The Himachal Pradesh Legislative Assembly (Allowances of Member) (Sixth Amendment) Act, 1976

Short title and commencement.—(1) This Act may be called the Himncha1 Pradesh Legislative Assembly (Allowances of hlembers) (Sixth Amendment) Act, 1976.

1. (2) It shaIl come into forcc at once.

Amendment of long title, preambIe and subsection

1. (1) of section 1,—For the word "ailowances" occurring in the long title, preamble and sub-secticin
2. (1) of section 1 of the Himachal Pradesh Legislative Assembly- (AlIowances of Members) Act, 1971 (8 of 197 I) (hireinafier called the principal Act), the words "allowances and pension" shall be substituted.

Retrospective effect to certain amendments.-The amendments made in section 6-B of the principal Act, vide section 2 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) (Seventh Amendment) Act, 1977, (11 of 1977) and vide section 2 of this Act shall always be deemed to have been made with effect from the 31st December, 1976.

Amendment of section 4-B.-In section 4-B of the Himachal Pradesh Legislative Assembly (Allowances and, Pension of Members) Act, 1971 (8 of 1971) :-

1. (a) for the words "seven hundred and fifty", the words "one thousand three hundred and fifty" shall be substituted;
2. (b) for the sign "." appearing at the end of the existing section 4-B, the sign ":" shall be substituted and thereafter the following proviso along with an Explanation shall be added, namely :- " Provided that member who is entitled to the services of ministerial staff, including a stenographer, from the Central Government or State Government or any Corporation owned or controlled by the Central Government or the State Government or any local authority shall be entitled only to draw the allowance under this section at the rate of seven hundred and fifty rupees per mensem. Explanation.-For the purposes of this section, the expression 'secretarial facility' shall include stenographic assistance."

"6-B. Pension.-(I) There shall be paid a pension of Rs. 300. per meosem to every person who has served for a ~eriod of not less than 6ve years whether continuous or not as,-

1. (a) a member of AssembIy; or
2. (b) a member of the territorial council ; or
3. (c) partly as ,a member of thc Assembly and pnrtly as a member of the territorial council : Provided that where any person hns served as aforesaid for a period ea- ceeding five years, there shall be paid to him an additionar pension of Rs. 50 per rnensem for every year in excess of five, so, however, that.in no case tlic pension payable to,such person shall exceed Rs. 500 per mensem.

1. (2) Where any person entitled to pension under sub-section (I),-
   • (i) is elected to the ofice of the President or Vice-President or is appointed to the ofice of the Governor of any State or Adminis- ' trator 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 n State or a Union territory or Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966 (19 of 1966); or
   • (iii) is employed on a salary under the Central Government or any State Govcmment or in a_ Corporation owned or controIIed by thc Central Government or any State Government or local authority or becomes otherwise entitIed to any remuneration from State Crovernment, Corporations or local authority;, such pcrson shall not be cntitled to any. pension' undsr sub-section,
2. (1) for the . period during which be continues to hold such ofice or as such member or is so employed or continues to bc cntitled to such remuneration : provided that where the salary payable to such p:gon for holding such office or being such mernber.or so employed or wh:x the remaneia:ioa rcfrrred to in cia-usc
   • (iii) payable to such person is in either case less than the pension payable to him under sub-section (I), such person shall bc entitled only to receive the balance as pension under that sub-section.
3. (3) Where any person entitled to pension under- sub-seciion
   • (I) is also entitled to any pension from the Cmtral Government or any Stsle Gov~rnmetlt

or any' Corporation ownxi or controHd by he Central Govermlent or any

Sta tr: (;ovcrnment or any local authority under any law or otherwise, than,- .

1. (a) where the amount of pension to which hc is entitled undar such law or otherwise is equal to or in excess of that. to which hz is cntitled -;mdcr sub-s~tion (11, such pzrson shall not b~ entitled to any pznsion under that sub-section ; and
2. (b) where the amount of pepsion to which be Is entitled under euch law or otherwise is-less than that to which,he is entitled under sub- section (I), such person shall be entitled to pension under that section .only for an amount which falls short of the amount of pension to which he is otherwise entitled under that sub- section.

1. (4) In computing the number of years for tbc purposes of aub-swtion (I), thc ptriod during which a person has served as a Minister, as defined in the Salarien and Allowances of Ministers (Himachal Pradesh) Act, 1971 (3 of 1971) or the Speaker or the Deputy Speaker of the Assembly or the Chairman of the 'Itmitorial Council shaH also be taken into account."

"5. Amendment of section 6-B.-In section 6-B of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 (8 of 19711, for the figure "500", the figurc ''1,000" shnll be substi- tutcd."

"6-B. Pension.—(1) There shall be paid a pension of Rs. 300 per mensem to every person who has served for a period of not less than five years whether continuous or not as,—

1. (a) a member of Assembly; or
2. (b) a member of the territorial council; or
3. (c) partly as a member of the Assembly and partly as a member of the territorial council : 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 Rs. 50 per mensem for every year in excess of five, so, however, that in no case the pension payable to such person shall exceed Rs. 500 per mensem.

1. (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 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 a Union territory or Legislative Council of a State or the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966 (19 of 1966); or
   • (iii) is employed on a salary under the Central Government or any State Government or in a Corporation owned or controlled by the Central Government or any State Government or local authority or becomes otherwise entitled to any remuneration from State Government, Corporations or local authority; , such person shall not be entitled to any pension under sub-section
2. (1) for the period during which he continues to hold such office or 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 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.
3. (3) Where any person entitled to pension under sub-section
4. (1) 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 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 person 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 person shall be entitled to pension under that section only for an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section.
5. (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 the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 1971 (3 of 1971) or the Speaker or the Deputy Speaker of the Assembly or the Chairman of the Territorial Council shall also be taken into account."

Amendment of section 7.—In sub-section

1. (2) of section 7 of the principal Act, the word "and" occurring at the end of clause
   • (f) shall be omitted and thereafter the following clause
   • (g) shall be inserted, namely :— "(g) the form in which certificate, if any, shall be furnished by any person for the purpose of claiming any pension under section 6-B; and".

Amendment of section 6-A.-In section 6-A of the principal Act, for the opening words "The compensatory," the words "The salary and compensatory" shall be substituted.

Amendment of section 6-B.-In sub-saction (I), for thc figure "500", the figurc ''1,000" shnll be substi-tutcd.

-1 11. Insertion of section 6-CC.- After section 6-C of the principal Act, the following new section 6-CC shall be inserted, namely:- "6-CC. Telephone facilities to ex-members.- Every ex-member, who is entitled to pension under the provisions of section 6-B, shall also on the production of actual payee's receipt, be entitled to the reimbursement of amount of rent paid by him for the telephone installed at his permanent place of residence".