Review:  
A close scrutiny of above salary, allowances etc payable to Delhi MLAs reveals that Current “CARRY AT HOME”  salary etc of a Delhi MLA is Rs 12000 (twelve thousand) salary + Rs 4000/- (four thousand) allowance towards electricity & water facility per month.  Rest of the allowances pertains to expenses incurred by a MLA while discharging the duties towards the people of the constituency. And according to me they are highly inadequate to meet the actual expenses which a MLA necessarily has to incur in the course of performing multifarious duties and functions in the constituency. However, the most intriguing thing that always flummoxes me is that how come most of Delhi Ex MLAs and some of the present MLAs kept/keep enchantingly pompous life style in such a meager monthly pay-out. What holds good for Delhi legislators also holds valid for legislators in rest of India and thus, all legislators deserve to be paid adequately? After a recent salary hike of MLAs in Maharashtra, the CM Devendra Fadnavis said “we want MLAs and MLCs to work honestly then, we need take care of them and give a good system. Delhi CM Arvind Kejriwal had also said the same thing.
(B) Proposed hike in Salaries, Allowances and Other Amenities to Delhi MLA(s) through a Legislative Law pursuant to a Expert Committee recommendations
Find attached below (4 images) encapsulating the recommendations of said committee. Also find a table (image) below enumerating existing and proposed monthly pay-out (salary and allowances) and one-time allowances through a legislative law payable to Delhi MLAs
(C)  Recent Salary etc hike in Himachal Pradesh
http://www.tribuneindia.com/news/himachal/5-minutes-100-hike-for-himachal-mlas/219322.html
Tribune News Service
Shimla, April 7
The Himachal Assembly took barely five minutes to pass four Bills enhancing the salaries and emoluments of MLAs and former legislators by almost 100 per cent, putting an additional burden of Rs 16.52 crore on the exchequer.
No disruptions or walkouts, the Assembly on the last day of the Budget session saw complete harmony on the issue. The matter was taken up at 12.55 pm and at 1 pm, all four Bills were passed amidst thumping of desks. The state legislators will now be among the highest paid in the country. The salary of the CM and his ministers will be close to Rs 2.5 lakh and that of each MLA about Rs 2.1 lakh.
The MLAs’ daily allowance has been hiked from Rs 1,500 to Rs 1,800, constituency allowance from Rs 60,000 to Rs 90,000 per month, office allowance from Rs 10,000 to Rs 30,000 per month and computer/data entry operator allowance from Rs 12,000 to Rs 15,000 per month. The travel reimbursement amount has been raised to Rs 2.5 lakh per annum.
The pension of former MLAs has been raised to Rs 28,000 per month and additional pension to Rs 1,000 per month for each successive year after the first term. The limit for travel reimbursement has been raised to Rs 1.25 lakh.
The CM will now get Rs 95,000 a month (excluding perks) and his Cabinet colleagues Rs 80,000. The sumptuary allowance has been raised from Rs 30,000 to Rs 95,000 per month. The free travel reimbursement facility has been raised from Rs 2 lakh to Rs 2.5 lakh. The Speaker’s salary will now be Rs 80,000 and the Deputy Speaker Rs 75,000. Their sumptuary allowance has been increased to Rs 95,000 per month and travel reimbursement to Rs 2.5 lakh. The salaries of CPS have been enhanced to Rs 65,000.
(D) Recent Salary etc hike in Maharashtra
महाराष्ट्र: विधायकों की सैलरी में 166 प्रतिशत तक की बढ़ोतरी, पूर्व विधायकों की पेंशन भी बढ़ी

मुंबई: महाराष्ट्र विधानमंडल के मानसून सत्र के आखिरी दिन तमाम दलों ने एक राय से विधायकों की सैलरी में 166 प्रतिशत तक की बढ़ोतरी को एकमत से मंजूरी दी. अब महाराष्ट्र में विधायकों को एक लाख 70 हजार रुपये प्रतिमाह वेतन मिलेगा.

