Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) (Third Amendment) Act, 1988*
| [Himachal Pradesh Act No. 3 of 1989]1 | [4th February, 1989] |
[Authoritative English text of the Himachal Pradesh Vidhan Sabha (Sadaryan ke Bhatte our Pension) (Tritiya Sanshodhan) Adhinyam, 1988 (1989 ka Adhinyam Sankhyank 3) as required under clause (3) of the Article 348 of the Constitution of India].
An Act further to amend the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 Act No. 8 of 1971).
It is hereby enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-ninth Year of the Republic of India as follows:-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. Extra., dated 23-12-1988, p. 70 and 73.
* Received the assent of the Governor, Himachal Pradesh, on the 4th February, 1989 and was published in Hindi in, R.H.P. Extra., dated 7th February, 1989 at page 239-241 and in English in R.H.P. Extra, dated 7th February, 1989 p. 242-243
1. Short title.- This Act may be called the Himachal Pradesh Legislative Assembly Allowances and Pension of Members) (Third Amendment) Act, 1988.
2. Amendment of section 6-B.- In section 6-B of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 1971) (hereinafter called the principal Act),-
(a) for the words and figure "Rs. 1500 per mensem", occurring in the second proviso to sub-section (1), the words "the maximum pension admissible to the highest Grade-I Officer of the State Government" shall be substituted;
(b) after sub-section (1), the following new sub-section (1-A) shall be added, namely:-
"(1-A) Notwithstanding, any thing to the contrary contained in sub-section (1), every person who is not eligible to draw pension under sub-section (1) for the reason that he has not served as member for a period specified therein, shall be paid a pension-
(i) if he has served for a period exceeding one year but less than 2 years, equal to 1/3rd of the amount of pension admissible under sub-section (1);
(ii) if he has served for a period exceeding 2 years but less than 3 years, equal to 2/3rd or the amount of pension admissible under sub-section (1); and.
(iii) if he has served for a period exceeding 3 years but less than five years, equal to the amount of pension admissible under sub-section (1).";
(c) for existing sub-section (5) the following sub-section (5) shall be substituted and thereafter new sub-sections (6) and (7) shall be added, namely:-
"(5) Where any person who draws pension or is entitled to draw pension under sub-section (1), dies-
(i) his/her spouse during his/her Life time or time he/she remarries; or
(ii) if such person leaves no spouse his minor children till they attain the age of maturity and in case of daughters till they get married;
shall be entitled to draw pension at the rate's specified in the Schedule to this Act:
Provided that where more than one person becomes entitled for pension under this sub-section all such persons shall draw the said pension in equal shares.
(6) The State Government may, from time to time, by notification published in the Official Gazette, modify the rates specified in the Schedule to this Act:
Provided that every notification under this sub-section shall, immediately after it is issued, be laid before the State Legislative Assembly.
(7) Every person who draws pension/family pension or is entitled to draw pension/family pension pension shall in addition to the pension/family pension/family pension under this section, be paid a relief in pension at the same rates as is admissible to other pensioners of the State Government."
3. Addition of Schedule.- The following Schedule shall be added to principal Act, namely:-
"SCHEDULE
[See sub-sections (5) and (6) of section 6-B)
The rates of family pension under sub-section (5) of section 6-B of the Act shall be as under:-
| Pension admissible to ex-M.L.A. under sub-section (1) of section 6-B per mensem 1 | Rates of family pension per mensem 2 |
| (i) Not exceeding Rs. 750/- | 60 per cent of pension subject to a minimum of Rs. 375/- |
| (ii) Exceeding Rs. 750/- but not exceeding Rs. 1500/- | 40 per cent of pension subject to a minimum of Rs. 450/- |
| (iii) Exceeding Rs. 1500/- | 30 per cent of pension subject to a minimum of Rs. 600/- and a maximum for Rs. 1250/-". |
4. Transitory provisions.- Any person who on the commencement of this Act, is in receipt of a family pension under the principal Act in excess of the amount to which he would have been entitled under the provisions of sub-section (5) of section 6-B of the principal Act, as amended by clause (c) of section 2 of this Act he shall continue to draw the pension at the smile rules but the difference between the amount of family pension admissible and the union of already be ins draws by him shall be treated as personal to him, subject to its being absorbed in future increases in family pension or the clearness relief in pension admissible under section 6-B of the principal Act.