The Members of Parliament (Remuneration and Allowances) Order, 1973 (President's Order)

WHEREAS it is expedient to provide for the 1remuneration and allowances of the Members of Parliament;

Act No. PRESIDENT'S ORDER NO. 28 OF 1973

Date: 4th April, 1973

WHEREAS it is expedient to provide for the ¹remuneration and allowances of the Members of Parliament; NOW, THEREFORE, in pursuance of Article 68 of the Constitution of the People’s Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

Section 1. Short title

(1) This Order may be called the Members of Parliament ( ²Remuneration and Allowances) Order, 1973.

Commencement

(2) It shall come into force at once.

Section 2. Definitions

In this Order, unless there is anything repugnant in the subject or context,-

(a) “Committee” means a Standing Committee or a Select Committee of Parliament or any other committee set up by or under the authority of Parliament and includes a sub-committee set up by any such committee;

(b) “Member” means a Member of Parliament but does not include the Speaker or the Deputy Speaker or the Prime Minister or a Minister or a Minister of State or a Deputy Minister;

(d) “term of office” means the period beginning with the date on which a Member enters upon his office and ending with the date on which he ceases to be a Member;

(e) “year” means a year commencing on the date of the first meeting of Parliament after a general election and ending on the expiry of three hundred sixty-five days therefrom.

Section 3. Remuneration

A Member shall be entitled to receive a ³remuneration at the rate of ⁴fifty five thousand taka per mensem ⁵* and to the privileges and amenities provided in this Order during the whole of his term of office.

Constituency allowance

⁶ ⁷3A. A Member shall be entitled to receive a constituency allowance at the rate of ⁸twelve thousand and five hundred taka per mensem.

Explanation.- In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Ministers who are Members of Parliament.

Section 3B. Sumptuary allowance

A Member shall be entitled to receive a sumptuary allowance at the rate of ⁹five thousand taka per mensem.]

Tax and duty free 10[car, jeep or microbus]

¹¹3C. ¹²(1) A Member shall be entitled to import free of customs duty, ¹³value added tax, development surcharge and import permit fee during the whole of his term of office, one ¹⁴car, jeep or microbus of such specification, and on such conditions, as the Government may specify in this behalf.

¹⁵(2) A member shall be entitled to import another new car, jeep or microbus after expiration of a period of five years from the date of his last import at the same terms and conditions provided in sub-section (1).

Transport allowance

¹⁶3CC. A Member shall be entitled to receive a transport allowance at the rate of ¹⁷seventy thousand taka per mensem.

Explanation. - In this Article, “transport allowance” includes fuel allowance, vehicle maintenance allowance and salary of the driver.

Office expenses allowance

¹⁸3D. A Member shall be entitled to receive office expenses allowance at the rate of ¹⁹fifteen thousand taka per mensem for maintaining an office in his constituency.

Laundry and miscellaneous expenses allowance

²⁰3E. A Member shall be entitled to receive per mensem-

(a) a laundry allowance at the rate of ²¹one thousand and five hundred taka; and

(b) a miscellaneous expenses allowance at the rate of ²²six thousand taka for purchasing cookeries, linen, toiletries and other goods.

Section 4. Journey performed for the purpose of attending a session

For every journey performed for the purpose of attending a session of Parliament or a meeting of a Committee or for attending to any other business connected with his duties as Member from his usual place of residence to the place where the session or the meeting is held or other business is transacted and for the return journey from such place to his usual place of residence, a Member shall be entitled to receive travelling allowance at the following rates, namely:-

(a) where a journey is performed by rail, air, steamer or launch, an amount equal to one and one-half of the fare for the highest class by the shortest route;

(b) where a journey or any part thereof cannot be performed by rail, air, steamer or launch and is performed by road, a mileage allowance at the rate of ²³ ten taka per kilometre by the shortest route;

(c) where a journey or any part thereof can be performed by rail, air, steamer or launch but is performed by road, a mileage allowance at the rate of ²⁴ ten taka per kilometre not exceeding in the aggregate the travelling allowance which he would have been entitled to receive had he travelled by air, rail, steamer, or launch:

Provided that a Member who performs a journey between the place of duty and a place which is not his usual place of residence may draw travelling allowance either for the actual journey or for a journey between the place of duty and his usual place of residence whichever is less.

Section 5. Period of residence on duty

(1) For each day during any period of residence on duty, a Member shall be entitled to receive a daily allowance at the rate of ²⁵ ²⁶seven hundred and fifty taka and a conveyance allowance at the rate of ²⁷ ²⁸seventy five taka.