अब तक मिलते थे 75 हजार रुपये प्रति माह
महाराष्ट्र में लोकप्रतिनिधि और सरकारी बाबुओं की तनख्वाह में समानता लाने के लिए बीजेपी सरकार ने वेतन बढ़ोतरी का प्रस्ताव रखा था. इसके तहत अब विधिमंडल सदस्यों में पद के अनुसार वेतन का फर्क होगा. मुख्यमंत्री और कैबिनेट मंत्रियों को प्रतिमाह दो लाख रुपये मिलेंगे. जबकि राज्य मंत्रियों को एक लाख 80 हजार और साधारण विधायक को एक लाख 70 हजार रुपये प्रतिमाह वेतन मिलेगा. इससे पहले सभी को हर महीने न्यूनतम 75 हजार रुपये मिलते थे.

पीए की तनख्वाह भी बढ़ी, टेलीफोन ऑपरेटर मंजूर
मौजूदा स्थिति में महाराष्ट्र के मुख्यमंत्री से लेकर साधारण विधायक की तनख्वाह राज्य के मुख्य सचिव की तनख्वाह की आधे से भी कम थी. शुक्रवार को मंजूर वेतन बढ़ोतरी से जनप्रतिनिधि और सरकारी बाबुओं की तनख्वाह में बना अंतर कम होगा. वैसे विधायकों की सैलरी बढ़ाते हुए सरकार ने उनके पीए की तनख्वाह भी हर महीने 15 हजार से 25 हजार रुपये बढ़ा दी है और साथ में 10 हजार रुपये के वेतन पर टेलीफोन ऑपरेटर रखने को भी मंजूरी दे दी है.
x

पूर्व विधायकों को 40 हजार की जगह 50 हजार रुपये पेंशन
इस बीच, पूर्व विधायकों के पेंशन में बढ़ोतरी करना भी महाराष्ट्र सरकार भूली नहीं है. इस पेंशन को 40 हजार रुपये से 50 हजार रुपये प्रतिमाह किया गया है. साथ ही हर टर्म के लिए अतिरिक्त 10 हजार रुपये प्रतिमाह मिलेंगे. इसी के साथ महाराष्ट्र देश का विधायकों को सर्वाधिक पेंशन देने वाला राज्य बन गया है.

वर्ष 2012 में की गई थी वेतन वृद्धि
इससे पहले विधायकों की सैलरी और पेंशन 2012 में बढ़ाई गई थी. तब इसके खिलाफ पत्रकार एसएम देशमुख ने हाई कोर्ट में याचिका दायर कर इसे रोकने की मांग की थी. हाई कोर्ट ने इस मामले में दखल देने से इनकार कर दिया था.

वैसे शुक्रवार को हुई महाराष्ट्र के विधायकों की वेतन बढ़ोतरी दिल्ली में विधानसभा सदस्यों के बढ़ाए वेतन के मुकाबले कम ही है। दिल्ली में विधायकों को प्रतिमाह 3 लाख रुपये बतौर स्टाइपेंड और एलाउंस दिए जा रहे हैं. (this is plain lie..existing salary etc of Delhi MLAs is much low than what is claimed here as stated above and proposed salary is also not 3 lakh as discernible from a table JPEG image attached below)

 (E) Scenario in Haryana (my beloved State)
(a) Facilities/Amenities to Members under the provisions of “The Haryana Legislative Assembly
(Salary, Allowances & Pension of Members_ Act, 1975 and Rules framed under Section 9 thereof”
Sr No
Particulars
Entitled amount/other relevant details
1.
Salary
` 30,000/- P.M.
2.
Daily Allowances
` 1,500/- per day
3.
Other Allowances


