Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984

(1) This Act may be called the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,— (a) "Assembly" means the Sikkim Legislative Assembly duly constituted under the Constitution (Thirty-sixth Amendment) Act, 1975 and thereafter; (b) "Member" means a member of the Assembly and includes a person who has been a member and ending with the date on which his seat becomes vacant. Explanation.— Where any Member of the Assembly resigns his seat or otherwise ceases to be a Member, for the purpose of calculating his term of office, the period during which he would be continued as Member, shall be taken into consideration and he shall be deemed to have served as a Member for that period also: Provided that the period so taken into consideration shall not exceed three months in a period of five years. Explanation II.— Where any Assembly is dissolved, and not earlier than six months prior to the date on which its duration would have expired under the Constitution, the period during which the person continued as a Member of the Assembly, until the constitution of the new Assembly, shall be taken into consideration and he shall be deemed to have served as a Member for that period also. In the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984, in clause (d) of sub-section (d) of section 2, for the word "six" the word "twelve" shall be substituted. In the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984 (hereinafter referred to as "the Principal Act"), throughout the Principal Act, unless otherwise expressly provided for the words "The Sikkim Legislative Assembly Members (Payment of Pension) Act" wherever they occur, the words "The Sikkim Legislative Assembly Members (Payment of Pension and Medical Allowances) Act" shall be substituted.

(1) On and from the commencement of this Act, there shall be paid a life time pension of three hundred rupees per mensem to every person who has served as a Member of the Assembly for a period of five years whether before or after the commencement of this Act and whether continuously or in broken periods: 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 fifty rupees per mensem for every year in excess of five, so, however, that in no case the pension payable to such person shall exceed five hundred rupees per mensem: Provided further that any person who has served as aforesaid for a period which is less than five years shall also be paid a pension of one hundred rupees per month. (2) In computing the number of years for the purposes of sub-section (1), the period during which a person has served as Speaker or Deputy Speaker of the Assembly or as Chief Minister, Minister, Minister of State or Deputy Minister or in more than one of these capacities by virtue of his membership of the Assembly, shall also be taken into account. (1) In the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984, in the second proviso of sub-section (1), for the word "Sixty" the words "seventy five" shall be substituted. (2) In the said Act, in section 3, sub-section (1), (a) for the words "one thousand rupees" wherever they occur, the words "two thousand rupees" shall be substituted; (b) for the words "two thousand rupees" the words "three thousand rupees" shall be substituted. (3) In the said Act, in section 3, after sub-section (2) the following sub-section shall be inserted namely:- "(3) In the event of death of Ex Legislator, his/her spouse shall be entitled to draw family pension at the rate of 75% of the pension amount to which the deceased would have been entitled had he been alive". (4) In section 3 of the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984, in sub-section (1); (a) for the words "two thousand rupees" wherever they occur, the words "four thousand rupees" shall be substituted; (b) for the words "one hundred rupees" the words "two hundred rupees" shall be substituted; (c) for the words "three thousand rupees" the words "six thousand rupees" shall be substituted. (5) In the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984, in sub-section (1) of section 3, (a) for the words "four thousand rupees" the words "six thousand rupees" shall be substituted; (b) after the words "five years" and before the word "whether" the following words shall be inserted, namely:- "and a life long pension of eight thousand rupees per month to every person who have served as a Member of the Assembly for any period exceeding five years"; (c) for the existing first proviso, the following shall be substituted, namely:-"Provided that a Member shall be eligible to receive the minimum quantum of pension on completion of the stipulated period to receive the same. However, any Member who has served or has completed the minimum stipulated period to be eligible for receiving the minimum pension shall be eligible to receive the maximum amount of Pension"; (d) in the second proviso, for the words "three thousand rupees", the words "six thousand rupees" shall be substituted. (6) In the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984, in sub-section (1) of section 3, (a) for the words "six thousand rupees" the words "ten thousand rupees" and for the words "eight thousand rupees" the words "thirteen thousand rupees" shall respectively be substituted; (b) in the second proviso, for the words "six thousand rupees" the words "ten thousand rupees" shall be substituted. In the Principal Act, in section 3, in sub-section (1),— (i) for the words "ten thousand", the words "fifteen thousand" shall be substituted; (ii) for the words "fifteen thousand", the words "twenty two thousand five hundred" shall be substituted.

3A Medical Allowances payable to Members: - The Medical Allowances at the rate of Rs. 2,000/- (Rupees two thousand) only, per month shall be paid to the Members.

(a) such person shall not be entitled to any pension under section 3 for the period during which he continues as a Member or is employed or is entitled to receive such salary; Provided that where the salary payable to such person for holding such office as is referred to in clause (c) [sic] is in either case less than the pension payable to him under section 3, such person shall be entitled to receive the deficit of pension under this Act, as pension. (b) Where any person entitled to pension under section 3 also receives any pension from the Central Government or any State Government or from any body corporate managed by the Central Government or a State Government or by any local authority, under any law or otherwise— (i) where the amount of pension which he receives under such law or otherwise is less than five hundred rupees per mensem, such person shall not be entitled to any pension under section 3; (ii) where the amount of pension which he receives under such law or otherwise is less than five hundred rupees per mensem, such person shall be entitled to such portion of the pension under section 3, so that the total amount of the pension does not exceed five hundred rupees per mensem. (c) Notwithstanding anything contained in sub-section (a), where a person entitled to pension under section 3 also receives any pension from the Central Government or any State Government as a freedom fighter, such person shall not be liable to any deduction from the amount of pension to which he is entitled under that section. In the said Act, in section 4, in clauses (a) and (b) of sub-section (2), for the words "five hundred", wherever they occur, the words "three thousand" shall be substituted.

If any person to whom pension is payable under this Act has not paid any amount payable by him to the State Government or the Assembly, the amount so payable may be recovered from the amount payable as pension.

(1) The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. (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:- (i) the form in which and the authority to which an application for pension; (ii) the certificates to be furnished along with an application for pension; (iii) the declarations to be made at the time of drawing pension; (iv) any other matter necessary for proper implementation and decorum of the Act. (3) Every rule under this section shall be laid before the Legislative Assembly as soon as may be after it is made.

If there is any doubt or dispute as to whether a person is entitled to pension under section 3 or as to the period for which he is entitled to pension or as to the amount of pension, the question shall be referred to the Speaker of the Legislative Assembly who in consultation with the State Government shall decide the question and the decision of the Speaker shall be final.