Section 9:
Power to make rules.
(1) For the purpose of making rules under this section, there shall be
constituted a Joint Committee of both Houses of Parliament consisting of five members from the
Council of States nominated by the Chairman and ten members from the House of the People
nominated by the Speaker.
(2) The Joint Committee constituted under sub-section (1) shall elect its Chairman and shall have
power to regulate its procedure.
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[(2A) A member of the Joint Committee shall hold office as such member for one year from the
date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by
the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.
Explanation.-- In the case of a member of a Joint Committee holding office as such immediately
before the commencement of the Salaries and Allowances of Members of Parliament (Amendment)
Act, 1958 (55 of 1958), the period of one year shall be computed from the date of such
commencement.]
(3) The Joint Committee constituted under sub-section (1) may 1
[after consultation with the
Central Government] make rules to provide for all or any of the following matters, namely:--
(a) the routes for the performance of any journey;
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[(aa) the person who may be specified as dependent under sub-clause (g) of clause (aa) of
section 2;]
(b) the manner in which fractions of a day shall be dealt with for the purpose of determining
the daily allowance admissible for that day;
(c) the travelling allowance admissible where a member is provided with free transit for the
whole or any part of a journey 1
[and the reduction of the daily allowance where a member is
provided with free board or lodging at the expense of the Government or a local authority];
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[(cc) the date at which road mileage shall be paid under sub-clause (ii) of clause (c) of
sub-section (1) of section 4;]
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[(ccc) the transit accommodation and the period for which such accommodation may be
provided under section 5A;]
(d) the travelling allowance admissible where the place from which a member commences his
journey or to which he returns is not his usual place of residence;
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[(dd) the travelling allowance admissible in respect of journeys performed by any vessel
where there is no regular steamer service;
(ddd) the travelling and daily allowances admissible for journeys performed by a member in
the course of a tour outside India undertaken in connection with his duties as such member;]
(e) the form in which certificates, if any, shall be furnished by a member for the purpose of
claiming any allowance under this Act;
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[(ee) the form in which certificates, if any, shall be furnished by any person for the purpose
of claiming any pension under this Act;]
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[(f) the constituency allowance and medical and other facilities mentioned in section 8 and
the amount to be paid in cash in lieu of such facilities;
(ff) the amount which may be paid by way of repayable advance for the purchase of
conveyance; the rate of interest thereon and the mode of recovery of such amount and interest
thereon; and]
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[(fff) to provide for carry forward of unutilised free telephone calls pertaining to any year
beginning on or after the 1st day of April, 2002 to any subsequent year;]
(g) generally for regulating the payment of 8
[daily and travelling allowances and pension]
under this Act].
(4) Any rules made under sub-section (3) shall not take effect until they are approved and
confirmed by the Chairman of the Council of States and the Speaker of the House of the People and
are published in the Official Gazette, and such publication of the rules shall be conclusive proof that
they have been duly made.
Notes:
1. Ins. by Act 55 of 1958, s. 8 (w.e.f.30-12-1958).
2. Ins. by Act 9 of 2004, s. 9 (w.e.f. 9-1-2004).
3. Ins. by Act 61 of 1982, s. 4 (w.e.f. 6-11-1982).
4. Ins. by Act 55 of 1958, s. 8 (w.e.f. 30-12-1958).
5. Ins. by Act 105 of 1976, s. 8 (w.e.f. 9-9-1976).
6. Subs. by Act 74 of 1985, s. 8, for "clause (f)" (w.e.f.26-12-1985).
7. Ins. by Act 9 of 2004, s. 9 (w.e.f. 9-1-2004).
8. Subs. by Act 105 of 1976, s. 8, for "daily and travelling allowances" ( w.e.f. 9-9-1976).