The Goa Members of the Legislative Assembly (Special Rights) Act, 1995

The Goa Members of the Legislative Assembly 
(Special Rights) Act, 1995 
 
(Goa Act No. 18 of 1995) [12-8-1995] 
 
AN 
 
ACT 
 
to confer special rights on Members of the Legislative Assembly of the State of Goa who  are serving in 
the Government aided educational institutions. 
 
Be it enacted by the Legislative Assembly of the State of Goa in the Forty -sixth Year of the Republic of 
India as follows:— 
 
1. Short title and commencement. — (1) This Act may be called the Goa Members of  the Legislative 
Assembly (Special Rights) Act, 1995. 
 
(2) It shall be deemed to have come into force with effect from the 1st day of April, 1995. 
 
2. Definition. — In this Act, the terms and expressions used but not defined in the Act,  shall have the 
same meaning as assigned to them under the respective enactment as in force. 
 
3. Special rights of Members of the Legislative Assembly. — (1) Where an elected  Member of the 
Legislative Assembly of the State of Goa is, on the date of his election, employed in a Government Aided 
Primary, Middle, Secondary or Higher Secondary Educational Institution, then, if,— 
 
(a) elected by the Legislative Assembly as the Speaker or Deputy Speaker thereof; or 
(b) appointed as a Minister under Article 164 of the Constitution of India or  recognised as Leader of 
Opposition; or 
(c) exercises option to be on special leave as specified in this sub-section;  
      
 he shall be entitled to a special leave without pay from the concerned educational  institution till he 
continues to hold such office or the membership as t he case may be,  and shall, on giving a notice of 
holding of such office, be deemed to be on special  leave from the educational institution in which he was 
so employed from the date of such election, appointment or recognition, as the case may be. 
 
(2) If t he provision of sub -section (1) is not applicable to any such Member, he shall be  granted special 
leave without pay by the educational institution to attend to the Business  of the Legislative Assembly for 
such period as may be specified in a certificate to be issued by the Speaker of the Legislative Assembly. 
 
(3) Any leave granted to a Member of the Legislative Assembly by the educational  institution under the 
provisions of this section shall be deemed as period spent on duty for  the purposes of retirement benefits 
as also for determination of his seniority in the educational institution. 
 
1[“3-A. Act to apply to certain cases. — Notwithstanding anything to the contrary  contained in this Act, 
the provisions of this Act shall be applicable to any elected  Member of the Legislative Assembly of the 
State of Goa or of the then Union Territory of Goa, Daman and Diu, as the case may be, who, on the date 
of his election as such  member, was employed in a Government Aided Primary, Middle, Secondary or 
Higher Secondary Educational Institution in Goa, at any time during the period commencing  from the 1st 
day of January, 1981 to the 31st day of March, 1995.”.] 
 
4. Act to override other laws. — The provisions of this Act shall have effect  notwithstanding anything 
contained in the Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985). 
 
 
Secretariat Annexe,          B. S. SUBBANNA, 
Panaji,           Secretary to the Government of Goa, 
17th August, 1995.            Law Department (Legal Affairs). 
 
 
1 Inserted by the Amendment Act 19 of 2004. 

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