Himachal pradesh act 013 of 1988 : Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) (Amendment) Act, 1988

Preamble

Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) (Amendment) Act, 1988*

[Himachal Pradesh Act No. 13 of 1988]2[26th October, 1988]

[Authoritative English text of the Himachal Pradesh Vidhan Sabha (Sadaryan ke Bhatte our Pension) (Sanshodhan) Adhinyam, 1988 (1988 ka Adhinyam Sankhyank 7)].

An Act further to amend the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (Act No. 8 of 1971).

Be it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-ninth Year of the Republic of India as follows:-

2. Passed in Hindi by the H.P. Vidhan Sabha. For statement of Objects and Reasons see R.H.P. Extra., dated 31-8-1988, P. 2098 and 2100.

* Received the assent of the Governor, Himachal Pradesh, on the 26th October, 1988 and was published in Hindi in R.H.P. Extra., dated the 19th October, 1988 at page 2535 and in English in R.H.P. Extra., dated the 29th October, 1988 at page 2536

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Legislative Assembly (Allowances and Pension, of Members) (Amendment) Act, 1988.

(2) It shall come into force and shall be deemed to have come into force with effect from the 24th day of January, 1986.

Section 2. Amendment of section 6-B

2. Amendment of section 6-B.- At the end of section 6-B of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971), the following new sub-section (6) shall be added, namely:-

"(6) Notwithstanding anything to the contrary contained in this section where a person would have been entitled to draw pension under sub-section (1), but for his death before the 31st day of December, 1976 he could not draw such pension,-

(i) his/her spouse during his/her life time or till he/she remarries; or,

(ii) if such person leaves no spouse, his/her minor children till they attain the, age of majority and in case of daughters till they get married;

shall be entitled to draw pension equal to the sum which would have been drawn by such a person as pension under this section as if such person was alive on the 31st day of December, 1976 or the sum of rupees three hundred and seventy-five per mensem, whichever is higher:

Provided that the upper limit of rupees three hundred and seventy-five shall not apply for the pension under this sub-section for the period from the 24th day of January, 1986 to the 31st day of March, 1988:

Provided further that where more than one person becomes entitled to pension under this sub-section all such persons shall draw the said pension in equal shares."

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