Tamil Nadu Payment of Salaries (Amendment) Act, 1982*
| [Tamil Nadu Act No. 10 of 1982]* | [9th March, 1982] |
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-third Year of the Republic of India as follows:-
* For statement of of Objects sad Reasons, see Tamil Nadu ??? ???.
* Received the assent of the Governor on the 8th March, 1982, first published in the Tamil Nadu Government Gazette Extraordinary, on the 9th March, 1982 Masi 25, Thunthubi, Thiruvalluvar Aandu-2013.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Payment of Salaries (Amendment) Act, 1982.
(2) Sub-clause (iii) of clause (a) of Section 2, shall be deemed to have come into force on the 13th March, 1980.
2. Amendment of section 12B, Tamil Nadu Act XX of 1951.- In section 12-B of the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951),-
(a) in sub-sect ion (1),-
(i) for the expression "first day of March, 1952", the expression "15th day of August, 1947" shall be substituted;
(ii) before the proviso, the following Explanation shall be inserted, namely:-
"Explanation.- For the purpose of this sub-section,-
(a) a Member of the Legislative Assembly shall include a Member of the Legislative Assembly of the former State of Travancore-Cochin, representing any territory which after the 1st day of November, 1956, forms part of the State of Tamil Nadu;
(b) a Member of the Legislative Assembly or of the Legislative Council shall include a Member of the Legislative Assembly or of the Legislative Council of the State of Andhra Pradesh representing any territory which after the 1st day of April, 1960, forms part of the State of Tamil Nadu;
(iii) after the proviso, the following proviso shall be inserted, namely:-
"Provided further that no pension under this-sub-section shall be paid to any person,-
(a) who is in receipt of pension from any other State for having been a Member of the Legislative Assembly or of the Legislative Council of such State;
(b) who was a Member of the Legislative Assembly or of the Legislative Council of the former State of Madras, representing any territory which ceased to form part of the State of Tamil Nadu.";
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
"(2-A) If any person becomes entitled to pension for the first time or to any increase in pension by virtue of this section, as amended by the Tamil Nadu Payment of Salaries (Amendment) Act, 1982, he shall be paid such pension or such increase in pension, as the case may be, only with effect on and from the date of publication of the said Act in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension.";
(c) in sub-section (3), for the second proviso, the following proviso shall be substituted, namely
"Provided further that-
(a) no such pension shall be paid to any person for the period during which such person was or is in receipt of any other pension or honorarium either from any State or the Central Government or from any company or statutory body owned or controlled by any State or the Central Government, or in receipt of any political pension either from any State or the Central Government, if the amount of such other pension, honorarium or political pension, is equal to, or in excess of, the pension to which he is entitled under sub-section (1);
(b) where the amount of such other pension, honorarium or political pension is less than the pension to which he is entitled under sub-section (1), such person shall be entitled to receive only the difference as pension under that sub-section."