a) Constituency Allowance
` 30,000/- per month

b) Office Allowances
 10,000/- per month

c) Other Allowance if any


i) Compensatory Allowances
` 5,000/- per month

 ii) Sumptuary Allowance
` 5,000/- per month
4.
Secretarial allowance
A member is entitled to Secretarial allowance @ ` 10,000/- per mensem which the Haryana Vidhan Sabha Secretariat pay to the person notified by the member to the Secretariat as his Secretary and the person so notified by the member is to render assistance to him/her at his/her pleasure
5.
Telephone Allowance
An amount of ` 15,000/- per month is paid is to a Member provided with a telephone, under the Act.
6.
Accommodation
(i) There are 40 rooms in the MLAs Hostel, Haryana and  charges for One room are ` 25.00 per day including Water & Electricity Charges.
ii) Telephone has also been provided in each room in the MLAs Hostel, Haryana An amount of 
 5/- per day is charged as rent towards local calls.
iii) There are 38 MLAs flats, 09 Servant Quarters and 27 Motor Garages for the use of Members. The charges/rent is as under:-
a) MLAs Flat @ 
` 200/- per month (including furniture charges )
b) Servant quarter @ 
` 50.00 per month.
c) Motor Garage @ 50.00 per month.
7.
Payment of Water/electricity Charges in the MLAs Flats/SQs/MGs
The Members are responsible for the payment of Electricity and  Water Charges at their level.
8.
Private Accommodation facility during Committee tour
Every Member is entitled to hire private accommodation while on tour to other State as a Member of the Committee of Haryana Vidhan Sabha and claim reimbursement subject to the submission of bill upto ` 5,000/- per day.
9.
Medical Facilities
Each Members is entitled to such Medical Facilities for himself and dependent Members of his family including the dependent parents as are provided to Group ‘A’ Officers before the issuance of notification dated 06th May, 1986. A member and members of his family may get medical treatment in case of emergency as indoor patient from a private hospital/ institution and is also entitled to the facility of reimbursement of expenditure subject to certain conditions.
10.
Advances
i) Motor Car Advance:
` 10,00,000/- or anticipated price thereof, whichever is less. He/she can draw second car advance also on the repayment of first motor car advance along with interest thereon which may be for a period or five years or less in a tenure of Vidhan Sabha.


ii) House Building Advance:
a) ` 40,00,000/- for construction of house or purchasing a built up House/flat.
b) 
` 1,75,000/- for major repairs to the House of MLA.
        “Provided that a member who had drawn repayable advance for purchasing a built house or for building a house for the first time, he may draw repayable advance for second time immediately after the completion of recovery of principal amount along with interest on previous advance if:
            Provided further that the amount of repayable advance under clauses (a) and (b) shall not exceed fifty  lakhs rupees.”
11.
Traveling Allowance for  journey performed on duty


i)    By Rail/Air
If a member travels alone or with one companion (spouse or any other dependent family member), he shall be entitled to travel by rail by Air Conditioned 1st Class or by air (Executive class) and will be paid an amount equal to the actual rail fare by Air Conditioned 1st Class or air fare (Executive class) as the case may be, subject to submission of actual rail/air tickets.

ii) By own Car
` 15/- per kilometer.
12.
Free travel Facilities/Passes
 Every member shall be provided with-
(i) the facility of free travel which shall entitle him (including members of his/her family) to ravel any place in India or outside India through any mode of transport. He shall be reimbursed the actual expenses incurred by him/her for undertaking such journey subject to a a "maximum of two lac rupees per annum." The Members are entitled to get advance for performing  journey by Air outside India.


iii) Two free non-transferable passes, which shall entitle him and his wife or any other person accompanying him to travel at any time by any public service vehicle of  Haryana State Transport Undertaking including air conditioned coach and air;  


iii) One free non-transferable pass, which shall entitle him to travel at any time within the state of Haryana or the Union Territory of Delhi or the Union Territory of Chandigarh by any public service vehicle of the Pepsu Road Transport Corporation.
13.
Facility of Laptop
All the MLAs including the CM/Speaker/Ministers/Dy.Speaker/State Ministers/ CPS/PS are provided with a Laptop at the expenses of this Secretariat for a term
14.
Petty Grant
Every Member shall be given a petty grant of Three lac per year. Subject to the condition that the entire amount shall be utilized only within their respective constituencies.




