State Act

the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971

1[6-B Pension.- (1) There shall be paid a pension of 2{Rs. 3[60,000] per mensem to every person who has served for any period up to five years}as,- (a) a member of Assembly; or (b) a member of the Territorial Council; or (c) partly as a member of the Assembly and partly as a member of the Territorial Council 4[; or] 5[(d) a member of- (i) the Legislative Assembly of the erstwhile State of Patiala and east Punjab States Union; or (ii) the Legislative Assembly of the erstwhile Punjab State; or (iii) the Legislative Council of the erstwhile Punjab State; or (iv) partly as a member of the one and partly as a member of the other; who has been elected or nominated to represent the whole or the part of the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966. 6[XXXXX] (e) partly as a member of the Assembly and partly as a member of the Legislative Assembly of erstwhile State of Patiala and East Punjab States Union or the Legislative Assembly/Council of the erstwhile State of Punjab, as the case may be:] 1[XXXXXXXXXXXXXXXXX] 2[Provided that where any person has served as aforesaid for a period exceeding first term, there shall be paid to him an additional pension of Rs. 3[1000/-] per mensem for every year in excess of the period of first term; provided that 4[for] this purpose, the fraction of a year shall be counted as one one year: 5[XXXXXXXXXXXXXXXXXXXXXXXXXXX] 6[Provided further that while reckoning the period for the determination of the additional pension payable under the preceding proviso in the case of members elected from the constituencies comprised of Snow-bound are (non-Synchronous are) where the elections are or may be conducted on any day subsequent to the day fixed for the general elections, the period intervening the date on which the oath is administered to the members elected to the Assembly in the general elections and the date on which the oath is administered to the members elected from the Snow-bound area (non-Synchronous area) shall also be counted. Explanation.- The expression “snow bound area (non-Synchronous area)” means the area comprising Kinnaur Lahaul and Spiti district and Pangi and Bharmaur tehsils in Chamba district]. 7[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX] (2) Where any person entitled to pension under sub-section (1),- (i) is elected to the office of the President or Vice-President or is appointed to the Office of the Governor of any State or Administrator of any Union territory; or (ii) becomes a Member of 1[XXXXX] any Legislative Assembly of a State or a Union territory or Legislative Council of 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 in a Corporation owned or controlled by the Central Government or any State Government or local authority or becomes otherwise entitled to any remuneration from State Government, Corporations 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 (iii) payable to such person is in either case less than the pension payable to him under sub-section (1) such person shall be entitled only to receive the balance as pension under that sub-section. 2[(3) Where any person entitled to pension under sub-section (1) is also entitled to any pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.] (4) In computing the number of years for the purposes of sub-section (1), the period during which a person has served as a minister, as defined in the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971 or the Speaker or the Deputy Speaker of the Assembly or the Chairman of the Territorial Council shall also be taken into account. 3[(5) Where any person who draws pension or is entitled to draw pension, under 4{sub-section (1) and (1-A)}], dies,- (i) his/her spouse during his/ her life time or till he/she remarries; or (ii) if such person leaves no spouse his minor children till they attain the age of majority and in case of daughters till they get married; shall be entitled to draw pension 1[at the rate of 50% of pension as admissible to such person 2[XXXXXXXXXXXXXXXXXXXXXX] Provided that where more than one person becomes entitled for pension under this sub-section all such persons shall draw the said pension in equal shares.] 3[(5-A) Notwithstanding anything to the contrary contained in this section where a person would have been entitled to draw pension under sub-section (1) or sub-section (1-A) of this section but for his death before the 7th day of February, 1989 he could not draw such pension, his spouse, minor children or un-married daughters shall be entitled to draw pension under sub-section (5), as if such person was alive on the 7th day of February, 1989.] 4[(6) Notwithstanding anything to the contrary contained in this section, where a person would have been entitled to draw pension, under sub-section (1) but for his death before the 31st day of December, 1976 he could not draw such pension- (i) his/ her spouse during his/her life time or till he/ she remarries; or (ii) if such a person leaves no spouse, his/her minor children till they attain the age of majority and in case of daughters till they get married; shall be entitled to draw pension equal to a sum which would have been drawn by such a person as pension under this section as if such person was alive on the 31st day of December, 1976 or the sum of rupees three hundred and Seventy five per mensem, whichever is higher ; Provided that the upper limit of rupees three hundred and seventy five shall not apply for the pension under this sub-section for the period from the 24th day of January, 1986 to the 31st day of March, 1988: Provided further that where more than one person becomes entitled to pension under this sub-section, all such person shall draw the said pension in equal shares.] 5[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX] (7) Every person who draws pension/family pension or is entitled to draw pension family pension shall, in addition to the pension/family pension admissible under this section, be paid dearness relief in pension at the same rates as is admissible to other pensioners of the State Government.]