THE SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION IN PARLIAMENT 
ACT, 1977 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and commencement. 

2. Definition. 

3. Salary, and daily, constituency and sumptuary allowances. 

4. Residence for Leaders of Opposition. 

5. Travelling and daily allowances to Leaders of Opposition. 

6. Medical treatment, etc., to Leaders of Opposition. 

7. Leaders of Opposition not to draw salary or allowances as Members of Parliament. 

8. Amenities to Leaders of Opposition. 

8A. Advance to Leader of Opposition for purchase of motor car. 

9. Notification respecting the date on which persons became or ceased to be Leaders of Opposition to 

be conclusive evidence thereof. 

9A.  Exemption  from  liability  to  pay  income-tax  on  certain  perquisites  received  by  a  Leader  of  the 

Opposition. 

10. Power to make rule. 

11. [Repealed.]. 

12. [Repealed.]. 

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THE SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION IN PARLIAMENT 
ACT, 1977 

ACT NO. 33 OF 1977 

[18th August, 1977.] 

An Act to provide for the salary and allowances of Leaders of Opposition in Parliament. 

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

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Salary  and  Allowances  of 

Leaders of Opposition in Parliament Act, 1977. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2.  Definition.—In  this  Act,  “Leader  of  the  Opposition”,  in  relation  to  either  House  of  Parliament, 
means that member of the Council of States or the House of the People, as the case may be, who is, for 
the time being, the Leader in that House of the party in opposition to the Government having the greatest 
numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the 
House of the People, as the case may be. 

Explanation.—Where there are two or more parties in opposition to the Government, in the Council 
of States or in the House of the People having the same numerical strength, the Chairman of the Council 
of States or the Speaker of the House of the People, as the case may be, shall, having regard to the status 
of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the 
purposes of this section and such recognition shall be final and conclusive. 

2[3.  Salary,  and  daily,  constituency  and  sumptuary  allowances.—(1)  Each  Leader  of  the 
Opposition shall, so long as he continues as such Leader, be entitled to receive a salary per mensem and 
allowance  for  each  day  at  the  same  rates  as  are  specified  in  section  3  of  the  Salary,  Allowances  and 
Pension of Members of Parliament Act, 1954 (30 of 1954) with respect to members of Parliament. 

(2)  Each  Leader  of  the  Opposition  shall  also  be  entitled  to  receive  a  constituency  allowance  at  the 
same  rate as is for the time being specified under section 8 of the said Act with respect to members of 
Parliament. 

(3)  There  shall  be  paid  to  each  Leader  of  the  Opposition  a  sumptuary  allowance  of  one  thousand 

rupees per mensem:] 

3[Provided that on and from the 17th day of September, 2001, the sumptuary allowance shall be paid 
to  each  Leader  of  the  Opposition  at  the  same  rate  at which  the  sumptuary  allowance  is  payable,  under 
section 5 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), to every other Minister who 
is a member of the Cabinet.] 

4.  Residence for  Leaders  of  Opposition.—(1)  Each  Leader  of  the  Opposition shall, so long  as  he 
continues  as  such  Leader  and  for  a  period  of  one  month  immediately  thereafter,  be  entitled  without 
payment  of  rent  to  the  use  of  a  furnished  residence  and  no  charge  shall  fall  on  the  Leader  of  the 
Opposition personally in respect of the maintenance of such residence. 

(2) In the event of the death of a Leader of the Opposition, his family shall be entitled to the use of 

the furnished residence occupied by him— 

(a) for a period of one month immediately after his death, without payment of rent and no charge 

shall fall on his family in respect of the maintenance of such residence; and 

1. 1st November, 1977, vide notification No. G.S.R. 664(E), dated 1st November, 1977, see Gazette of India, Extraordinary, 

Part II, sec. 3(i). 

2. Subs. by Act 78 of 1985, s. 2, for section 3 (w.e.f. 26-12-1985). 
3. Ins. by Act 29 of 2002, s. 3 (w.e.f. 17-9-2001). 

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(b) for a further period of one month, on payment of rent at such rates as may be prescribed by 
rules  made  in  this  behalf  by  the  Central  Government  and  also  charges  in  respect  of  electricity  and 
water consumed in that residence during such further period. 

Explanation.—For the purposes of this section, “residence” includes the staff quarters and other 
buildings  appurtenant  thereto,  and  the  garden  thereof,  and  “maintenance”  in  relation  to  a  residence 
includes the payment of local rates and taxes and the provision of electricity and water. 

5. Travelling and daily allowances to Leaders of Opposition.—1[(1)] Subject to any rules made in 

this behalf by the Central Government, a Leader of the Opposition shall be entitled to— 

(a) travelling allowances for himself and the members of his family and for transport  of his and 

his family’s effects— 

(i)  in  respect  of  the  journey  to  Delhi  from  his  usual  place  of  residence  outside  Delhi  for 

assuming office; and 

(ii)  in  respect  of  the  journey  from  Delhi  to  his  usual  place  of  residence  outside  Delhi  on 

relinquishing office; and 

(b) travelling and daily allowances in respect of tours undertaken by him in the discharge of his 

duties as Leader of the Opposition, whether by sea, land or air. 

