The Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1982[1] Complete Act - Bare Act

THE KERALA PAYMENT OF PENSION TO MEMBERS OF LEGISLATURE (AMENDMENT) ACT, 1982[1]

(ACT 3 OF 1982)

An Act to amend the Kerala Payment of Pension to Members of Legislature Act, 1976.

Preamble:

-WHEREAS it is expedient to amend the Kerala Payment of Pension to Members of Legislature Act, 1976, for the purposes hereinafter appearing;

BE it enacted in the thirty-third Year of the Republic of India as follows: -

1. Short and commencement. -(1) This Act may be called the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1982.

(2) It shall come into force at once.

2. Amendment of section 2. -In section 2 of the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1976 (46 of 1976) (hereinafter referred to as principal Act), -

(a) in sub-section (1), -

(i) for the opening paragraph, the following shall be substituted, namely: -

"There shall be paid a pension of two hundred rupees per mensem to every person who has served for a period of two years in the aggregate as";

(ii) in the proviso, -

for the word "five", in both the places where it occurs, the word "two" shall be substituted;

for the words "four hundred and fifty rupees" the words "five hundred rupees" shall be substituted;

(b) after sub-section (1), the following sub-sections shall be inserted, namely: -

"(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 sub-section (1) if he or she were alive at the commencement of Kerala Payment of Pension to Members of Legislature (Amendment) Act,1982 (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.".

(c) to sub-section (3), the following Explanation shall be added, namely: -

" Explanation. -For the purposes of this section, 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.".

3. Insertion of new section 2A . -After section 2 of the principal Act, the following section shall be inserted, namely: -

"2A. Medical facilities to ex-members . -Any person who has served as a member referred to in clause (i) or clause (ii) or clause (iii) of sub-section (1) of section 2 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 as a member of the Kerala Legislative Assembly is entitled to under the payment of Salaries and Allowances Act, 1951 (XIV of 1951).

Explanation. -

For the removal of doubts, it is hereby clarified that no member of the family of a person to whom this section applies shall be entitled to any benefit under this section."