THE KERALA PAYMENT OF PENSION TO MEMBERS OF LEGISLATURE (AMENDMENT) ACT, 1994 [1]

(ACT 12 OF 1994)

An Act further to amend the Kerala Payment of Pension to Members of Legislature Act, 1976.

            Preamble. ─ WHEREAS it is expedient further to amend the Kerala Payment of Pension to Members of Legislature Act, 1976 for the purposes hereinafter appearing;

            BE it enacted in the Forty-fifth Year of the Republic of India as follows:─

            1. Short title and commencement.─ (1) This Act may be called the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1994.

                 (2) It shall come into force at once.

            2. Amendment of section 2.─ In the Kerala Payment of Pension to Members of Legislature Act, 1976 (46 of 1976) (hereinafter referred to as the principal Act) in section 2,─

                (1) in sub-section (1),─

                   (i) for the opening paragraph the following shall be substituted, namely:─

                  "(1) There shall be paid a pension per mensem at the rate specified in  the Schedule to every person who has served as ─";

                    (ii) for the proviso, the following shall be substituted, namely:─

            "Provided that any person referred to in clause (i), (ii) and (iii) may give in writing to the Speaker, stating that he would not accept any pension or would accept only a part of the pension and thereupon the Speaker shall issue such instructions to the Legislature Secretariat, as desired by such person."

            (2) in sub-section (IC), for the words, figures and brackets "the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1982", the words, figures and brackets "the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 1994" shall be substituted;

            (3) after sub-section (IC), the following sub-section shall be inserted, namely:─

            "(ICC)  The spouses referred to in sub-section (1A), (1B) and (1C) shall notwithstanding anything contained in those sub-sections be eligible for the enhanced rates of pension paid to the persons referred to in sub-section (1), from time to time".

            3. In section 2A of the principal Act,─

            (i) for the words, figures and brackets "of sub-section (1) of section 2" the words, figures and brackets" of sub-section (1) of section 2 and the spouse of such person" shall be substituted;

            (ii) in the Explanation, for the words "family of a person" the words "family of a person other than his or her spouse" shall be substituted.

            4. After section 3 of the principal Act, the following Schedule  shall be added, namely:─

"SCHEDULE"

(See section 2 (1)

Rate of Pension

               Period                                                                      Rate of Pension per mensem

                                                                                                             Rs.

            For any period below two years                                                  500

            For two years in the aggregate                                        750

            For three years in the aggregate                                     1100

            For four years in the aggregate                                      1400

            For five years in the aggregate                                       1400

            Provided that where any person has served as member as stated in sub-section (1) of section 2 for a period exceeding five years there shall be paid to him an additional pension of two hundred and fifty rupees per mensem for every year or part thereof  exceeding six months in excess of five years."