CHAPTER-VII
21. THE PUNJAB STATE LEGISLATURE MEMBERS
(PENSION AND MEDICAL FACILITIES REGULATION)
AC.T, 1977.
Act NO.5 of 1977
AN
ACT
to provide for pension and medical facilities to persons who have been Members of the Punjab State Legislature. . Be it enacted by the Legislature of the State of Punjab in the Twenty-eight~ Year of Republic ofIndia as follows:-
1. (1) This Act may be called the Punjab State Legislature Members (Pension and Medical Facilities Regulation) Act, 1977.
(2) It shall come into force on such date as the State Government may by notification, appoint. '[ Ist May, 1977]
2. In this Act, unless the context otherwise requires 'Member' means a person who, after the commencement of the Constitution of India, has been a Member of :--
(i) the' Punjab Legislative Assembly; or
(ii) the Punjab Legislative Council; or
(iii) the Legislative Assembly of the erstwhile State of Patiala and East Punjab State Union; or
(iv) Partly as a Member of one and partly as a Member of the other.
3. 2[3 {( I) There shall be paid to every person, who remained as a Member, a pension of "[fifteen thousand rupees] per mensern plus Dearness Allowance thereon (as admissible to the Punjab Government Pensioners) for the first term, and an additional 5[ten thousand rupees] plus Dearness Allowance thereon (as admissible to the Punjab Government pensioners) for every subsequent term, irrespective of the tenures of the Punjab Vidhan Sabha, in which he had served as a Member:}
Short title and
Commencement
Definition
'Government of Punjab appointed the first day of May, 1977, as the date on which the said Act shall come into force, vide notification No. 1590-2PA-77 published in Extraordinary Gazette dated 26"'April, 1977. 2Substituted S. 3( I), (I-A) and (1-B) with S. 3( I) & 3(I-A) vide Punjab Act No. 3 r of2006 vide Notification No. 42-Legl2006. dt. 30.10.2006 with immediate effect. JSubstituted S. 3(1). vide Punjab Act No. 12 of 20 I0 vide Notification No. 19-Leg./2010,dt. 27.10.2010 (w.e.f 27.10.2010)
'Substituted vide Punjab Act No. 30 of2016 w.e.f. 26.10.2016 vide Notification No. 37-Leg.l20 16,dated 26.10.20 16
5Substituted vide Punjab Act No. 30 of20 16 w.e.f. 26.10.2016 vide Notification No. 37-Leg.12016, dated 26.10.2016
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1
Provided that when a person, who. had served as a Member, attains the age of sixty five years, seventy five years and eighty years, he shall, respectively, be entitled to. an increase of five per cent; ten per cent and fifteen per cent ofthe basic pension, admissible to. him at the attainment of such age.
'{(I-A) Omitted
(I-B) Omitted .. }]
2[(I_C) Omitted.
(I-D) Omitted.
(I-E) Omitted.] .
(2) Where any perSDn entitled to. pension under sub-section-I ,
(i) is elected to. the office of the President or Vice- President of India or is appointed to. the Office of the Governor Df any State Dr the Administratorof any Union Territory ; Dr
(ii) becomes a Member of the Council of States Dr the House of People Dr any Legislative Assembly of a State Dr Union Territory Dr any Legislative Council of a State Dr the Metropolitan Council of Delhi constituted under Section 3 of the Delhi Administration Act, 1966; or
(iii) is employed on a salary under the Central Government Dr any State Government Dr any Corporation owned Dr controlled by the Central Government Dr any State Government Dr any local authority Dr becDmes otherwise entitled to' any remuneration from such Government, Corporation Dr 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. Dr is so employed, or continues to be entitled to hold 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 (I), such person shall be entitled only to receive the balance as pension under that sub-section.
(3) JOmitted.
(4) "Omitted, 'Omitted vide Punjab Act No. 31 of20 16 vide notification No. 38-Leg./20 16 dated 26,10.20 16w.e.f. 30,10.2006.
20mitted vide Punjab Act No, 9 Qf2002 w.e.f 12.7.2002.- Notification No. Il-Leg! 2002, dated 12.07.2002. .
lOmitted vide Punjab Act No. 5 Qf 1992, vide Punjab Govt, Notification No. 7-Leg./92, dated the 29th July, 1S>92.
40mitted vide Punjab Act No. 31 of 2006 w.e.f. 30.10.2006.
