Himachal pradesh act 043 of 1976 : Himachal Pradesh Legislative Assembly (Allowances of Members) (Sixth Amendment) Act, 1976

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Legislative Assembly (Allowances of Members) (Sixth Amendment) Act, 1976.

(2) It shall come into force at once.

Section 2. Amendment of long title, preamble and sub-section (1) of section 1

2. Amendment of long title, preamble and sub-section (1) of section 1.- For the word "allowances" occurring in the long title, preamble and sub-section (1) of section 1 of the Himachal Pradesh Legislative Assembly (Allowances of Members) Act, 1971 (8 of 1971) (hereinafter called the principal Act), the words "allowances and pension" shall be substituted.

Section 3. Amendment of section 2

3. Amendment of section 2.- In section 2 of the principal Act, the following amendments shall be made, namely:-

(a) the word "and" appearing at the end of clause (c) shall be omitted;

(b) the sign occurring at the end of clause (f) shall be substituted by the sign and word "and";,

(c) after clause (f) so amended the following clause (g) shall be added:-

"(g) ‘territorial council’ means the council that existed in Himachal Pradesh during the absence of the Assembly from 1957 to 1963.".

Section 4. Amendment of section 3

4. Amendment of section 3.- Sub-sections (2), (3) and (5) of section 3 of the principal Act, shall be deleted.

Section 5. Insertion of section 6-B

5. Insertion of section 6-B.- After section 6-A of the principal Act, the following new section 6-B shall be inserted, namely:-

"6-B. Pension.- (1) There shall be paid a pension of Rs. 300,

per mensem to every person who has served for a period of not less than five years whether continuous or not as,-

(a) a member of Assembly; or

(b) a member of the territorial council; or

(c) partly as a member of the Assembly and partly as a member of the territorial council:

Provided that where any person has served as aforesaid for a period exceeding five years, there shall be paid to him an additional pension of Rs. 50 per mensem for every year in excess of five, so, however, that in no case the pension payable to such person shall exceed Rs. 500 per mensem,

(2) Where any person entitled to pension under sub-section (1),-

(i) is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or Administrator of any Union territory; or

(ii) becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or a Union territory or Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966 (19 of 1966); or

(iii) is employed on a salary under the Central Government or any State Government or in a Corporation owned or controlled by the Central Government or any State Government or local authority or becomes otherwise entitled to any remuneration from State Government, Corporations or local authority;

such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member or is so employed or continues to be entitled to such remuneration:

Provided that where the salary payable to such person for holding such office or being such member or so employed or where the remuneration referred to in clause (iii) payable to such person is in either case less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section.

(3) Where any person entitled to pension under sub-section (1) is also entitled to any pension from the Central Government or any State Government or any Corporation owned or controlled by the Central Government or any Sta Us Government or any local authority under any law or otherwise, than,-

(a) where the amount of pension to which he is entitled under such law or otherwise is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be entitled to any pension under that sub-section; and

(b) where the amount of pension to which he is entitled under such law or otherwise is less than that to which he is entitled under sub-section (1), such person shall be entitled to pension under that section only for an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section.

(4) In computing the number of years for the purposes of sub-section (1), the period during which a person has served as a Minister, as defined in the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971 (3 of 1971) or the Speaker or the Deputy Speaker of the Assembly or the Chairman of the Territorial Council shall also be taken into account.".

Section 6. Amendment of section 7

6. Amendment of section 7.- In sub-section (2) of section 7 of the principal Act, the word "and" occurring at the end of clause (f) shall be omitted and there after the following clause (ff) shall be inserted, namely:-

"(ff) the form in which certificate, if any, shall be furnished by any person for the purpose of claiming any pension under section 6-B; and".