section 5
Ineligibility of Pension
The Nagaland Salaries, Allowances and Other Facilities of the Chief Minister, Other Ministers, Speaker, Leader of Opposition, Deputy Speaker, Parliamentary Secretaries and Other Members of the Nagaland Legislative Assembly and Pensions for Ex-Members Act, 20241. Where any person entitles to pension under this Act: a. is elected to the office of President or Vice President 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 the States or the House of the People or any Legislative Assembly of a State or Union territory or any Legislative Council of a State or the Metropolitan Council of Delhi constituted under the Delhi Administration Act, 1966; or c. becoming a Minister in the Union or any State Government; or d. 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 becomes otherwise entitled to any remuneration from such Government Corporation or local authority. Such a person shall not be entitled to any pension under this Act for the period during which he continues to hold such office or be such a member or is so employed or continues to be entitled to such remuneration: Provided that, where the salary payable to such a person for holding such office or being such member or so employed or where the remuneration referred in sub clause (3) payable to such person is, in either case, less than the pension payable to him under this Act, such person shall be entitled to receive only the difference between such salary or remuneration and the pension as Ex-Member under this Act. 2. Where any persons entitled to pension under this Act, is also entitled to any other pension from the Central Government or State Government or any Corporation owned by such Government or local authority or under any law or otherwise, then; a. if any other pension is equal or excess of the pension to which the Ex-Member is entitled to under this Act, the Ex-Member shall not be paid any pension under this Act; and b. if any other pension is less than the pension to which the Ex-Member is entitled to under this Act, the Ex-Member shall be paid only the amount constituting the difference between any other pension and the pension to which the Ex-Member is entitled under this Act. 3. The provisions in sub-sections (1) and (2) shall mutatis mutandis apply to the claimants of family pension under this Act.
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