JAMMU AND KASHMIR STATE LEGISLATURE MEMBERS' PENSION ACT, 1984

Preamble - THE JAMMU AND KASHMIR STATE LEGISLATURE MEMBERS' PENSION ACT, 1984

THE JAMMU AND KASHMIR STATE LEGISLATURE MEMBERS' PENSION ACT, 1984

[Act No. 2 of 1984]

[24th March, 1984]

PREAMBLE

An Act to provide for payment of Pension to Members' of the Jammu and Kashmir State Legislature and for matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-fifth Year of the Republic of India as follows :-

Section 1 - Short title and commencement

(1)     This Act may be called the Jammu and Kashmir State Legislature Members Pension Act, 1984.

[1] [(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.]

 

Section 2 - Definitions

[2] [In this Act, unless the context otherwise requires, 'Constituent Assembly' means the Constituent Assembly set up under the Proclamation dated 20th April, 1951.]

 

Section 3 - Pension

[3] [(1) With effect from the commencement of the Jammu and Kashmir State Legislature Members' Pension (Amendment) Act, 1997, there shall be paid a pension of three thousand rupees per mensum to every person who has served for a period of two years :-

(a)      as a member of the Constituent Assembly of the State; or

 

(b)      as a member of the Legislative Council of the State; or

 

(c)      as a member of the Legislative Assembly of the State; or

 

(d)      partly as a member of the Legislative Council of the State and partly as member of the Legislative Assembly of the State:

Provided that where any such person has served for a period exceeding a term as Member of the Assembly or six years as member of the Council, there shall be paid to him an additional pension of three hundred rupees per mensum for every completed year in excess of the aforesaid term or period, as the cue may be.]

(2) ???In computing the number of years for the purpose of sub-section (1);-

(a)      the period during which a person has saved as Chairman or Deputy Chairman of Legislative Council or Speaker or Deputy Speaker of Legislative Assembly or a Minister, Minister of State, Deputy Minister or Parliamentary Secretary or in more than one of these capacities by virtue of his membership in the Council or in the Assembly, shall also be taken into account;

[4] [(b) if the Legislative Assembly is dissolved before the expiration of the period of duration, the period commencing with the date of the constitution of the Legislative Assembly after the general election and ending with the date of dissolution, shall be deemed to be five years;]

(c) ??where a general election to the Assembly is held and election does not take place in any constituency for any reason and a member is elected in that constituency at the election held subsequently, in his case the term shall be deemed to have begun on the date on which the results of the general election in other constituencies are published under section 82 of the Jammu and Kashmir Representation of the People Act, 1957 in the Government Gazette;

[5] [(d) where upon the first constitution of the Legislative Council the term of office of some members then chosen has been curtailed in terms of section 156 of the Jammu and Kashmir Representation of the People Act, 1957, in their case the term for which they have served as members of the Legislative Council shall be deemed to be five years.]

 

Section 3A - Family pension

(1)     [6] [Where any person entitled to the pension under sub- section (1) of section 3 dies or has died prior to the commencement of the Jammu and Kashmir State Legislature Members' Pension (Amendment) Act, 1997, his family shall be entitled to family pension equivalent to 75% of the pension admissible to such person under the said sub-section if he had not died.

 

(2)     Where a member dies, his family shall if such member would have been entitled to pension under sub-section (1) of section 3, if he had ceased to be a member on the date of his death, be entitled to family pension equivalent to 75% of the pension as such member would have been entitled to if he had ceased to be a member on that date.

Explanation - For the purposes of this section "family" means spouse, minor son and unmarried daughter:]

[7] [Provided that the family of a member who dies before completion of two years term shall be entitled to family pension as admissible to the family of a member of the Legislative Assembly or the Legislative Council.]

 

Section 3B - Medical allowance

[8] [A person entitled to pension under sub-section (1) of Section 3 shall be paid medical allowance at the rate of three hundred rupees per month.]

 

Section 3C - Facilities to Ex-Chief Minister

(1)     Notwithstanding anything contained in this Act, a member who is entitled to pension under this Act and who has served as Chief Minister of the State, shall be entitled also to the following facilities, namely: -

(2)     Where an Ex-Chief Minister is entitled to salary, allowances, facilities, perks or any other remuneration under any Act or rules for the time being in force, he shall have the option to avail the facilities of the office he is holding or to the facilities provided hereinabove.]

Section 4 - Pension to be held in abeyance or to be reduced in certain circumstances

(1)     Where any person entitled to pension under section 3. ?

 

(a)      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

 

(b)      becomes a member of the Council of States or the House of the People or any Legislative Assembly of a State or Union Territory or any Legislative Council of a State;

 

(c)      is employed on a salary under the Central Government or any State Government or any corporation owned or controlled by the Central Government or any State Government, or any local authority or otherwise receives any remuneration from such Government, corporation or local authority; such person shall not be entitled to any pension under section 3 for the period during which he continues to hold such office, or continues as such member or is so employed, or continues to receive 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 (c) paid to such person, is, in either case, less than the pension payable to him under section 3, such person shall be entitled only to receive the balance as pension under that section.

[9] [(2) Where any person entitled to pension under sub-section (1) of section 3 is entitled to any other pension, such person shall be entitled to receive the pension under the said sub-section (1) in addition to such other pension.]

 

Section 5 - Power to make rules

(1)     The Government may make rules for carrying out the purposes of this Act.

 

(2)     In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -

 

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

 

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

 

(c)      the declaration to be made at the time of drawing pension;

 

(d)      any other matter necessary for proper implementation and enforcement of this Act.

Section 6 - Decisions on questions relating to pension

If there is any doubt or dispute as to whether a person is entitled to pension or as to the amount of pension or as to the period for which he shall be entitled to pension under this Act, the matter shall be referred to the Government and its decision shall be final.