Tamil Nadu Payment of Salaries (Amendment) Act, 1980*
| [Tamil Nadu Act No. 10 of 1980]* | [13th March, 1980] |
An Act further to amend the Tamil Nadu Payment of Salaries Act, 1951.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-first year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 11th February, 1980, Part IV - Section 1, page 96-97.
* Received the assent of the Governor on the 13th March, 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 13th March, 1980 Masi 30, Chitharthi-2001 - Thiruvalluvar Aandu.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Payment of Salaries (Amendment) Act, 1980.
(2) Clause (2) of section 3 shall be deemed to have come into force on the 29th day of April, 1979.
2. Amendment of section 10, Tamil Nadu Act XX of 1951.- In section 10 of the Tamil Nadu Payment of Salaiies Act, 1951 (Tamil Nadu Act XX of 1951) (hereinafter referred to as the Principal Act), for the words "Chairman or the Deputy Chairman", the words "the Chairman, the Deputy Chairman, the Chief Parliamentary Secretary or the Parliamentary Secretary" shall be substituted.
3. Amendment of section 12, Tamil Nadu Act XX of 1951.- In section 12 of the principal Act,
(1) in sub-section (4),-
(a) after the expression "Every Member referred to in sub-section (1) shall", the expression "for himself and the members of his family" shall be inserted;
(b) the following proviso shall be inserted, namely:-
"Provided that every person who had been a Member of the Legislative Assembly or of the Legislative Council or of both, but had ceased to be such Member at any time, shall subject to such conditions and during such period as may be determined by rules made by the State Government, be entitled free of charge to accommodation in the hospitals maintained by the State Government and also to medical treatment and the benefits conferred by this proviso shall not be available to the members of the family of the person referred to in this proviso."
(2) after sub-section (4-B), the following sub-section shall be inserted, namely:-
"(4-C) Every Member of the Legislative Assembly or the Legislative Council who does not hold any of the offices referred to in sections 3 to 6-A shall be entitled to have a telephone at his residence, the installation expenses of which alone shall be met with by the State Government.".
4. Substitution of new section for section 12-B, Tamil Nadu Act XX of 1951.- For section 12-B of the principal Act, the following section shall be substituted, namely:-
"12-B. Pension.- (1) There shall be paid fusion of two hundred and fifty rupees per mensem to every person who after the first day of March, 1952, had been or is a Member of the Legislative Assembly or of the Legislative Council or of both, for one term:
Provided that where any person has served either as a Member of the Legislative Assembly or as a Member of the Legislative Council or as both for a period exceeding five years, there shall be paid to him an additional pension of fifty rupees per mensem for every further period of one year as Member, so however that in no case the pension payable to such person shall exceed five hundred rupees per mensem.
(2)(i) any Person who has been paid any pension under this Act as in force before the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act, 1980, in the Tamil Nadu Government Gazette, becomes entitled to increase in the amount of pension so paid by Virtue of the said Amendment Act, the increase shall be given effect only on and from the date of such publication and lie shall not be entitled to any arrears of such increase.
(ii) If any person becomes entitled to pension for the first time by virtue of this section, he shall be paid such pension only with effect on and from the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act, 1980, in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension.
(3) The State Government may make rules providing for the conditions and restrictions subject to which such pension may be granted:
Provided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than Travelling Allowance either from any State or the Central Government or from any company or statutory body owned or controlled by State or the Central Government and if any such income was or is received, the payment of pension shall be suspended for that period:
Provided further that no such pension shall be paid to any person who is in receipt of pension for having been a Member of the Parliament.
Explanation I.- For purposes of sub-section (1), the expression "one term" shall mean a period of not less than one year and not more than five years of membership in the Legislative Assembly or in the Legislative Council or in both, whether continuous or not.
Explanation II.- For the purpose of additional pension referred to in the proviso to sub-section (1), the period of membership in the Legislative Assembly or in the Legislative Councilor in both need not be continuous.
Explanation III.- For purposes of this section salary includes salary received under this Act and salary received as-
(i) a Member of the Parliament or any other State Legislature
(ii) a Minister or Deputy Minister of the Government of India or of any other State.
(iii) the ??? of the Council of States or the Legislative ??? of any other State.
(iv) the Speaker or Deputy Speaker if the House of the People ??? State".