The Governors (Emoluments, Allowances and Privileges) Act, 1982

Summary of The Governors (Emoluments, Allowances and Privileges) Act, 1982
Key Provisions
1. Definitions
• Ex-Governor: A person who has been the Governor of a State or more.
• Governor: Includes any person discharging the Governor's functions.
• Maintenance, Members of the Family, Official Residences, Rules, State (defined in Section 2)
• Emoluments- Governors are paid ₹3,50,000 per month (as of the last amendment provided, 2018).
• Reductions apply if the Governor receives a pension or contributory provident fund benefits from previous government service.
2. Allowances and Privileges
• Leave Allowance: Determined by the President.
• Official Residences: Use without rent, with furnished and maintained residences.
• Household Establishment: No personal charge for staff emoluments.
• Medical Treatment: Free for the Governor and family, both during and after tenure.
• Conveyance: Use of motor vehicles without rent or hire, with maintenance covered.
• Traveling Allowance: For assuming/vacating office.
• Renewal and Maintenance Allowances: For official residences.
• Other Privileges and Allowances: Entertainment, hospitality, etc., as determined by the President.
• Additional Expenses: The President may sanction increased expenses or new ones not covered by rules.
• Secretarial Assistance for Ex-Governors: One Personal Assistant on a reimbursement basis, unless re-appointed to certain offices.
3. Administrative Provisions
• Power to Make Rules: By the President, to give effect to the Act's provisions.
• Validation: Validates past special orders on allowances, expenses, and privileges.
• Saving: Ensures the Act does not reduce emoluments and allowances of Governors during their term.

Legislative History:

The Governors (Emoluments, Allowances and Privileges) Act, 1982

Act Title - The Governors (Emoluments, Allowances and Privileges) Act, 1982

Act Number/Year - 43 of 1982

Act ID (India Code) - 198243

Presidential Assent Date - August 28, 1982

Enforcement Date - April 1, 1987

Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

1. Constitutional Mandate and Repeal of British-Era Orders:

o Under Article 158(3) of the Constitution of India, the emoluments, allowances, and privileges of a State Governor are determined by Parliament by law, and until such provision is made, they are specified in the Second Schedule.

o Prior to 1982, Governor emoluments and allowances were largely governed by colonial-era statutory orders and colonial precedents under the Government of India Act, which had become obsolete in independent India's democratic framework.

2. Standardization and Institutional Dignity:

o The legislative intent centered on replacing antiquated provisions with a comprehensive, modern central statute to regulate the salary, official residences, medical facilities, travel privileges, and pensionary benefits of Governors in a uniform and transparent manner across all states.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Ministry of Home Affairs to fulfill the explicit mandate under Article 158(3) of the Constitution, rationalizing executive perks while maintaining the dignity of constitutional officeholders.

• Parliamentary Passage: Introduced, deliberated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the monsoon session of 1982.

• Presidential Assent: Received Presidential Assent on August 31, 1982.

• Enforcement: Brought into force across India on November 1, 1982.

• Source: Official Records of Parliament, India Code, and Ministry of Home Affairs (Department of States)