Explanation.- In this Article, “period of residence on duty” means the period during which a Member, for the purpose of attending a session of Parliament or a meeting of a Committee or for attending to any other business connected with his duties as Member, resides at the place, including his usual place of residence, where the session or the meeting is held or other business is transacted and includes,-

(a) in the case of a session of Parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and the period of such residence, not exceeding three days, immediately following the end of the session; and

(b) in the case of a sitting of a Committee or transaction of any other business, the period of such residence, not exceeding two days, immediately preceding the commencement of the business of the Committee or of the other business and the period of such residence, not exceeding two days, immediately following the conclusion of the business of the Committee or of the other business.

²⁹(1A) Notwithstanding anything contained in clause (1), a Member shall be entitled to receive a daily allowance at the rate of ³⁰eight hundred Taka and a conveyance allowance at the rate of ³¹two hundred Taka for each day he attends the sitting of Parliament or the meeting of Committee or any other official duties in Parliament and the allowances prescribed under this clause shall only be admissible where the presence of Member is supported by record.

(2) If a Member arrives in the forenoon at the place of duty or departs from such place in the afternoon, he shall be entitled to draw daily allowance and conveyance allowance at the full rates for the day of arrival or the day of departure, as the case may be, and if he arrives at such place in the afternoon or departs therefrom in the forenoon, the daily allowance and the conveyance allowance drawn shall be at half such rate:

Provided that not more than one daily allowance and one conveyance allowance at the full rate shall be claimed in respect of any one day.

(3) Where the interval between the termination of one session of Parliament or, as the case may be, one sitting of a Committee and the commencement of another session or sitting at the same place does not exceed seven days and, during such interval, a Member,-

(a) remains at such place, he shall be entitled to receive for each day of residence at such place a daily allowance and a conveyance allowance at the rate specified in clause (1);

(b) leaves such place for another place, he shall be entitled to receive travelling allowance under the provisions of Article 4 but such travelling allowance shall not exceed the total amount of daily allowance and conveyance allowance to which he would have been entitled had he not left the place.

³²(4) Where the interval between one sitting of a session and the commencement of another sitting of a session exceeds seven days and, during such interval, a Member leaves his residence on duty to usual place of residence, he shall be entitled to receive traveling allowance under the provisions of Article 4.

Insurance cover

³³6A. A Member shall be provided with an insurance cover for ³⁴ten lakh taka at Government expense against death or permanent disablement caused by accident during his term of office.

Explanation.- In this Article, “permanent disablement” shall, unless otherwise provided in the insurance policy mean such disablement as permanently incapacitates a person for earning his livelihood.

Discretionary grant

³⁵6B. (1) There shall be placed at the disposal of a Member as discretionary grant an amount not exceeding taka ³⁶five lakh per annum,

(2) The expenditure from the discretionary grant shall be subject to such conditions as may be prescribed by rules made under Article 9.

Travel within the country

³⁷6. (1) A member shall be entitled to travel within Bangladesh at any time, and to perform such travel,-

(a) a member shall be entitled to receive a sum of ³⁸one lakh and twenty thousand taka per annum as travelling allowance ; or

(b) if a member opts not to accept travelling allowance under paragraph (a), he shall be, in lieu thereof, provided with a non-transferable pass of such amount not exceeding ³⁹one lakh and twenty thousand taka for a year.

(2) Where a person becomes a Member in the middle of a year, he shall be entitle to receive same proportion to ⁴⁰one lakh and twenty thousand taka as the unexpired portion of the year bears to a year.

(3) The provision of this Article shall not in any way affect the right of a Member to receive travel allowances determined under Article 4.

Section 7. Medical facilities for family members

A Member and the members of his family shall be entitled to the same medical facilities as are admissible to a gazetted officer (Class I) of the Government and the members of the family of such officer under the Government Servants (Medical Attendance) Rules, 1963:

⁴¹Provided that, notwithstanding anything contained in the said Rules, a Member shall be entitled to a sum of ⁴²seven hundred taka per mensem as medical allowance, but shall not be entitled to reimbursement of any expenses incurred by him for his treatment or for the treatment of the members of his family.

Allowances shall be free of income-tax

⁴³7A. Any allowance received by a Member under this order shall be free of income-tax.

Telephone at residence

⁴⁴8. (1) A Member shall be entitled to have one telephone installed at his residence at Government expense where facilities for such installation are available.

(2) A Member shall be entitled to receive a sum of ⁴⁵seven thousand and eight hundred taka per mensem in respect of the rental of such telephone and the calls made therefrom.

Section 8A. [Omitted]

[Omitted by section 2 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 1993 (Act No. XI of 1993).]

Power to make rule

⁴⁶9. The Parliament Secretariat Commission may, by notification in the Official Gazette, make rules for carrying out the purposes of this Order.

