Section 4 of The Salaries and Allowances of Ministers Act, 1952
1[(1)] Each Minister shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of 2[one month] immediately thereafter, and no charge shall fall on the Minister personally in respect of the maintenance of such residence. 3[(2) In the event of death of the Minister, his family shall be entitled to the use of the furnished residence occupied by the Minister--
- (a)for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the Minister in respect of the maintenance of such residence, and
- (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.
Summary
- Each Minister is entitled to a rent-free, furnished house to live in during their entire term of office.
- A Minister can continue using this rent-free house for one month immediately after their term ends.
- The Minister does not have to pay anything personally for maintaining the house, which includes utilities and local taxes.
- If a Minister dies, their family can stay in the furnished house rent-free and maintenance-free for one month immediately after the death.
- The family can stay for a second month by paying rent at rates set by the Central Government, plus the costs for electricity and water they use.
- The term residence includes staff quarters, other buildings belonging to the property, and the garden.
- The term maintenance includes paying local rates and taxes, as well as providing electricity and water.
Practical examples
FAQ
1. Who pays for the electricity and water of the Minister's official residence?
Under the definition of maintenance, the government covers these costs, so no charge falls on the Minister personally.
2. Does the residence include other buildings on the property?
Yes, the residence includes staff quarters, other buildings connected to the main house, and the garden.
3. What happens if a Minister dies while holding office?
The Minister's family can stay in the house rent-free for one month, and they can stay for a second month if they pay rent, electricity, and water charges.
4. How long can a Minister stay in the residence after they leave office?
They are entitled to stay in the furnished residence without rent for exactly one month immediately after their term ends.
5. Who sets the rent rates for the second month of a deceased Minister's family's stay?
The Central Government sets these rates through rules made under the Act.
Test yourself
Q1.How long can a Minister stay in the official residence rent-free after leaving office?
Q2.What is included in the legal term maintenance for the residence under Section 4?
Q3.If a Minister dies, what is the maximum time their family can stay in the residence without paying rent?
Q4.What must the family of a deceased Minister pay to stay for a second month in the residence?
Q5.What parts of the property are legally included as part of the residence?
Q6.Who is personally responsible for paying local rates and taxes on the official residence?