AI Overview...
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Bihar Ministers Salaries and Allowances Act - The Act provides the framework for determining the salaries, allowances, and other facilities for ministers in Bihar. It is enacted by the state legislature to regulate ministerial remuneration and benefits, including provisions for allowances, travel, and other perks. The Act's provisions are aligned with constitutional mandates, such as Article 164(5), which allows state legislatures to fix salaries and allowances of ministers. Lalu Prasad, S/o Late . . . Assessee/ kundan Rai VS Commissioner Of Incometax - Patna, Based on the order of Hon’ble the Chief Justice Dated 07. 01. 2019 In Re Life Time Allotment of Bungalows to Former Chief Ministers of the State of Bihar with Unlimited Financial Maintenance Facilities VS Chief Secretary, Government of Bihar, Patna - Patna
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Legal Validity and Constitutional Authority - The Act's validity has been upheld through judicial rulings, affirming that the Bihar legislature has the competence to enact laws regarding ministerial salaries within constitutional limits. Amendments to the Act, such as those in 2010, have been scrutinized but found to be within legislative competence, and protections under Article 164(5) of the Constitution are maintained. Based on the order of Hon’ble the Chief Justice Dated 07. 01. 2019 In Re Life Time Allotment of Bungalows to Former Chief Ministers of the State of Bihar with Unlimited Financial Maintenance Facilities VS Chief Secretary, Government of Bihar, Patna - Patna, Lalu Prasad, S/o Late . . . Assessee/ kundan Rai VS Commissioner Of Incometax - Patna
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Allowances and Facilities for Ex-Chief Ministers - The Act also covers allowances and facilities for ex-Chief Ministers, including residential accommodations and other privileges. Recovery of amounts or waivers of allowances have been discussed in case law, emphasizing that no estoppel can prevent recovery of dues from ex-Chief Ministers, and their facilities are subject to legislative rules. Rural Litigation and Entitlement Kendra Rlek VS State of Uttarakhand - Uttarakhand
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Role of the Legislature and Judicial Oversight - The legislature has the authority to define and amend salaries and allowances, with judicial review ensuring compliance with constitutional provisions. The courts have struck down arbitrary provisions and upheld the legislative competence, ensuring that ministerial benefits are within legal bounds. LOK PRAHARI THROUGH ITS GENERAL SECRETARY VS STATE OF UTTAR PRADESH - Supreme Court, Kamakhya Narain Singh VS Ram Lakhan Singh - Patna
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Additional Provisions and Related Laws - The Act interacts with other laws such as the Salaries, Allowances and Miscellaneous Provisions Act, 1981, and similar statutes in other states like Uttar Pradesh and West Bengal, which define the scope of ministerial benefits and the procedures for their fixation and disbursement. LOK PRAHARI THROUGH ITS GENERAL SECRETARY VS STATE OF UTTAR PRADESH - Supreme Court, NIRDESH KUMAR DIXIT VS RENUKA CHOWDHURY - Allahabad, Vishak Bhattacharya VS State of West Bengal - Calcutta
Analysis and Conclusion
The Bihar Ministers Salaries and Allowances Act is a constitutional and legislative framework that governs the remuneration and benefits of ministers in Bihar. It has been upheld by courts as within the legislative competence of the state, respecting constitutional provisions such as Article 164(5). The Act ensures ministers and ex-Chief Ministers receive appropriate allowances while providing mechanisms for recovery and regulation. Its provisions are consistent with similar laws across Indian states, and judicial rulings affirm the legality and reasonableness of the benefits conferred under this Act.
Search Results for "Bihar Ministers Salaries and Allowance Act"
2008 0 Supreme(Pat) 1601 • India - Patna
CHANDRAMAULI KR.PRASAD, RAVI RANJAN
his pleasure-Assessee in the return itself stated that he was Chief Minister of State and received salary from Govt. of Bihar-Assessing ... Income Tax Act, 1961-Section 268A-Central Board of Direct Taxes (CBDT) has power to issue order/instructions for the purpose of regulating ... ... Income Tax Act, 1961-Sections 14 and 15-Constitution of India-Art ... The State Legislature enacted the Bihar Ministers Salaries and Allowance Act, ....
