The Kerala Payment of Pension to Members of Legislature Act, 1976 Complete Act - Bare Act

Received the assent of the Governor on the 28th day of November, 1976 and pub. in K.G. Ex. No. 685 dated 1-12-1976)
THE KERALA PAYMENT OF PENSION TO MEMBERS OF LEGISLATURE ACT, 1976

An Act to provide for the payment of pension to persons who have been Members of the Legislature

WHEREAS it is expedient to provide for the payment of pension to persons who have been Members of the Legislature;

Be it enacted in the Twenty-seventh Year of the Republic of India as follows.--

(1) This Act may be called the Kerala Payment of pension to members of Legislature Act, 1976.

(2) It shall come into force at once.

(Substituted by Acts 3 of 1982, 7 of 1987 and 12/1994.) [(1)There shall be paid a pension per mensem at the rate specified in the Schedule to every person who has served as-]

(i) a member of the Kerala Legislative Assembly; or

(ii) a member of the Legislative Assembly of the former State of Travancore or Travancore-Cochin or Madras, representing any territory which after the 1st day of November, 1956, forms part of the State of Kerala or a member of the Legislative Council or the Legislative Assembly of the former State of Cochin; or

(iii) a member of the Legislative Council of the former State of Madras and who during the period of such membership was a permanent resident in the Malabar district referred to in sub-section (2) of section 5 of the State Reorganisation Act, 1956 (Central Act 37 of 1956); or

(iv) partly as a member referred to in any of the preceding clauses and partly as a member referred to in any one or more of the other preceding clauses:

(Proviso substituted by Acts 7/1987 and 12/1994 and subsequently Omitted by Act 8/1997) [xxxx]

Explanation."

For the purposes of this section, a person shall be deemed to have served as a member of a Legislative Assembly during the period when that Legislative Assembly remains suspended under Article 356 of the Constitution of India.

(Inserted by Act 3 of 1982.) [(1A) Where a member dies, his or her spouse shall, if such member would have been entitled to pension under sub-section (1) if he or she had ceased to be a member on the date of his or her death, be entitled to the same amount of pension as such member would have been entitled to if he or she had ceased to be a member on that date.

(1B) Where a person entitled to pension under sub-section (1) dies his or her spouse shall be entitled to the same amount of pension as would have been payable to such person if he or she had not died.

(1C) Where a person who would have been entitled to pension under subsection (1) if he or she were alive at the commencement of (Substituted by Act 12/1994.) [the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1994] (hereinafter referred to as the Amendment Act) has died before such commencement, the spouse of such person shall, with effect from the commencement of the Amendment Act, be entitled to the same pension as such person would have been entitled to under this Act, as amended by the Amendment Act, if this Act as so amended were in force on the date of his or her death],

(Inserted by ibid.) [1CC) The spouses referred to in sub-section (1A), (1B) and (1C) shall notwithstanding anything contained in those sub-sections be eligible for the enhanced rates of pension paid to the persons referred to in sub-section (1), from lime to time.]

(Inserted by Act 34/1989.) [(1D) Notwithstanding anything contained in this Act, a person entitled to pension under sub-section (1) shall also be entitled to receive the full amount of pension payable to him or her as spouse under sub-section (1A) or sub-section (1B) or sub-section (1C).]

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

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

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

(iii) is employed on a salary under the Government of India or any State Government or any corporation owned or controlled by the Government of India or any State Government, or any local authority or becomes otherwise entitled to any remuneration from such Government, corporation 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 (Inserted by Act 8/1997.) [other than a member of the Kerala Legislative Assembly] 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 to receive only the difference as pension under that sub-section.

Explanation."( Omitted by ibid.) [xxx]

(3) Where any person entitled to pension under sub-section (1) is also entitled to any pension from the Government of India (Omitted by Act 25/1991.) [xxx] or any corporation owned or controlled by the Government of India (Omitted by Act 25/1991.) [xxx] under any law or otherwise, then,-

(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 sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section.

(Added by ibid.) [(4)Where any person entitled to pension under sub-section (1) is also entitled to any other pension under any law made by the State or otherwise from the State Government or any Corporation owned or controlled by the State Government or any authority, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.]

[Explanation.--For the purposes of (Substituted by Act 25/1991.) [sub-sections (3) and (4)] pension granted by the Government of India under the Freedom Fighters, Pension Scheme, 1972 or by the Government of Kerala under the Kerala Freedom Fighters, Pension Rules or by any other State Government under a scheme for payment of pension to freedom fighters, shall not be deemed to be pension from the Government of India or, as the case may be, any State Government].

(Inserted by Act 3/1982.) [Any person who has served as a member referred to in clause (i) or clause (ii) or clause (iii) ⁽Substituted by Act 12/1994.) [of sub-section (1) of section 2 and the spouse of such person] shall, subject to such rules as may be made by the Government in this behalf, be entitled to medical treatment and medical attendance and to all other benefits in connection therewith to the same extent (Substituted by Act 6/1987.) [as a Class I Officer/Grade I Officer of the All India Services is entitled to from time to time].

Explanation.--For the removal of doubts, it is hereby clarified that no member of the (Substituted by Act 12/1994.) [famiiy of a person other than his or her spouse] to whom this section applies shall be entitled to any benefit under this section].

(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the form in which and the authority to which application for pension shall be made;

(b) the certificates to be furnished along with an application for pension;

(c) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should 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 under that rule.

Schedule added by Act 12/1994 and subsequently substituted by Acts 8/1997, 15/2000 and 14/2003.)
[Schedule

Provided that where any person has served as a member as stated in sub-s. (1) of S. 2 for a period exceeding five years, there shall be paid to him as additional pension of five hundred rupees per mensem for every year in excess of five years:

Provided further that in calculating the net qualifying period for pension, fraction of half year and above shall be rounded to the next completed year:

Provided also that the maximum pension to which a member is eligible under this Act shall not, in the aggregate, exceed rupees twelve thousand and five hundred per mensem.]