The Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Amendment Act

An Act to amend the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998

Preamble

An Act to amend the Leaders and Chief Whips of Recognised Parties and Groups in Parliament

(Facilities) Act, 1998.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. Short title and commencement

(1) This Act may be called the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Amendment Act, 2000.

(2) Save as otherwise provided in this Act, it shall come into force at once.

2. Amendment of section 1

In the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998 (5 of 1999) (hereinafter referred to as the principal Act), in section 1, for sub-section (2), the following sub-section shall be substituted and shall be deemed to have been substituted on and from the 5th day of February, 1999, namely:—

“(2) It shall be deemed to have come into force on the 5th day of February, 1999.”.

3. Substitution of new section for section 2

For section 2 of the principal Act, the following section shall be substituted, namely:—

“2.Definitions.—In this Act, unless the context otherwise requires,—

      (a) “recognised group” means,—

            (i) in relation to the Council of States, every party which has a strength of not less than fifteen members and not more than twenty-four members in the Council;

            (ii) in relation to the House of the People, every party which has a strength of not less than thirty members and not more than fifty-four members in the House;

      (b) “recognised party” means,—

            (i) in relation to the Council of States, every party which has a strength of not less than twenty-five members in the Council;

            (ii) in relation to the House of the People, every party which has a strength of not less than fifty-five members in the House.”.

4. Substitution of new section for section 3

For section 3 of the principal Act, the following section shall be substituted, namely:—

“3.Facilities to the Leaders and Chief Whips of recognised groups and parties.—Subject to any rules made in this behalf by the Central Government, each leader, deputy leader and each Chief Whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities:

Provided that such facilities shall not be provided to such leader, deputy leader or Chief Whip, as the case may be, who—

            (i) holds an office of Minister as defined in section 2 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952);

            (ii) holds an office of the Leader of the Opposition as defined in section 2 of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977); or

            (iii) is entitled to similar telephone and secretarial facilities by virtue of holding any office of, or representation in, a Parliamentary Committee or other Committee, Council, Board,

Commission or other body set up by the Government; or

            (iv) is entitled to similar telephone and secretarial facilities provided to him in any other capacity by the Government or a local authority or Corporation owned or controlled by the Government or any local authority.”.

5. Amendment of section 3 of Act 10 of 1959

In the Parliament (Prevention of Disqualification)

Act, 1959, in section 3, in clause (ac), for the words “each leader”, the words “each leader and each deputy leader” shall be substituted.

6. Validation of rules and certain actions

The Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Telephone and Secretarial Facilities) Rules, 1999 published in the Gazette of India, Extraordinary, dated the 5th February, 1999 with the notification of the Government of India in the Ministry of Parliamentary Affairs No. G.S.R. 66(E), dated the 4th February, 1999 (hereinafter referred to as the said Rules) shall be deemed to have and to have always had effect on and from the 5th day of February, 1999 as if the amendments made by section 2 had been in force at all material times and accordingly any action taken or anything done or purported to have been taken or done under the said Rules during the period commencing on and from the 5th day of February, 1999 and ending with the day on which the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities)

Amendment Act, 2000 receives the assent of the President shall be deemed to be, and to always have been, for all purposes, as validly and effectively taken or done as if the said Rules had been in force at all material times.