The Jammu and Kashmir State Legislature Members’ Pension Act, 1984

1. (1) This Act may be called the Jammu and Kashmir State Legislature Members’ Pension Act, 1984. 1[(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint].

2[2. Definitions.–– In this Act, unless the context otherwise requires, ‘Constituent Assembly’ means the Constituent Assembly set up under the Proclamation dated 20th April, 1951.]

1[3. Pension. –– 2[(1) 3With effect from 1st September, 2009, there shall be paid a pension of 4[fifty thousand rupees] per month to every person who has served for any period as a member of—

1. (a) the Constituent Assembly of the State ;
2. (b) the Legislative Council of the State ; or
3. (c) the Legislative Assembly of the State. 5[(1-A) Notwithstanding anything contained in sub-section (1), there shall be paid an additional pension of 8rupees two thousand per mensem to a person entitled to pension under sub-section (1) for every completed year in excess of the term as a Member of the Assembly or six years as a Member of the Council, as the case may be] : 6[Provided that the total pension shall not exceed rupees seventy-five thousand per month.] 7[(1-B) The arrears of the pension for the period from 01-09-2009 till the date of commencement of the Jammu and Kashmir State Legislature Members’ Pension (Amendment) Act, 2011 shall be paid in three equal installments commencing from the year 2014-15]. 8[x x x].

4[3-A. Family Pension. ––(1) Where any person entitled to the pension under sub-section (1) of section 3 dies or has died prior to the commencement of the Jammu and Kashmir State Legislature Members’ Pension (Amendment) Act, 1997, his family shall be entitled to family pension equivalent to 75 of the pension admissible to such person under the said sub-section if he had not died : 5[Provided that the family of a member who dies before completion of two years term shall be entitled to family pension as admissible to the family of a member who has completed term as member of the Legislative Assembly or the Legislative Council].

1. (2) Where a member dies, this family shall if such member would have been entitled to pension under sub-section (1) of section 3, if he had ceased to be a member on the date of his death, be entitled to family pension equivalent to 75 of the pension as such member would have been entitled to if he had ceased to be a member on that date. Explanation.–– For the purposes of this section, “family” means spouse, minor son and unmarried daughter.]

1[3-B. Medical allowance.–– A person entitled to pension under subsection (1) of section 3, shall be paid medical allowance 2[at the rate of ten thousand rupees per month].

13-C. Omitted.

1. (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 Administrator of any Union Territory ; or
   • (b) 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 ;
   • (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 local authority or otherwise receives any remuneration from such Government, Corporation or local authority ; such person shall not be entitled to any pension 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 receive 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 (c) paid 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[(2) Where any person entitled to pension under sub-section (1) of section 3 is entitled to any other pension, such person shall be entitled to receive the pension under the said sub-section (1) in addition to such other pension].

1. (1) The Government may make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
   • (a) the form in which and 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 declaration to be made at the time of drawing pension ;
   • (d) any other matter necessary for proper implementation and enforcement of this Act.

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 Government and its decision shall be final.