Pension

(1) There shall be paid a pension of Rs. 35,000 per mensem to every person who after the 15th day of August 1947, had been a Member of the Legislative Assembly or of the Legislative Council or of both. Explanation.—For the purpose of this sub-section, (a) a Member of the Legislative Assembly shall include a Member of the Legislative Assembly of the former State of Travancore - Cochin, representing any territory which after the 1st day of November 1956 forms part of the State of Tamil Nadu; (b) a Member of the Legislative Assembly or of the Legislative Council shall include a Member of the Legislative Assembly or of the Legislative Council of the State of Andhra Pradesh, representing any territory which after the 1st day of April 1960 forms part of the State of Tamil Nadu; Proviso - Omitted Proviso - Omitted Provided also that no pension under this sub-section shall be paid to any person,— (a) who is in receipt of pension from any other State for having been a Member of the Legislative Assembly or of the Legislative Council of such State; (b) who was a Member of the Legislative Assembly or of the Legislative Council of the former State of Madras representing any territory which ceased to form part of the State of Tamil Nadu. (c) who ceases to be a citizen of India or who has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State. (1-A) Where any person entitled to pension under sub-section (1) is also entitled to pension for having been a Member of Parliament, such person shall be entitled to receive the pension under sub-section (1) in addition to such pension to which he is entitled for having been a Member of Parliament. (2) (i) If any person who has been paid any pension under this Act as in force before the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act,1980 in the Tamil Nadu Government Gazette, becomes entitled to increase in the amount of pension so paid by virtue of the said Amendment Act, the increase shall be given eff ect only on and from the date of such publication and he shall not be entitled to any arrears of such increase. (ii) If any person becomes entitled to pension for the fi rst time by virtue of this section, he shall be paid such pension only with eff ect on and from the date of publication of the Tamil Nadu Payment of Salaries (Amendment) Act, 1980 in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension. (2-A) If any person becomes entitled to pension for the fi rst time or to any increase in pension by virtue of this section, as amended by the Tamil Nadu Payment of Salaries (Amendment) Act, 1982 he shall be paid such pension or such increase in pension, as the case may be, only with eff ect on and from the date of publication of the said Act in the Tamil Nadu Government Gazette and he shall not be entitled to any arrears of such pension. (2-B) (i) where any person entitled to pension under this section dies or disappears leaving his family, the family of such person shall be entitled to receive fifty percent of such pension subject to such conditions as may be prescribed. (ii) If there is any increase in pension by virtue of this section, the family referred to in clause (i) shall also be entitled to receive fifty percent of such increase in pension with eff ect from the date from which such increase in pension under this section is given eff ect to. Explanation:— For the purposes of this sub-section, in the case of person who is entitled to pension under this sub-section ‘family’ means- (i) wife in the case of a male person or husband in the case of a female person; (ii) son who has not attained the age of twenty one years and unmarried daughter who has not attained the age of twenty four years including such son and daughter adopted legally; (iii) father and mother in the case of unmarried person; (2-BB) - Omitted Explanation - Omitted (2-C) - Omitted (2-CC) (i) & (ii) Omitted Explanation - Omitted (3) The State Government may make rules providing for the conditions and restrictions subject to which such pension may be granted: Provided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than Travelling allowance either from any State or the Central Government or from any Company or statutory body owned or controlled by any State or the Central Government and if any such income was or is received the payment of pension shall be suspended for that period: Provided further that— (a )no such pension shall be paid to any person for the period during which such person was or is in receipt of pension for having been a Member of any other State Legislature, or honorarium either from any State or the Central Government or from any company or statutory body owned or controlled by any State or the Central Government and if the amount of such pension, or honorarium is equal to, or in excess of, the pension to which he is entitled under sub-section(1); (b) where the amount of such pension or honorarium is less than the pension to which he is entitled under sub-section (1), such person shall be entitled to receive only the diff erence as pension under that sub-section. Explanation I.—Omitted. Explanation II.—Omitted. Explanation III.—For purpose of this section, salary includes salary received under this Act and salary received as— (i) a Member of the Parliament or any other State Legislature. (ii) a Minister or Deputy Minister of the Government of India or any other State. (iii) The Chairman or Deputy Chairman of the Council of State of the Legislative Council of any other State. (iv) The Speaker or Deputy Speaker of the House of the People or of the Legislative Assembly of any other State.