MEGHALAYA PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES & MISCELLANEOUS PROVISIONS) ACT, 2005

Act No. 09 of 2005

4th May, 2005

An Act to provide for the appointment, salaries, allowances and other miscellaneous provisions of the Parliamentary Secretaries in the State of Meghalaya. Whereas, it is considered to provide for the appointment, salaries, allowances and other miscellaneous provisions of the parliamentary Secretaries in the State of Meghalaya. Be it enacted by the Legislature of the State of Meghalaya in the Fifty-sixth Year of the Republic of India as follows:-

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S.1 Short title and Commencement

(1) This Act may be called the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances, and Miscellaneous Provisions) Act, 2005

(2) It shall be deemed to have come into force on and from the 11th January, 2005

S.2 Definitions

In this Act, unless the context otherwise requires:-

"Act" means the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005;
"Chief Minister" means the Chief Minister of the State of Meghalaya;
"Parliamentary Secretary" means any person appointed under Section 3 of this Act by the Chief Minister;
"Prescribed" means specified by the rules made under the Act; and
"Specified" means specified by notification published in the Official Gazette of the State of Meghalaya.

S.3 Appointment of Parliamentary Secretaries

The Chief Minister may, having regard to the circumstance on the requirement of the situation at any time appoint such number of Parliamentary Secretaries from amongst the Members of the Legislative Assembly and assign to each of them such duties and functions as he may deem fit and proper.

S.4 Oath of office and secrecy

A Parliamentary Secretary shall, before entering office, take on oath office and secrecy to be administered by the Chief Minister.

S.5 Rank, status, powers and functions of Parliamentary Secretary

A Parliamentary Secretary shall be of the rank and status of Minister or State and shall exercise such powers, discharge such function and perform such duties as may be assigned to him by the Chief Minister.

S.6 Salary and allowances of Parliamentary Secretary

A Parliamentary Secretary shall be entitled to such salaries and allowances as are admissible to a Minister of State under the Meghalaya (Minister's Salaries and Allowances) Act, 1972.

S.7 Terms of office of Parliamentary Secretary during the pleasure of Chief Minister

The Parliamentary Secretary shall hold office during the pleasure of the Chief Minister.

S.8 Parliamentary Secretary not to draw salary and allowances as member

Notwithstanding anything contained in any other law for the time being in force. A Parliamentary Secretary shall not, while he draws salary and allowances for his office as such Parliamentary Secretary, be entitled to any salary or allowances as a Member of the Meghalaya Legislative Assembly.

S.9 Parliamentary Secretary not to practice profession etc

A Parliamentary Secretary shall not, during his office as such Parliamentary Secretary, practice any profession or engage in any trade or commerce or undertake for remuneration any employment other than his duties as such Parliamentary Secretary.

S.10 Power to make rules

(1) The State Governor may be notification published in the Official Gazette may make rules for carrying out purposes of this Act.

(2) All rules made by the State Government under this Act shall as soon as may be after they are made, be laid before the Meghalaya State Legislative Assembly and shall take effect from the date of their publication in the Official Gazette.

S.11 Repeals

The Parliamentary Secretary's Salaries and Allowances Act, 1991 and the rules made there under and the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Ordinance, 2005 are hereby repealed.