Section 8A   [ View Judgements ]

SECTION 8A


With effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2003, there shall be paid a pension of three thousand rupees per mensem to every person who has served for any period, as a member of the Provisional Parliament or either House of Parliament;



Provided that where any person has served as a member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of six hundred rupees per mensem for every year in excess of five years.



Explanation.-For the purpose of this sub-section, "Provisional Parliament" shall include the body which functioned as the constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.



(1A) With effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2003, there shall be paid a pension of rupees one thousand and five hundred per mensem, to the spouse, if any, or dependent of any member who dies during his term of office as such member, for a period of five years from the date of his death.



Explanation.-For the removal of doubts, it is hereby declared that the spouse or the dependent of the member referred to in this sub-section shall be entitled to received the family pension even if the member has died on or before the commencement of the Salary, allowances and Pension of Members of Parliament (Amendment) Act, 2003.'. "



(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 the Administrator of any Union territory; or



(ii) becomes a member of the Council of States or the House of the 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 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 continued 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.



[5] (3) Where any person entitled to pension under sub-section (1) is also entitled to any other 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 Salaries and Allowances of Ministers Act, 1952 or as an Officer of Parliament as defined in the Salaries and Allowances of Officers of Parliament Act, 1953, (other than the Chairman of the Council of States), or [6] as a Leader of the Opposition as defined in the Salary and Allowances of Leader of Opposition in Parliament Act, 1977, or has served in all or any two of such capacities by virtue of his membership in the House of the People or in the Council of States shall also be taken into account.



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