Section 6 of The Salary, Allowances and Pension of Members of Parliament Act, 1954
Free transit by Railway.
1[6. Free transit by railway.--(1) Every member shall be provided with one free non-transferable 2[first class air-conditioned or executive class of any train] pass which shall entitle him to travel at any time by any railway in India. Explanation.--3[For the purposes of this sub-section and sections 6A and 6B], a member shall include a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952), 4[a Leader of the Opposition as defined in the Salary and Allowances of Leader of Opposition in Parliament Act, 1977 (33 of 1977)] and an officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953 (20 of 1953), other than the Chairman of the Council of States.
- (2)A free railway pass issued to a member under sub-section (1) shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the Secretary of the House of the People or the Council of States, as the case may be: Provided that where any such pass is issued to a new member before he takes his seat in either House of Parliament, he shall be entitled to use the pass for attending a session of that House for taking his seat therein.
- (3)Until a member is provided with a free railway pass under sub-section (1) he shall be, and shall be deemed always to have been entitled to an amount equal to one 5[first class air-conditioned or or executive class of any train] fare for any journey of the nature referred to in sub-section (1) of section 4 performed by him by rail.
- (4)A member who on ceasing to be a member surrenders his pass shall, if he performs any return journey by rail of the nature referred to in sub-section (1) of section 4, be entitled and be deemed always to have been entitled in respect of that journey to an amount equal to one 5[first class airconditioned or executive class of any trains] fare.
- (5)Nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this Act.]
Summary
- Every member is given one free railway pass that they cannot give to anyone else.
- This pass allows the member to travel at any time in first class air-conditioned or executive class on any train in India.
- For this benefit, the word member includes Ministers and Leaders of the Opposition but specifically excludes the Chairman of the Council of States.
- The pass lasts for the member's entire term and must be returned to the Secretary of their House when their term ends.
- New members who have not yet taken their seat can use the pass to travel to the session where they will be sworn in.
- If a member has not yet received their physical pass, they are entitled to be paid back for one fare for journeys related to their official duties.
Practical examples
FAQ
1. Can a member use this pass to travel for personal vacations?
Yes, the law states they can travel at any time by any railway in India.
2. Does this free pass mean the member loses their other travel allowances?
No, this section does not take away any other travelling allowances the member is entitled to under this law.
3. What happens if a member loses their seat?
Once their term of office expires, they must surrender the pass to the Secretary of their respective House.
4. Is the Chairman of the Rajya Sabha covered by this railway pass provision?
No, the law specifically excludes the Chairman of the Council of States from the definition of a member for this section.
Test yourself
1.Under Section 6 of The Salary, Allowances and Pension of Members of Parliament Act, 1954, which group is specifically excluded from the definition of a member for railway pass purposes?
2.According to Section 6 of The Salary, Allowances and Pension of Members of Parliament Act, 1954, what is the required action when a member's term of office ends?
3.Under Section 6 of The Salary, Allowances and Pension of Members of Parliament Act, 1954, what class of travel is a member entitled to on any train in India?
4.Under Section 6 of The Salary, Allowances and Pension of Members of Parliament Act, 1954, what happens if a member performs a return journey home after surrendering their pass at the end of their term?
5.Under Section 6 of The Salary, Allowances and Pension of Members of Parliament Act, 1954, if a member has not yet been issued their pass, how is their travel for duty under Section 4 handled?