THE KARNATAKA LEGISLATURE SALARIES, PENSIONS AND ALLOWANCES (AMENDMENT) ACT, 2014
(Received the assent of the Governor on the Twentieth day of February, 2014)
KARNATAKA ACT NO. 8 OF 2014
(First published in the Karnataka Gazette Extra-ordinary on the Twenty-second day of February, 2014)
An Act further to amend the Karnataka Legislature Salaries, Pensions and Allowances Act, 1956.
Whereas it is expedient further to amend the Karnataka Legislature Salaries, Pensions and Allowances Act, 1956 (Karnataka Act 2 of 1957) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-fifth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Legislature Salaries, Pensions and Allowances (Amendment) Act, 2014.
(2) It shall come into force at once.
2. Amendment of section 11A.- In section 11A of the Karnataka Legislature Salaries, Pensions and Allowances Act, 1956 (Karnataka Act 2 of 1957) (hereinafter referred to as the Principal Act),-
(i) in sub-section (1), for the fifth proviso, the following shall be deemed to have been substituted with effect from 1st August, 1990, namely:-
“Provided also that where the election of a person is set aside by the Court in an election petition due to technical reasons not attributed to such person and for this reason was not able to serve as a member during the period of five years, shall be deemed irrespective of the period of actual service, to have served as a member for five years.
Explanation.- For the purpose of this proviso technical reason means inclusion of certain voters in the voter list after the issue of notification of election by the Election Commission of India.”
(ii) for Explanation, the following shall be deemed to have been substituted with effect from 24th day of August 2005, namely:-
"Explanation.- For the purpose of this sub-section, a member of the Legislative Assembly or the Legislative Council includes,-
(1) 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.
(2) a person who was a member of the following (before the first day of January, 1952) namely:-
(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. 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."
3. Amendment of section 11B.- In section 11B of the Principal Act, for sub-section (1A), the following shall be substituted, namely:-
"(1A) Notwithstanding anything contained in sub-section (1), the family of the deceased person, who was a member of the Legislative Council or the Legislative Assembly whether he was in receipt of pension or not shall be entitled for family pension at the rate specified under sub-section (1)."
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