15.




Chief Parliamentary Secretary/ Parliamentary Secretary
(a)
Salary
` 50,000/- P.M
(b)
Sumptuary Allowance
` 12,000/- P.M
(c)
Office Allowance
` 2,000/- P.M
(d)
Telephone allowance
` 15,000/- P.M
(e)
Constituency Allowance
` 30,000/- P.M
(f)
Daily Allowance
` 1,500/- per day while on official tour up to ceiling of 15 days in a month.
(g)
Petty Grant
` Three lac annual.


(h)
Free Traveling facility
` Two lac annual.
16.
Liability to the pay Income Tax
The Members Salaries/Allowances shall  be exclusive of the tax payable in respect thereof under any law relating to income-tax for the time being in force, and such tax shall be borne by the State Government.
                           Facilities/Amenities to Ex-members
1.
Pension/Dearness Allowance to Ex-MLAs and conditions of admissibility


a) Minimum qualifying period and minimum pension.
Every person shall be paid a pension of ` 10,000/- + `5,000/-  D.P. + Admissible DA per mensem if he served as a member for a period not exceeding five years and an additional pension of `1,500/- per mensem for every additional year or part thereof exceeding a period of five years and if the period of first Assembly membership falls less than the terms of five years of the Assembly, it will be treated as full period of five years for the purpose of pension.

b) Family pension (rate/conditions of admissibility)
The surviving spouse or after his or her death, the Children (up to the age of eighteen years) of a Member who was entitled for drawing pension under the Act, shall be entitled to draw family pension of ` two thousand  five hundred rupees or fifty percent of the last pension drawn, whichever is higher, per mensum by the Member"

c) Admissibility of Dearness Allowance on Pension/Family Pension
Every person, who draws pension or family pension or is entitled to draw the same shall, in addition to the pension or family pension, as the case may be, admissible under the Act shall be paid dearness allowance on pensioners of the State Government.
2.
Free Facilities to Ex-MLAs in respect of


i) Travel
Every person, who is entitled to pension shall be provided with:-
a) One free non-transferable pass, which shall entitle him to travel at any time by any public service vehicle of the Haryana State Transport Undertaking including Air-Conditioned Coach;
b) One free non-transferable pass, which shall entite him/her to travel at any time within the State of Haryana or the Union Territory of Delhi or the Union Territory of Chandigarh by any public service vehicle of the Pepsu Road Transport Corporation.

ii) Medical
Each Members is entitled to such Medical Facilities for himself and dependent Members of his family including the dependent parents as are provided to Group ‘A’ Officer before the issuance of notification dated 06th May, 1986. A member and members of his family may get medical treatment in case of emergency as indoor patient from a private hospital/institution and is also entitled to the facility of reimbursement of expenditure subject to certain conditons.

iii) Accommodation
Rooms are provided to the Ex-MLAs in the Haryana MLAs Hostel at Chandigarh subject to their availability. 

iv) Identity Card

The Ex-MLAs As are also provided Identity cards, which entitle them to avail various facilities.


