Kerala act 046 of 1976 : The Kerala Payment of Pension to Members of Legislature Act, 1976 (No.46 of 1976)

206

THE KERALA PAYMENT OF PENSION TO MEMBERS

OF

LEGISLATURE ACT.

1976

(Act ^46of

1076)

CONTENTS

Preamble Sections

1

Short trtle

and commencement

2

Pensxon

of

Members ^of

Legrslature

3

Power to make

rules

THE KERALA

PAYMENT^OF

PENSION TO

MEMBER:

OF

LEGISLATURE

ACT,

1976* (Act ^{46 of}

1976)

An Act to

provide

for

the

payment

of

pension

to

persons who have been Members

of the

Legislature Preamble—WHEREAS 1t 15

expedlent

to

prov1de

for the payment ^ofpensmn ^to

persons^whohavebeen

Members ^{of the} Leglslature. BE 1t

enacted

in the

Twenty-seventh

Year

of

the

Repubhc of Indla as

follows:—

1 Short

title

and

commencement—(1)

This

Act may be called the

Kerala

Payment

of

Pension

to Members

of

Leglsla— ture Act. 1976

(2) ^It

shall ^{come mto}force ^atonce

2 Pension

of Members

of

Legislaturc.-—(1)

Wlth el'fect from the commencement of th1s

Act,

there

shall be

pald ^a pensmn ^oftw0hundred and

fifty rupees per

mensem to every 'Recelved the

assent of the

Governor on the 28th

day

of Novcm- ber ^1976and

publlshed ^m

the Kerala

Gazette

Extraordmary

No

685,

dated

151;

December

1976.

h.

N

't

207

person who has served for^a

penod

of

five years after

the 15th day ^of

August, 1947, ^as—

(1) ^amember^ofthe

Kerala

Leg1slat1ve

Assembly, ^or

(11) ^a

member ^{of the}

Leg1slat1ve Assembly ^{of the} former

State ^of

Travancore

or

Travancore—Cochm or

Madras, rep'resentmg ^any

terr1tory

wh1ch after^thelst

day ^of November.

1956,

forms

part

of the

State

of

Kerala or a 'member of ^the

Leg1slat1ve

Councfl or

the

Leg1slat1ve

Assembly of

the former

State

of

Cochm,

or

(111) ^a

member^ofthe

Leg1slat1ve

CounC1l^oftheformer State of Madras and

who

durmg

the

per1od

of

such

membershlp was ^a

permanent

res1dent¹ⁿ

the

Malabar

d1str1ct

referred to 1n sub—sechon

(2)

of sectlon 5 of

the

States

Reorgamsatlon

Act,

1956

(Central

Act

37

of

1956),

or ^- (1v)

partly ^asamember

referred^to1n

any^ofthepre- cedmg

clauses^and

partly ^{as a}

member

referred ^{to1n any one} or more of

the other

precedmg

clauses:

Prov1ded

that

where any

person has served as aforesald for a

perlod exceedmg

five years, there

shall

be

pa1d

to h1m an

addltlonal

penS1on of

fifty rupees

per

mensem for every year ¹ⁿ

excess of

five, so, however. that^1nnocasethe pens1on payable ^{to such}

person shall exceed ^fourhundred ^and

fifty rupees per

mensem. Explanation—For ^thepurposes ^{of th1s}

sect10n, ^a

person shall be deemed to have served as

a

member ^ofa

Leglslatwe Assembly dur1ng ^the

per1od ^{when that}

Leg1slat1ve Assembly remams

suspended

under

Artrcle

356 of the

Const1tut10n ot Ind1a.

(2)

Where any

person entitled ^to

pen51on under^sub- sect1on

(1),—

(1) ^1s

elected ^{to the}office ^{of the}

Pres1dent ^orV1ce- Pre51dent of

Ind1a^or

is

appomted ^totheOffice ^oftheGovernor of any State ^or

the Adm1n1strator of any Umon

Terr1tory, ^or

(11)

