Karnataka Legislature Salaries, Pensions and Allowances Act, 1956 Section 11A - Bare Act |
| State | Karnataka Government |
| Year | 1956 |
| Section Title | Pension to the Members Etc |
1 [11A. Pension to the members etc
(1) With effect from the date, of commencement of section 1 of the Karnataka Legislature Salaries (Amendment) Act, 1978, there shall be paid, 2 [to every person, who has served,--
(a) after the first day of January, 1952], for a period of five years as,--
(i) a member of the Legislative Council; or
(ii) a member of the Legislative Assembly; or
(iii) partly as a member of the Legislative Assembly and partly as a member of the Legislative Council,
a pension of 3 [three thousand rupees] per mensem for the remainder of his life:
4 [Provided that where any person has served as aforesaid for more than five years there shall be paid to him an additional pension of rupees 3 [three hundred] per mensem for every subsequent completed year but subject to a maximum pension of 3 [rupees five thousand] per mensem.]
Provided further that where a member has been prevented from serving as such for five years on account of dissolution of the Legislative Assembly, he shall be deemed to have served as member for five years.
5 [Provided also that a person who was a member of the first Legislative Council and whose term was terminated by lots drawn before he could serve the full term of six years, shall be deemed, irrespective of the period for which he held office, to have served as member for five years:
Provided also that where a person is declared as elected by a court in an election petition and was not able to serve as a member during the pendency of the election petition, shall be deemed, irrespective of the period of actual service, to have served as a member for five years:
Provided also that where a person is declared as elected in a bye--election 2 [or is nominated as a member in the middle of a term and was not able to serve the full term, he] shall be deemed, irrespective of the period of actual service, to have served as a member for five years.]
6 [Provided also that where a member resigns after serving for a period of more than three years, he shall be deemed to have served as member for five years.]
Explanation.--For the purpose of this sub--section, a member of the Legislative Assembly or the Legislative Council includes a person who prior to the 1st day of November 1956 represented any of the areas which with effect on and from the said date have become part of the new State of Karnataka, as a member of the Legislative Assembly or the Legislative Council of the State of which the said areas were part:
Provided that in the case of a nominated member of the Legislative Assembly or the Legislative Council he shall be eligible for the pension if during his membership of the Legislative Assembly or the Legislative Council, he permanently resided in any area which forms part of the State of Karnataka.
7 [(b) before the first day of January, 1952 as a member of,--
(a) the Constituent Assembly;
(b) the Mysore Representative Assembly;
(c) the Mysore Legislative Assembly;
(d) the Legislative Assembly or the Legislative Council of any State (including an Indian State) or Province, which or any area of which now forms part of the State of Karnataka,
a pension of 8 [one thousand two hundred] per month for the remaining period of the life of such member irrespective of the period of his service:
Provided that no such pension shall be paid to a person unless,--
(i) in the case of a person who served as a member representing a territorial Constituency, he represented; and
(ii) in the case of any other member, he permanently resided during such membership in, any area which now forms part of the State of Karnataka]
9 [(1A) The pension payable to a member under clauses (a) and (b) of sub--section (1) shall not in the aggregate exceed 3 [five thousand] rupees per mensem;]
(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) is appointed or elected to the office of a Minister, a Minister of State, a Deputy Minister, a Chairman, Speaker, a Deputy Chairman, a Deputy Speaker, a Leader of the Opposition or a Government Chief Whip,
(iii) becomes a Member of the Council of State, or the House of the People or the Legislative Assembly of a State or Union Territory or any Legislative Council of a State; or
(iv) is employed on a salary in any State Government or Central Government or any Corporation owned or controlled by any State Government or the Central 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 or so employed or where the remuneration referred to in clause (iv) 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 balance as pension under that sub--section.
10 [(3) x x x]
(4) In computing the number of years, for the purpose of sub--section (1), the period during which a person has served in any one or more of the following capacities namely, a Minister, a Minister of State, a Deputy Minister, a Parliamentary Secretary, the Chairman, the Speaker, a Leader of the Opposition or a Government Chief Whip by virtue of his membership of the Legislative Assembly or the Legislative Council, shall also be taken into account.]
11 [(5) Every member entitled to pension under clauses (a) and (b) of sub--section (1),--
(i) shall be provided with one 12 [non transferable pass for him and his companion which shall entitle them] at any time to travel by road transport services of the Karnataka State Road Transport Corporation 12 [from the ordinary place of residence of such member] in Karnataka 8 [to any place in Karnataka] and back 13 [x x x] in such class of accommodation therein as may be prescribed;
(ii) shall be entitled to free of charge to such accommodation in hospitals and dispensaries maintained by the State Government 14 [or in hospital or dispensaries notified by the Karnataka Legislature] and to such medical attendance and treatment as may be prescribed.]
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1. Inserted by Act 31 of 1978 w.e.f. 26.12.1978.
2. Substituted by Act 22 of 1984 w.e.f. 26.12.1978.
3. Substituted by Act 14 of 2001 w.e.f. 1.12.2000.
4. Substituted by Act 5 of 1991 w.e.f. 1.11.1990.
5. Inserted by Act 21 of 1982 w.e.f. 26.12.1978.
6. Inserted by Act 5 of 1994 w.e.f. 1.9.1993.
7. Section 11 sub--section 1B to section 11C sub--section 2 Inserted by 22 of 1984 w.e.f. 26.12.1978.
8. Substituted by Act 5 of 1994 w.e.f. 19.1993.
9. Inserted by Act 24 of 1985 w.e.f. 26.12.1978
10. Omitted by Act 16 of 1987 w.e.f. 1.4.1987.
11. Clause (i) and (ii) Inserted by Act 5 of 1991 w.e.f. 1.11.1990.
12. Substituted by Act 19 of 1997 w.e.f. 1.9.997.
13. Omitted by Act 4 of 1997 w.e.f. 12.12.1996.
14. Inserted by Act 19 of 1997 w.e.f. 1.9.1997.