No: 2 Dated: Mar, 24 1984

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

(Act No. II of 1984)

    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 :-

1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir State Legislature Members' Pension Act, 1984.

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

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

3. Pension. - (1) There shall be paid a pension of fifty thousand rupees per month to every person who has served for any period as a member of:-

(a) the Constituent Assembly of the State;

(b) the Legislative Council of the State; or

(c) the Legislative Assembly of the State.

(1A) Notwithstanding anything contained in sub-section (1), there shall be paid an additional pension of rupees one thousand per mensem to a person entitled to pension under sub-section (1) for every completed year in excess of the term as a Member of the Assembly or six years as a Member of the Council, as the case may be;

3A. Family Pension. - 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 :

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 who has completed term as member of the Legislative Assembly or the Legislative Council.

(2) Where a member dies, this 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.

3B. Medical allowance. - 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.