The JAMMU AND KASHMIR STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984.

[STATE] LEGISLATURE MEMBERS’
PENSION ACT, 1984
(Act No. II of 1984)
202 STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984
STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984203
THE JAMMU AND KASHMIR STATE LEGISLATURE
MEMBERS’ PENSION ACT, 1984.
(Act No. II of 1984).
CONTENTS
SECTION.
1. Short title and commencement.
2. Definitions.
3. Pension.
3-A. Family Pension.
3-B. Medical allowance.
3-C. Facilities to Ex-Chief Ministers.
4. Pension to be held in abeyance or to be reduced in certain
circumstances.
5. Power to make rules.
6. Decision on questions relating to pension.
–––––––
204 STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984SECTION. SECTION.
STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984205
THE JAMMU AND KASHMIR STATE LEGISLATURE
MEMBERS’ PENSION ACT, 1984
(Act No. II of 1984)
[Received the assent of the Governor on 23rd March, 1984 and
published in the Government Gazette dated 24th March. 1984]
An Act to provide for payment of Pension to Members of the Jammu
and Kashmir State Legislature and for matters connected therewith or
incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the
Thirty-fifth Year of the Republic of India as follows :—
1. Short title and commencement.—(1) This Act may be called the
Jammu and Kashmir State Legislature Members’ Pension Act, 1984.
1[(2) It shall come into force on such date as the Government may,
by notification in the Government Gazette, appoint].
2[2. Definitions.–– In this Act, unless the context otherwise requires,
‘Constituent Assembly’ means the Constituent Assembly set up under the
Proclamation dated 20th April, 1951.]
3[3. Pension. ––4[(1) 5{With effect from 1st September, 2009, there
shall be paid a pension} of 6[fifty  thousand rupees] per month to every
person who has served for any period as a member of—
(a) the Constituent Assembly of the State ;
(b) the Legislative Council of the State ; or
(c) the Legislative Assembly of the State.]
7[(1-A) Notwithstanding anything contained in sub-section (1), there
shall be paid an additional pension of  8[rupees two thousand] per mensem
1. Enforced vide SRO 207 dated 5th June, 1985 w.e.f. 23rd March, 1984.
2. Substituted vide Act VIII of 1985.
3. Substituted by Act VIII of 1989.
4. Sub-section (1) substituted by Act XI of 2011, s. 2. (For earlier amendment see Act XIII
of 1997.
5 . S u b s titu te d  fo r th e  w o rd s  “T h e re  s h a ll b e  p a id  a  p e n s io n ” b y  A c t X IV  o f 2 0 1 4 , s . 2 .6 . S u b s titu te d  fo r “tw e n ty-e ig h t th o u s a n d  ru p e e s ” b y Ac t VI o f 2 0 1 6 , s . 2 . (F o r e a rlie ra m e n d m e n ts  s e e  A c ts  XV o f 2 0 1 4 , XI o f 2 0 1 1 , X o f 2 0 0 1  a n d  XIII o f 1 9 9 7 .7 . S u b -s e c tio n  (1 -A ) in s e rte d  b y  A c t X  o f 2 0 0 7 , s . 2 , w . e . f. 1 -4 -2 0 0 7 .8 . S u b s titu te d  fo r “ru p e e s  o n e  th o u s a n d ” b y  A c t XIV  o f 2 0 1 8 , s . 2 . (F o r e a rlie r a m e n d m e n t s e e   A c tXI o f 2 0 1 1 ).
206 STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984
to a person entitled to pension under sub-section (1) for every completed
year in excess of the term as a Member of the Assembly or six years as
a Member of the Council, as the case may be] :
1[Provided that the total pension shall not exceed rupees seventy-
five thousand per month.]
2[(1-B) The arrears of the pension for the period from 01-09-2009
till the date of commencement of the Jammu and Kashmir State
Legislature Members’ Pension (Amendment) Act, 2011 shall be paid in
three equal installments commencing from the year 2014-15].
3[x x x].
4[3-A. Family Pension. ––(1) Where any person entitled to the
pension under sub-section (1) of section 3 dies or has died prior to the
commencement of the Jammu and Kashmir State Legislature Members’
Pension (Amendment) Act, 1997, his family shall be entitled to family
pension equivalent to 75% of the pension admissible to such person under
the said sub-section if he had not died :
5[Provided that the family of a member who dies before completion
of two years term shall be entitled to family pension as admissible to the
family of a member who has completed term as member of the Legislative
Assembly or the Legislative Council].
(2) Where a member dies, this family shall if such member would
have been entitled to pension under sub-section (1) of section 3, if he had
ceased to be a member on the date of his death, be entitled to family
pension equivalent to 75% of the pension as such member would have
been entitled to if he had ceased to be a member on that date.
Explanation.–– For the purposes of this section, “family” means
spouse, minor son and unmarried daughter.]
6[3-B. Medical allowance.–– A person entitled to pension under sub-
section (1) of section 3, shall be paid medical allowance 7[at the rate of
ten thousand rupees per month].
1. Proviso inserted by S.O. 1229(E) dated 31.03.2020.
2. Sub-section (1-B) inserted by Act XIV of 2014, s. 2.
3. Sub-section (2) of section 3 omitted by Act XI of 2011, s. 2.
4. Section 3-A inserted by Act XIII of 1997, s. 3.
5. Proviso to sub-section (1) inserted by Act XI of 2003, s. 2.
6. Sub-sections 3-B and 3-C inserted by Act X of 2001, s. 3.
7. Substituted for “at the rate of five thousand per month” by Act XIV of 2018, s. 3. (For earlier
amendments see Acts XV of 2014, XI of 2011, X of 2007 and XI of 2003).
STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984207
13-C. Omitted.
4. Pension to be held in abeyance or to be reduced in certain
circumstances. ––(1) Where any person entitled to pension under section
3,—
(a) is elected to the office of the President or Vice-President of
India 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 States or the House of the
People or any Legislative Assembly of a State or Union
Territory or any Legislative Council of a State ;
(c) 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 otherwise receives any remuneration from such
Government, Corporation or local authority ;
such person shall not be entitled to any pension under section 3 for the
period during which he continues to hold such office, or continues as such
member or is so employed, or continues to receive such remuneration :
Provided that, where the salary payable to such person for holding
such office or being such member or so employed, or, where the
remuneration referred to in clause (c) paid to such person, is, in either
case, less than the pension payable to him under section 3, such person
shall be entitled only to receive the balance as pension under that section.
2[(2) Where any person entitled to pension under sub-section (1) of
section 3 is entitled to any other pension, such person shall be entitled to
receive the pension under the said sub-section (1) in addition to such
other pension].
5. Power to make rules. ––(1) The Government may make rules for
carrying out the purposes of this Act.
1. Section 3-C omitted by S.O. 1229(E) dated 31.03.2020.
2. Sub-section (2) of section 4 substituted by Act XI of 2003, s. 3.
208 STATE LEGISLATURE MEMBERS’ PENSION ACT, 1984
(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 :—
(a) the form in which and the authority to which an application for
pension shall be made ;
(b) the certificates to be furnished along with an application for
pension ;
(c) the declaration to be made at the time of drawing pension ;
(d) any other matter necessary for proper implementation and
enforcement of this Act.
6. Decisions on questions relating to pension.—If there is any
doubt or dispute as to whether a person is entitled to pension or as to the
amount of pension or as to the period for which he shall be entitled to
pension under this Act, the matter shall be referred to the Government and
its decision shall be final.
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