Definitions

In this Act, the following words shall have the meanings assigned to them as under: 1. “Assembly Secretariat” means the Nagaland Legislative Assembly Secretariat. 2. “Constitution” means the Constitution of India. 3. “Legislative Assembly” means the Nagaland Legislative Assembly. 4. “Chief Minister” means Chief Minister of Nagaland so appointed by the Governor under Article 164 of the Constitution of India. 5. “Speaker” means and includes: a. A member of the Nagaland Legislative Assembly so chosen under Article 178 of the Constitution of India; b. Deputy Speaker of the Nagaland Legislative Assembly performing the duties of the office of the Speaker under Article 180 (1) of the Constitution of India; and c. A member of Nagaland Legislative Assembly appointed by the Governor to perform the duties of the office of the Speaker. 6. “Deputy Chief Minister/ Ministers” means a Deputy Chief Minister/ Ministers in the Government of Nagaland so appointed by the Governor on the advice of the Chief Minister, under Article 164 of the Constitution of India. 7. “Leader of Opposition” means a member of Nagaland Legislative Assembly so appointed by the Speaker of Nagaland Legislative Assembly, by notification, on request being made on that behalf to him by a Leader of a Legislature Party in opposition to the Government in the Nagaland Legislative Assembly which has not less than 10 members in the House; (on the Legislature Party losing the said strength in the House, the Speaker shall forth with relieve him, by notification, from the once of the Leader of Opposition). 8. “Deputy Speaker” is the member of the Nagaland Legislative Assembly so chosen under Article 178 of the Constitution of India. 9. “Other Members” or “Members” are those members of the Nagaland Legislative Assembly who do not hold the office of the Chief Minister, Speaker, Deputy Chief Minister/ Ministers, Leader of Opposition or Deputy Speaker but include the Chairman of the Committees of Nagaland Legislative Assembly. 10. “Life of a Legislative Assembly” for the purpose of this Act and in respect of the member, regardless of the office he holds, means the duration from the date of making oath or subscribing to affirmation under Article 188 of the Constitution of India till date of (i) dissolution of the Legislative Assembly or (ii) the death of the Member or (iii) voluntary resignation covered by the exceptions mentioned in the definition to the word “Ex-Member” below. 11. “Ex-Member” for the purpose of pension, if alive, and family pension, if not alive, means and include a person, regardless of the office he held during the life of the Legislative Assembly: a. Who has made oath or subscribed to affirmation as a member of the Nagaland Legislative Assembly as required under Article 188 of the Constitution of India; b. Who has been a member of Interim Body constituted under the Nagaland (Transitional Provisions) Regulations, 1961. But does not include a member of the Nagaland Legislative Assembly; c. Whose election has finally been set aside by a competent Court; d. Who has been disqualified by the Governor or the Speaker under any provision of the Constitution of India or a law in force, for being a member of the House; e. Whose seat has being declared vacant under article 190(4) of the Constitution of India; and f. Who has being voluntarily resigned from his membership of the House excepting i. member who has resigned his membership of the House to assume the office of (i) Member of Lok Sabha, or (ii) Member of Rajya Sabha, or (iii) Member of any State Legislature or (iv) Minister in the Union or any State Government, or (v) Governor, or (vi) Vice- President of India, or (vii) President of India or any other analogous constitutional or statutory office or post. ii. Member who has voluntarily resigned before announcement of Election Commission of India ; and iii. Member of the Tenth Nagaland Legislative Assembly who had voluntarily resigned and has not been entitled to pension shall be entitled to pension and family pension henceforth. 12. “Facilities” includes all provisions made by the State Government or the Assembly Secretariat under this Act that are not provided in cash, like bungalow, telephone, vehicle etc. 13. “State Government” means unless specified in the Act, a Department of the Government of Nagaland authorized by the Government of Nagaland to carry out the purpose of this Act. 14. “Term” for the purpose of pension and family pension under this Act, has the same meaning assigned to the words “Life of a Legislative Assembly”. 2. It shall be the responsibility of the State Government or the Assembly Secretariat, as the case may be, to provide the Members as referred in sub-section (1) above, with all other facilities to which he is entitled to, within 15 days of the date of appointment to the office.