becomes ^amember ^oftheCounc1l ^ofStates ^orthe House ^of

the

People ^orthe

Leglslat1ve

Assembly ^ofany State or

Union

Terr1tory

or

the

Leglslatwe

Councfi

of

a State

or the Metropohtan

Counc11^ofDelh1 const1tuted

under

sect1on ^3of the Delhi

Admmlstranon

Act,

1966, ^or

208

(111) ^1s

employed ^ona

salary

under

the

Government

of India or

any State

Government or

any

corporation

owned or controlled

by

the

Government of

Ind1a or

any State Govern— ment, ^or

any local

author1ty ^or

becomes

otherw1se ent1tled to any

remunerat1on

from such

Government, corporat1on

or

local author1ty, such person shall not be

ent1tled to

any

penswn under

sub- section

(1)

for the

per1od

durmg

wh1ch he cont1nues to hold such

office or as

such

member,

or 15 so

employed,

or

contmues to be ent1tled to

such remuneration. Prov1ded that

where the

salary

payable

to

such person for

holdmg

such office or

bemg

such member or

so

employed,

or where

the remunerat1on

referred to

1n

clause

(111)

payable

to such person,

15,

1n either case, less

than the pen51on payable

to h1m under sub-section

(1),

such person shall

be ent1tled

to recelve

only

the difference as

pensmn under that

sub-sect1on Explanation ^{—For the}purposes^{of th1s}prov1so, ^theterm

"salary" ^w1threference^toaMember^ofthe

Kerala

Legislatwe Assembly

means^thesumstowh1ch^aMember^oftheKerala Leg1slat1ve Assembly ¹⁵ent1tled under clauses ^{(a) and (aa) of} sub-section

(1)

of

sect1on⁸of

the

Payment ^ofSalaries and Allowances

Act, ¹⁹⁵¹

(XIV ^of

1951).

(3)

Where any

person entitled^topensmn

under^sub- sect1on

(1) ¹⁵

also ent1tled^to

any pen51on

from the

Government of Ind1a ^or

any State

Government ^or

any corporation

owned or

controlled

by

the Government

of Ind1a

or

any State Goverment, ^or

any local

author1ty,

under^{anylaw or}

otherW1se, then,—

(a)

where ^the

amount ^of

pens1on ^toWhich ^he15 ent1tled

under^{suchlaw or}

otherwuse, ¹⁵

equal ^toor1nexcess of

that to which

he ^is

ent1tled

under sub-sect10n

(1),

such person shall ^notbe

ent1tled ^toany

pens1on

under that ^sun- section, ^and (b)

where^theamount ^of

pens1on ^towhich he

ent1tled

under^{suchlaw or}

otherw1se, ^15lessthanthat ^towh1ch he ^1sent1tled under sub-sect1on

(1),

such person

shall be entitled ^to

pensmn under

that

sub-section

only

of an amount wh1ch falls

short of

the

amount of

pen51on ^towh1ch

3

209

3.

Power ^to

make

rules.—(1) The Government may,

by notlficatlon 1n the

Gazette,

make rules for

the purpose of carrying ^Into

effect ^theprov151ons^{of thxs Act}

(2) ^In

partlcular, ^and

W1thout

prejudlce ^tothe

generahty nf

the

foregomg power, such

rules may

prov1de

[or—-

(a) ^theformm

wh1ch^{and the}

authorlty ^towh1ch apphcatlon ^forpensmn shall^be

made,

(b) ^the

certlficates^{to be}

furmshed

along ^W1than appllcatlon ^for

penswn,

(c) ^anyother matter

wh1ch ^hasto

be, ^or

may be, prescrlbed

(3)

Every ^{rule made}

under^{th1s Act}

shall^be

land, ^{as soon} as

may be

after it IS

made,

before

the

Leglslatwe Assembly, whlle 1t 15 ^m

sessmn, for ^a

total

perlod

of fourteen

days

wh1ch may be

comprlsed ^1none

sessmn ^{or 1n two}

successwe

sessxons, and

1f,

before the expxry^of

the

sess1on ¹ⁿwh1ch 1t ^15sola1d ^'or the sess1on

immedlately followmg.

the

Legislatwe Assembly makes any modlficatlon ¹ⁿthe^{rule or}

dec1des ^{that therule} should not be

made, ^therule shall

thereafter^haveeffect

only m

such modlfied form or be of

no

effect,

as

the case

may be, so, however,

that any such modxficatlon ^orannulment shall

be thhout

prejudlce ^tothe

val1d1ty ^of

anythmg prevxously ^done under that rule.