(b) Ex MLAs in Haryana are receiving pension upto Rs 2,30000/- (two lakh thirty thousand) per month. See below an image incorporating a factoid about quantum of pension etc receivable by an Ex MLA in Haryana.
(c) Salaries and allowances of the Haryana legislators are set for massive increase in Haryana
Assembly nod to salary hike for MLAs
Salaries and allowances of the Haryana legislators are set for s massive increase from April 1 with the Vidhan Sabha today unanimously passing a resolution, clearing decks for a Bill in this regard in the next session.
In the absence of Congress MLAs, the INLD, BSP and Independents batted for the “unprecedented” and “tax-free” increase in salaries, allowance and other fringe benefits, prompting Chief Minister Manohar Lal Khattar to have at dig at legislators saying, “Today, everyone is beaming with joy, there is clapping and unprecedented unity is seen (on the issue).”
Three days ago, a House committee was formed under the chairmanship of BJP chief whip Gian Chand Gupta (Panchkula MLA) to study the salary structure of other states and recommend increase in salaries and allowances.
On the concluding day of the of the Budget Session today, lone BSP MLA Tek Chand Sharma moved a resolution, saying salary and allowances of the MLAs should be increased in view of the “price rise”.
INLD’s Zakir Hussain seconded the proposal, saying it was need of the times. Repeatedly pleading with members, the CM said: “If the House wants, what we can do is when the next session is convened, let’s say after three months, we can have the thing (hike) implemented in retrospective effect from April 1.” The members agreed.
(d)  Red beacons, land for flats to Haryana MLAs recommended
Red beacons, land for flats to MLAs recommended Published on: Apr 2, 2016, 12:33 AM Pradeep Sharma Tribune News Service Chandigarh, April 1 The committee constituted by the Vidhan Sabha to suggest a hike in salaries and allowances of the MLAs has recommended red beacons atop the vehicles used by the legislators and allotment of land for flats under group housing in Gurgaon or Panchkula. Besides, the committee recommended that former Speakers be provided with all facilities equivalent to the former Chief Ministers . A resolution to hike the pay and perks of the legislators from April 1 was unanimously passed by the Vidhan Sabha yesterday paving the way for a Bill in this regard in the next session. Sources said the committee was of the opinion that as per protocol the MLAs were above the Chief Secretary, they be provided with red beacon atop one vehicle. Currently, they are entitled to amber beacon atop their vehicles. In fact, INLD legislator Zakir Hussain, who was a member of the committee, yesterday pointed out that purchasing a small flat these days cost anywhere between Rs 1and Rs 1.5 crore. This had apparently prompted the committee to bat for the allotment of land for apartments for the legislators under the group housing scheme either in Panchkula or Gurgaon. Meanwhile, the committee also recommended several incentives for the former MLAs, including an increase in pension, family pension, travel in Volvo buses, cash treatment for ex-MLAs and their dependents and reservation of rooms in state guest and circuit houses @Rs 200 per day. Exemption from income tax on the pattern of the sitting MLAs, exemption from toll and nomination as the exofficio members of the respective district grievances committee were other recommendation for the former MLAs
(e) Haryana MLAs exhibit drive, salary up by 60%
Pradeep Sharma
Tribune News Service
Chandigarh, August 31
On the last day of the monsoon session of the Vidhan Sabha, the Haryana legislators today unanimously voted for themselves a hefty pay hike — over 60 per cent —which will take their monthly salary to Rs 1.5 lakh from the current Rs 95,000. The hike will be effective from  April 1.
Moving the Haryana Legislative Assembly (Salary, Allowances and Pension of Members) Amendment Bill, 2016, Parliamentary Affairs Minister Ram Bilas Sharma cited the ‘rise in the cost of living’ as the reason for the substantial hike in the monthly salaries, allowances and fringe benefits to the legislators. The hike will put an additional burden of over Rs 9 crore on the state exchequer per year. 
After revision, the salary and allowances would include the monthly salary (Rs 40,000, up from Rs 30,000), constituency allowance (Rs 60,000, up from Rs 30,000), office allowance (Rs 25,000 from Rs 10,000), telephone allowance (Rs 15,000, without any increase) and sumptuary allowance (Rs 10,000 from Rs 5,000 at present). 
However, the ‘tax-free’ salary excluded  daily allowance of Rs 2,000 per day (up from Rs 1,500 per day at present) and Rs 3 lakh per annum free travelling allowance (up from Rs 2 lakh currently paid to the members).
A committee constituted by the Haryana Assembly under the chairmanship of BJP chief whip Gian Chand Gupta had recommended an over 100 per cent hike in legislators’ pay and perks in the last budget session.
The salary hike, ironically, came on a day when the ruling BJP MLAs made quite a show of coming to the House on bicycles and rickshaws to promote eco-friendly travel, and also as a symbol of frugality.



 Existing and proposed salary etc in Delhi



Expert Committee Report re Delhi MLAs






Pension etc pay-out to Ex MLAs in Haryana