Explanation.- In this Article “Parliament Secretariat Commission” means the Parliament Secretariat Commission constituted by the Parliament Secretariat Act, 1994 (Act No. 8 of 1994).

Section 10. Repeal.

The Members of the Constituent Assembly (Salaries and Allowances) Order, 1972 (P.O. No. 24 of 1972), is hereby repealed.

Footnotes

1.The word “remuneration” was substituted for the word “salaries” by section 2 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1988 (Act No. XXXV of 1988)

2.The word “Remuneration” was substituted for the word “Salaries” by section 3 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1988 (Act No. XXXV of 1988)

3.The word “remuneration” was substituted for the word “salary” by section 4 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1988 (Act No. XXXV of 1988)

4.The words “fifty five thousand” were substituted for the words “twenty seven thousand and five hundred” by section 2 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2015).

5.The words ‘‘free of income-tax” were omitted by section 2 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2012 (Act No. XII of 2012).

6.Article 3A and 3B were inserted by section 3 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1987 (Act No. IV of 1987)

7.Article 3A was substituted by section 2 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 2003 (Act No. XXIII of 2003)

8.The words “twelve thousand and five hundred” were substituted for the words “seven thousand and five hundred” by section 3 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

9.The words “five thousand” were substituted for the words “three thousand” by section 4 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

11.Article 3C was inserted by the section 2 of the Members of Parliament (Salaries and Allowances) (Second Amendment) Act, 1987 (Act No. XXXVII of 1987)

12.Existing provision number as sub-section (1) by section 5 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

13.The words “value added tax” were substituted for the words “sales tax” by section 5 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

14.The words “car, jeep or microbus” were substituted for the words “car or jeep” by section 5 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

15.Sub-section (2) was added by section 5 (b) of The Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

16.Article 3CC was inserted by section 6 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

17.The words “seventy thousand” were substituted for the words “forty thousand” by section 5 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

18.Article 3D was inserted by section 5 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 1992 (Act No. XVIII of 1992)

19.The words “fifteen thousand” were substituted for the words “nine thousand” by section 6 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

20.Article 3E was inserted by section 8 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

21.The words “one thousand and five hundred” were substituted for the words “one thousand” by section 7(a) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

22.The words “six thousand” were substituted for the words “four thousand” by section 7(b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

23.The words “ten taka per kilometre” were substituted for the words “six taka per kilometre” by section 9 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

24.The words “ten taka per kilometre” were substituted for the words “six taka per kilometre” by section 9 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

25.The words “seventy-five taka” were substituted for the words “fifty takas” by section 2 of the Members of Parliament (Salaries and Allowances) (Amendment) Act, 1980 (Act No. XXV of 1980)

26.The words “seven hundred and fifty” were substituted for the words “three hundred” by section 8 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

27.The words “twenty-five taka” were substituted for the words “fifteen takas” by section 2 of the Members of Parliament (Salaries and Allowances) (Amendment) Act, 1980 (Act No. XXV of 1980)

28.The words “seventy five” were substituted for the words “fifty” by section 10 (a) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

29.Clause (1A) was inserted by section 3 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 2000 (Act No. IV of 2000).

30.The words “eight hundred” were substituted for the words “four hundred” by section 10 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

31.The words “two hundred” were substituted for the words “one hundred” by section 10 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

32.Clause (4) was added by section 10 (c) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

33.Article 6A was substituted by section 5 of the Members of Parliament (Salaries and Allowances) (Amendment) Act, 1988 (Act No. XXXV of 1988)

34.The words “ten lakh” were substituted for the words “five lakh” by section 12 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

35.Article 6B was inserted by section 9 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 1992 (Act No. XVIII of 1992)

36.The words “five lakh” were substituted for the words “three lakh” by section 10 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

37.Article 6 was substituted by section 11 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

38.The words “one lakh and twenty thousand” were substituted for the words “seventy five thousand” by section 9(a)(i) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

39.The words “one lakh and twenty thousand” were substituted for the words “seventy five thousand” by section 9(a)(ii) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

40.The words “one lakh and twenty thousand” were substituted for the words “seventy five thousand” by section 9(b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).

41.The proviso was substituted by section 4 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1975 (Act No. XXXIX of 1975)

42.The words “seven hundred” were substituted for the words “two hundred” by section 14 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

43.Article 7A was inserted by section 15 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

44.Article 8 was substituted by section 10 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 1992 (Act No. XVIII of 1992)

45.The words “seven thousand and eight hundred” were substituted for the words “six thousand” by section 16 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).

46.Article 9 was substituted by section 17 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).