2[(2) On and from the commencement of the Salaries and Allowances of Officers of Parliament and 
Leaders of Opposition in Parliament (Second Amendment) Act, 2002, a Leader of the Opposition and his 
family, whether travelling together or separately, shall be entitled to travelling allowance at the same rates 
and for the same number of return journeys as admissible to a Minister and his family under sub-section 
(1A) of section 6 of the Salaries and Allowances of Ministers Act, 1952 (58 of 1952).] 

6. Medical treatment, etc., to Leaders of Opposition.—Subject to any rules made in this behalf by 
the Central Government, a Leader of the Opposition and the members of his family shall be entitled free 
of charge to accommodation in hospitals maintained by the Government and also to medical treatment. 

7.  Leaders  of  Opposition  not  to  draw  salary  or  allowances  as  Members  of  Parliament.—No 
Leader of the Opposition in receipt of a salary or allowance under this Act shall be entitled to receive any 
sum out of funds provided by Parliament by way of salary or allowance in respect of his membership of 
either House of Parliament. 

8. Amenities to Leaders of Opposition.—(1) Subject to any rules made in this behalf by the Central 

Government, each Leader of the Opposition shall be entitled to telephone and secretarial facilities. 

(2)  Subject  to  any  rules  made  in  this  behalf  by  the  Central  Government,  each  Leader  of  the 

Opposition shall be entitled to a conveyance allowance of 3[three thousand rupees] per month: 

4[Provided that where a Leader of the Opposition is provided with conveyance facility with a driver 
for  the  purposes  of  security  or  otherwise  for  any  period,  he  shall  not  be  entitled  to  the  conveyance 
allowance for that period.] 

5[8A.  Advance  to  Leader  of  Opposition  for  purchase  of  motor  car.—There  may  be  paid  to  a 
Leader of the Opposition, by way of a repayable advance, such sum of money as may be prescribed by 
rules made in this behalf by the Central Government for the purchase of a motor car in order that he may 
be able to discharge conveniently and efficiently the duties of his office.] 

1. Section 5 renumbered as sub-section (1) thereof by Act 78 of 1985, s. 3 (w.e.f. 26-12-1985).  
2. Subs. by Act 56 of 2002, s. 3, for sub-section (2) (w.e.f. 17-9-2001).  
3. Subs. by Act 7 of 1991, s. 2, for “three hundred rupees” (w.e.f. 1-10-1990).  
4. Proviso ins. by s. 2, ibid. (w.e.f. 1-10-1990).  
5. Ins. by s. 3, ibid. (w.e.f. 1-10-1990). 

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9.  Notification  respecting  the  date  on  which  persons  became  or  ceased  to  be  Leaders  of 
Opposition to be conclusive evidence thereof.—The date on which any person became or ceased to be a 
Leader  of  the  Opposition  shall  be  published  in  the  Official  Gazette,  and  any  such  notification  shall  be 
conclusive evidence of the fact that he became, or ceased to be, a Leader of the Opposition on  that date 
for all the purposes of this Act. 

1[9A.Exemption from liability to pay income-tax on certain perquisites received by a Leader of 
the  Opposition.—Notwithstanding  anything  contained  in  the  Income-tax  Act,  1961  (43  of  1961),  the 
value  of  rent  free  furnished  residence  (including  maintenance  thereof)  provided  to  a  Leader  of  the 
Opposition  under  sub-section  (1)  of  section  4  shall  not  be  included  in  the  computation  of  his  income 
chargeable under the heading “Salaries” under section 15 of the Income-tax Act, 1961.] 

10. Power to make rule.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the rates at which rent shall be payable by the family of a deceased Leader of the Opposition 
to the use of the furnished residence occupied by him under clause (b) of sub-section (2) of section 4; 

(b) the travelling and daily allowances admissible to a Leader of the Opposition under section 5; 

(c) the medical treatment admissible to a Leader of the Opposition and the members of his family 

under section 6; 

(d)  the  telephone  and  secretarial  facilities  admissible  to  a  Leader  of  the  Opposition  and  the 

conditions subject to which he shall be entitled to conveyance allowance under section 8; 

2[(e) the advance payable to a Leader of the Opposition under section 8A.] 

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of  the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

11. [Amendment of Act 33 of 1977].—Rep. by the Repealing and Amending Act, 1988 (19 of 1988)   

s. 2 and the First Schedule (w.e.f. 31-3-1988). 

12. [Amendment of Act 33 of 1977].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988). 

1. Ins. by Act 78 of 1985, s. 4 (w.e.f. 26-12-1985). 
2. Ins. by Act 7 of 1991, s. 4 (w.e.f. 1-10-1990). 

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