Vidhi Codex

section 9

Pension

Delhi The Members Of Legislative Assembly Of The National Capital Territory Of Delhi Salaries Allowances Pension Etc Act 1994
Finance199410 sections
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Statutory text
  1. (1) There shall be paid a pension of rupees three hundred per mensem to a Member on completion of four years continuously or in parts, but of the term of five years: Provided that where any person has served as a Member aforesaid for a period exceeding five years, there shall be paid to him an additional pension of seventy five rupees per mensem for every completed year in excess of rupees three hundred subject to a maximum of seven hundred and fifty rupees per mensem.
  2. (2) Where any ex-Member entitled to pension under sub-section (1)—
    • (i) is appointed 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 Lt. Governor or Administrator of any Union Territory;
    • (ii) becomes a Member of the Council of States or the House of the People or of any Legislative Assembly of a State; or Union Territory or any Legislative Council of a State; or
    • (iii) is employed on a salary under the Central Government, or any Corporation owned by 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 authorities, as the case may be shall not be entitled to any pension under sub-clause
  3. (1) for the period during which he continues to hold such office or as such Member or is employed, or continues to be entitled to such remuneration : Provided that where the salary payable to such ex-Member for holding such office or being such Member or so employed, or where the remuneration referred to in clause
    • (iii) payable to such ex-Member is, in either cases, less than a pension payable to him under sub-section
  4. (1) such ex-Member shall be entitled only to receive the balance as pension under that sub-section.
  5. (4) Where any ex-Member entitled to pension under sub-section
  6. (1) is also entitled to any pension from the Central Government or any State Government or any Corporation owned or controlled by the Central Gvoernment or any State Government, 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 sub-section (1), such ex-Member shall not be entitled to any pension under that sub-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 sub-section (1), such ex-Member shall be entitled to pension under that sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-seciton : Provided that any pension (whether known as Swatantrata Sainik Samman Pension or by any other name) received by such ex-Member as a freedom fighter shall not be taken into account for the purposes of this sub-section and he shall be entitled to receive such pension in addition to the pension to which he is entitled under sub-section (1).
  7. (4) In computing the number of years, for the purpose of sub-section (1), the period during which a person has served as a Minister as defined in the Ministers of the Government of National Capital Territory of Delhi (Salaries and Allownces) Act, 1994 or as Speaker or Deputy Speaker as defined in the Speaker and Deputy Speaker of the Legislative Assembly of the National Capital Territory of Delhi (Salaries and Allowances) Act, 1994 or both by virtue of his membership in the Legislative Assmbly shall also be taken into account.

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