2010 0 Supreme(Jhk) 399 • India - Jharkhand
R.R.PRASAD
Prevention of Corruption Act, 1988---Section 2(c) ---Criminal prosecution---Petitioner being a Private Secretary to the Minister ... Act is valid. (Paras 13 to 16) ... ... Learned counsel further submitted that though the petitioner received remuneration but that was never paid from the Government exchequer, rather it was being paid from the allowances given to the Minister under the provision of the 'Bihar Ministers' Salaries and Allowan....
2018 0 Supreme(SC) 448 • India - Supreme Court
RANJAN GOGOI, R.BANUMATHI
(Salaries, Allowances and Miscellaneous Provisions) Act, 1981– Legal thought moving away from theory of infringement of fundamental ... (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 as amended in 2016 is under challenge in this writ petition. ... (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 – a Section 4(3) – Held arbitrary and violative of Article 14, a ... This writ petition under Article 32 of the....
2019 0 Supreme(UK) 289 • India - Uttarakhand
R.C.KHULBE, R.C.KHULBE
Ministers – Principle of Estoppel – Recovery of amounts from the Ex-Chief Ministers – Baring of – No estoppel can legitimate an ... due from Ex-Chief Ministers – Waiving of – Services rendered by respondent nos. 2 to 6 during their tenure as Chief Ministers does ... (A) Residential Accommodation to Ex-Chief Minister – Rent free accommodation provided to Ex-Chief Ministers ... The salaries, allowances and other facilities provided to Chief M....
1969 0 Supreme(Pat) 122 • India - Patna
G.N.PRASAD
, 1953, Rule 17 - Bihar 'Ministers' Salaries and Allowances Act, Bihar Act 16 of 1953 - Interpretation - Advance for projected tour ... CRIMINAL LAW - OFFENCES - MISAPPROPRIATION - ADJUSTMENT OF ADVANCE - Bihar Ministers' Conveyance and Traveling Allowances Rules ... Fact of the Case: Petitioner, a Minister of the Government of Bihar, took an advance of Rs. 22,800/- for a proje....
2005 0 Supreme(All) 238 • India - Allahabad
JAGDISH BHALLA, M.A.KHAN
of ministers. ... Ministers, the oath of office and secrecy, and the classification of ministers. ... the classification of ministers. ... P. in order to provide salaries to be paid to the Ministers and the Deputy Minister enacted The U. P. Ministers and Deputy Ministers (Salaries and allowances)Act,1952. ... P. which is known as the "uttar Pradesh Ministers ( #....
2017 0 Supreme(All) 1186 • India - Allahabad
SUDHIR AGARWAL, VIRENDRA KUMAR II
Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, Section 2(e) respective Legislatures by including “Ministers ... contemplated ‘Ministers’ i.e. a “Member of Council of Ministers only”—By defining the term ‘Ministers’ under The Salaries and Allowances ... of Ministers Act, 1952, Section and U.P. ... This writ petition under Article 226 of Constitution of In....
2015 0 Supreme(Cal) 246 • India - Calcutta
MANJULA CHELLUR, ASHIM KUMAR BANERJEE
PARLIAMENTARY SECRETARIES - APPOINTMENT, SALARIES, ALLOWANCE AND MISCELLANEOUS PROVISION ACT OF 2012 - ARTICLES 164(1A), 186, ... The enactment of West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act of 2012 ... , Allowance and Miscellaneous Provision) Act of 2012 (hereinafter referred to as Act of 2012). ... Section 3 of this Act says that Parliamentary Secretary....
2019 0 Supreme(Pat) 278 • India - Patna
AMRESHWAR PRATAP SAHI, ANJANA MISHRA
Ministers and the validity of the Amending Act of 2010 (Bihar Act No.10 of 2010) has to be tested on this anvil. ... and allowances of Ministers is saved under Article 164 (5) of the Constitution of India not extend any such privileges to ex-Chief ... the Notifications – Competence of the Legislature to enact a law within the constitutional limits on the issue relating to the salaries ... Salaries and allowances of Ministe....
2021 0 Supreme(SC) 997 • India - Supreme Court
HEMANT GUPTA, A.S.BOPANNA
Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 – Section 4(2)( a) – Order passed by learned Division Bench ... of Unauthorised Occupant) Act, 1971 –Protection of Human Rights Act, 1993 – Section 2(1)(d) – U.P. ... Constitution of India, 1950 – Article 21, 142 – Amendment Act, 1997 – Section 4-A –Public Premises (Eviction ... Ministers (Salaries, Allowances and Miscellaneous Provisions) #HL_....
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