THE LEGISLATIVE ASSEMBLY OF MEGHALAYA

(MEMBERS' PENSION ) BILL, 1977

A

Bill

to provide for the payment of pension to persons who have served as members of the Legislative Assembly.

        Be it enacted by the Legislature of Meghalaya in the Twenty - eight Year of the Republic of India as follows :-

 

Short title and commencement. 1. (1) This Act may be called the Legislative Assembly of Meghalaya (Members Pension) Act, 1977.

     (2) It shall come into force at once.

 

Definitions 2. In this Act, unless the context otherwise required.

(a) "member of the Legislative Assembly" means a member of the Legislative Assembly of Meghalaya, and includes -

 

Central Act 55 of 1969 (i) a member of the Legislative Assembly or Provisional Legislative Assembly of the autonomous State of Meghalaya formed under Section 3 of the Assam Re-organisation (Meghalaya) Act, 1969.

(ii) a member of the Legislative Assembly of the State of Assam as existing immediately before the 21st day of January, 1972 elected to the said Assembly from any area in Meghalaya.

(b) "term of office" in relation of a member of the Legislative Assembly, means the period beginning with the date of publication of the notification of his election or nomination as member and ending with the date on which his seat becomes vacant.

 

Pension payable to members 3. (1) With effect from the commencement of this Act, there shall be paid a pension of seven hundred and fifty rupees per mensem to every person who has served for a period of not less than five years, whether continuous or not, as a member of the Legislative Assembly :

        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 is no case, the pension payable to such person shall exceed four hundred rupees per mensem.

     (2) In computing the member of years for the purposes of sub-section (1), the period during which a person has served as Chief Minister, Minister, or Ministers of State, or as the Speaker or the Deputy Speaker of the Legislative Assembly, shall also be taken into account.

 

Pension to be held in abeyance or to be reduced in certain circumstances 4. (1) Where any person entitled to pension under Section 3 -

(a) 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 Administration of any Union territory, etc.

(b) becomes a Member of the Council of States or the House of the People or any Legislative Assembly of a State or a Union or Legislative Council of a State or District Council, or

(c) 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 District Council or any local authority or becomes otherwise entitled to any remuneration from such Government, Corporation, District Council or local authority.

        Such person shall not be entitled to any pensions under section 3 for the period during which he continues to hold such office, or continues 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 holdings such office or being such member or being so employed, or where the remuneration referred to in clause (c) payable to such person, is, in either case, less than the pension payable to him under Section 3, such person shall be entitled only to receive the balance as pension under that section.

(2) Where any person entitled to pension under section 3 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 District Council 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 Section 3, such person shall not be entitled to any pension under that 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 section 3, such person shall be entitled to pension under that section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that section.

 

Power to make rules. 5. (1) The State Government may, by notification, makes rules for carrying out the purposes of this Act.

    (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for :-

(a) the form in which the authority to which an application for pension shall be made;

(b) the certificates to be furnished along with an application for pension;

(c) the declarations to be made at the time of drawing pension;

(d) any other matters necessary for proper implementation and enforcement of this Act.

 

Decision on questions relating to pension. 6. If there is any doubt or dispute as to whether a person is entitled to pension or as to the amount of pension or as to the period for which he shall be entitled to pension under this Act, the matter shall be referred to the State Government and its decision shall be final.

STATEMENT OF OBJECTS AND REASON

        The office of a member of the Legislative Assembly is very important in democratic set up. It is considered necessary that when a member ceases to be the member of the Legislative Assembly he should be provided with certain money to have a reasonable standard of living so as to enable him to devote himself to the activities beneficial to the State. This Bill seeks to provide for payment of pension to persons who have served as members of the Meghalaya Legislative Assembly for five years or more. The minimum pension will be Rs.300 per month for five years' service, which will be increased by Rs.50 per month for every additional year of service as such members, subject to a maximum or Rs.400 per month.

        In addition to the members of the Meghalaya Legislative Assembly the person who were members of the Legislative Assembly or Provisional Legislative Assembly of the autonomous State of Meghalaya and person who were members of the Legislative Assembly of the State of Meghalaya as existing immediately before the 21st January, 1972 elected from any area in Meghalaya will be entitled to this pension.

MAHAM SING
Minister in-charge

 

D.S. KHONGDUP,

Secretary

Meghalaya Legislative Assembly.

FINANCIAL  MEMORANDUM

        Under Clause 3 of the Bill a pension ranging from Rs.300 to Rs.400 per month is proposed to be paid to such persons as have served as members of the Legislative Assembly for five years or more. It is estimated that an amount of Rs.1,39,200 will be required per year at this stage. It is likely to be increased  as and when new members become eligible for pension after expiry of their term.

        There will be no non recurring expenditure.

MEMORANDUM  OF  DELEGATED  LEGISLATION

        Clause 5 of the Bill empowers the State Government to make rules for carrying out the purposes of the Act. The matters mentioned in sub-clause (2) of clause 5 being mattes of details are appropriate maters to be dealt with by rules. The proposal for delegation of legislative powers is essential and is of a normal character.