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Recovery of Government' dues from pension. Family Pension. 1[(5) No person shall be entitled to pension under this Act for or in respect of the term and during the period for which he is disqualified by the Court of competent jurisdiction under the provisions of the Representations of the People Act, 1951.]
1(3-A.lfany person to whom pension is admissible under this Act has not paid to the State Government any amount payable. by him on account of any residential accommodation or any other facility ofwhatever nature provided to him by the State Government in his capacity as Minister. J {Leader ofOpJosition, as defined in the Salary and Allowances of Leader of Opposition in Legislative Assembly Act, 1978,] Speaker, Deputy Minister, DeputySpeaker, Chief Parliamentary Secretary, Parliamentary Secretary or Member, the above referred to amount due from him may be recovered from his pension.}]
4[3-B 5{(1) In the event of death ofa Member: .•
(i) who is getting pension under section 3 ; or
(ii) who is entitled to such pension, but is not getting; or
(iii) who would have been entitled to such pension had he or she not died},
his or, as the case may be, her spouse shall be entitled to draw family pension at the rate of fifty per cent of the pension to ~hich the Member would have been entitled had he or she died]
(2) Notwithstanding anything contained in sub section (I) in the case of a Member, who had died on or before the 23rd day of April, 2003, his or her spouse, as the case may be shall be entitled to draw family pension at the rate of Rupees two thousand five hundred per month}. 'Substituted S.3(5) vide Punjab Act No. 31 of 2016 bearing Notification No. 38-Leg./20 16,dt. 26.10.2016 (w.e.f 30.10.2006)
-Section 3-A inserted, vide Punjab Act No. 23 of 1978.
"lnserted, vide Act No. 24 of 1981.
"Substituted vide Punjab Act No. 16of 1993 vide Notification No. 16-Leg./93, dt. 06.05.1993. we.f 29.07. 1992
"Section 3-8 re-numbered as 38( I) and sub-section (2) added vide Act No.8 of 2006 w.e.f. 05.04.2006 vide No. 8-Legl2006. dt. 5.4.2006
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Medical facilities Ex-gratia grant Power to make Rules
.,
i [3-C. Every person, who draws pension or family-pension or is entitled to draw the same shall, in addition to the pension or family pension, as the case may be, admissible under this Act, shall be paid dearness allowance on pension, as is admissible to other pensioners of the State Government.]
4. Every person who is entitled to pension under the provisions of section 3, shall also be entitled to such medical facilities for himself and for the members of his family 2[ as may be prescribed by rules made under this Act.]
3[4-A. (I) Where a person who is servingas a Member of the Punjab Legislative Assembly dies, while in such service, there shall be paid to the members of his family an ex-gratia grant of "[five lac rupees.]
'[Provided that where the Member dies as a result of any terrorist act, the members of his family, shall be paid an ex-gratia grant of three lakh rupees.
(2) Where a person who is entitled to pension under the provisions of Section 3, dies as a result of terrorist act, the members of his family, shall be paid an ex-gratia grant of b[ five lac rupees J.
Explanation.- For the purpose of Section 4-A. the expression "terrorist ~ act" shall have the meaning as assigned to it, in the Terrorist and Disruptive Activities (Prevention) Act, 1987 (Central Act 28 01'.1987.] l
5. (II The State Government may make rules for carrying out the purposes of this Act.
(2) In pa-ticular and without prejudice to the generality of the foregoing power, the State Government may HI.~kerules in respect of the following matters, namely:- •...
(a) the form in which certificates, ifany, shall be f~mished by any person for the purpose or claiming any pension under this Act.;
(b) the family members who shall be entitled to medical facilities; 'Inserted, vide Act No. 21 of 1998.
2Substituted for words "as are, from time to time, admissible to Class-I Officers of Punjab Government", vide Act No. 10 of 1986.
'Section 4-A inserted, vide Punjab Act No. 10 of 1986.
"Substituted vide Punjab Act No. 22 of 2015-vide No. 23-Leg.l2015. dt. 15.05.20IS w.e.f 15.05.2015.
'Inserted proviso to Section 4-A, vide Punjab Act No.5 of 1992.
"Substituted vide Punjab Act No. 22 of 20 15-vide No. 23-Leg.l20 15, dt. 15.05.2015 w.eJ.15.05.2015.
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(c) generally for regulating payment of pension and providing medical facilities under this Act.
(3) Every rule made under this Section shall be laid as soon as may be, after it is made, before the House of the State Legislature while it is in .session for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House ~grees in making any modification in the rule 01' the House agrees, that the rule' ~hould not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
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