section 5
Insertion of section
The Himachal Pradesh Legislative Assembly (Allowances of Member) (Sixth Amendment) Act, 1976General197611 sections
Statutory text
"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,-
- (a) a member of AssembIy; or
- (b) a member of the territorial council ; or
- (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.
- (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,
- (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) 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,- .
- (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
- (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.
- (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."
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