Punjab State Legislative Members (Pension and Medical Facilities Regulation) Act, 1977
No: 5 Dated: Apr, 26 1977
THE PUNJAB STATE LEGISLATURE MEMBERS (PENSION AND MEDICAL FACILITIES REGULATION) ACT, 1977
Act No. 5 of 1977
An Act to provide for pension and medical facilities to persons who have been members of the Punjab State Legislature.
Be it enacted by the Legislature of the State of Punjab in the Twenty-eighth year of the Republic of India as follows :-
1. Short title and commencement. - (1) This Act may be called the Punjab State Legislative Members (Pension and Medical Facilities Regulation) Act, 1977.
(2) It shall come into force on such date as the State Government may by notification, appoint.
2. Definitions. - In this Act unless the context otherwise requires 'member' means a person who, after the commencement of the Constitution of India, has been a member of :-
(i) the Punjab Legislative Assembly; or
(ii) the Punjab Legislative Council; or
(iii) the Legislative Assembly of the erstwhile State of Patiala and East Punjab State Union; or
(iv) partly as a member of the one and partly as a member of the other.
3. Pension. - (1) From the date of commencement of this Act, there shall be paid to every person who has served as a member for a period of five years, whether continuous or not, a pension of three hundred rupees per mensem :
Provided that where any person has served as aforesaid for a period exceeding five years, there shall be paid to him an additional pension of fifty rupees per mensem for every year in excess of five, so , however, that in no case the pension payable to such person shall exceed five hundred rupees per mensem.
(1-A) Where a person has served as member for full term of a Legislative Assembly but that term falls short of five years by a period not exceeding three months such person shall, for the purposes of sub-section (1), be deemed to have served as a member for a period of five years :
(1-B) Notwithstanding anything contained in sub-section (1) and (1-A), there shall be paid to every person who has served as a member a pension of one thousand rupees per mensem :
Provided that where any person has served as aforesaid for a period exceeding five years, there shall be paid to him an additional pension of one hundred rupees per mensem for every year in excess of five - ;
(2) Where any person entitled to pension under sub-section (1) or sub-section (1-B)
(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 People or any Legislative Assembly of a State or Union Territory or any 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 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 becomes otherwise entitled to any remuneration from such Government, Corporation or local authority; such person shall be entitled to any pension under sub-section (1) or sub- section (1-B) 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 hold 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 (iii) payable to such person is, in either case, less than the pension payable to him under sub-section (1) and sub- section (1-B) such person shall be entitled only to receive the balance as pension under that sub-section.
(3) Where any person entitled to pension under sub-section (1) or sub- section (1-B) is also entitled to any pension from 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, 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) or sub-section (1-B) 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) or sub-section (1-B) 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.
Explanation. - For the removal of doubts it is hereby declared that the pension payable under the Freedom Fighters Pension Scheme, 1972, framed by the Central Government and the financial assistance given from the Punjab National Workers Relief Fund shall not be taken into account for the purposes of determining the amount of pension payable under this Act.
(4) In computing the number of years, for the purposes of sub-section (1), the period during which a person has served as a Chairman, Minister, Speaker, Deputy Chairman, Deputy Minister, Deputy Speaker or Chief Parliamentary Secretary or Parliamentary Secretary by virtue of holding office of member shall also be taken into account.
(5) No person shall be entitled to pension under this Act for or in respect of the term and during the period for which he has incurred disqualification under the Representation of People Act, 1951 or any other law for the time being in force.