The Kerala Payment of Pension to Members of Legislature Act, 1976

THE KERALA PAYMENT OF PENSION TO MEMBERS                     
OF LEGISLATURE ACT, 1976* 
(Act No. 46 of 1976)  
An Act to provide for the payment of pension to persons who 
 have been Members of the Legislature 
Preamble. -WHEREAS it is expedient to provide for the payment of 
pension to persons who have been Members of the Legislature; 
BE it enacted in the Twenty-seventh Year of the Rep ublic of India as 
follows:- 
1. Short title and commencement .-(1) This Act may be called the Kerala 
Payment of pension to members of Legislature Act, 1976. 
(2) It shall come into force at once. 
2. Pension of Members of Legislature .- 1[(1) There shall be paid a 
pension per mensem at the rate specified in the Sch edule to every person who 
has served as-] 
(i) a member of the Kerala Legislative Assembly; or 
(ii) a member of the Legislative Assembly of the fo rmer State of 
Travancore or Travancore-Cochin or Madras, represen ting any territory which 
after the 1st day of November, 1956, forms part of the State of Kerala or a 
member of the Legislative Council or the Legislativ e Assembly of the former 
State of Cochin; or 
(iii) a member of the Legislative Council of the fo rmer State of 
Madras and who during the period of such membership  was a permanent 
resident in the Malabar district referred to in sub -section (2) of section 5 of the 
State Reorganisation Act, 1956 (Central Act 37 of 1956); or 
(iv) partly as a member referred to in any of the p receding clauses 
and partly as a member referred to in any one or mo re of the other preceding 
clauses: 
2[xxxx].  
Explanation .-For the purposes of this section, a person shall be 
deemed to have served as a member of a Legislative Assembly during the 
period when that Legislative Assembly remains suspe nded under Article 356 
of the Constitution of India. 
                                                
 
* Received the assent of the Governor on the 28th d ay of November, 
1976 and published in the Kerala Gazette Extraordin ary No. 685 dated 1 st  
December, 1976. 
 
1 Substituted by Act 12  of 1994. 
2 Proviso omitted by Act 8 of 1997. 
1[(1A) Where a member dies, his or her spouse shall,  if such member 
would have been entitled to pension under sub-secti on (1) if he or she had 
ceased to be a member on the date of his or her dea th, be entitled to the same 
amount of pension as such member would have been en titled to if he or she 
had ceased to be a member on that date. 
(1B) Where a person entitled to pension under sub-s ection (1) dies his 
or her spouse shall be entitled to the same amount of pension as would have 
been payable to such person if he or she had not died. 
(1C) Where a person who would have been entitled to  pension under 
subsection (1) if he or she were alive at the comme ncement of 2[the Kerala 
Payment of Pension to Members of Legislature (Amend ment) Act, 1994] 
(hereinafter referred to as the Amendment Act) has died before such 
commencement, the spouse of such person shall, with  effect from the 
commencement of the Amendment Act, be entitled to t he same pension as 
such person would have been entitled to under this Act, as amended by the 
Amendment Act, if this Act as so amended were in fo rce on the date of his or 
her death.] 
3[(1CC) The spouses referred to in sub-section (1A),  (1B) and (1C) shall 
notwithstanding anything contained in those sub-sec tions be eligible for the 
enhanced rates of pension paid to the persons refer red to in sub-section (1), 
from time to time.] 
4[(1CCC) The spouses referred to in sub-sections (1A ), (1B) and (1C) 
shall not be eligible for pension from the date on which he or she remarries.] 
5[(1D) Notwithstanding anything contained in this Ac t, a person entitled 
to pension under sub-section (1) shall also be enti tled to receive the full 
amount of pension payable to him or her as spouse u nder sub-section (1A) or 
sub-section (1B) or sub-section (1C).] 
6[(1E) Where the spouse referred to in sub-sections (1A), (1B) and (1C) 
dies, 7[the minor son or the unmarried daughter or the men tally retarded son or 
daughter or all of them together], as the case may be, of the member shall be 
entitled to a family pension from the date of death  of the spouse at the same 
rate as would have been payable to the spouse, if h e or she had not died, 
subject to the following conditions, namely- 
(i) In the case of minor son, untill he attains the age of twenty-five 
years 8[or he starts earning his livelihood, whichever is earlier]; 
                                                 
1 Inserted by Act 3 of 1982. 
2 Substituted by Act 12 of 1994. 
3 Inserted by Act 12 of 1994.  
4 Inserted by Act 44 of 2005. 
5 Inserted by Act 34 of 1989. 
6 Inserted by Act 44 of 2005. 
7 Substituted by Act 26 of 2008. 
8 Inserted by Act 26 of 2008. 
(ii) In the case of unmarried daughter, until she attains the age of 
twenty-five years, or she gets married 1[or she starts earning her 
livelihood] whichever is earlier; 
2[(ii a) in the case of mentally retarded son or daughter, without 
considering age]; 
(iii) If there are two persons entitled to family pension, then the 
amount of family pension shall be paid to them equally and if there 
are more than two eligible persons, the amount of family pension 
shall be paid to them proportionately.] 
(2) Where any person entitled to pension under sub-section (1),- 
(i) is elected to the office of the President or Vi ce-President of India 
or is appointed to the Office of the Governor of an y State or the Administrator 
of any Union Territory; or 
(ii) becomes a member of the Council of States or t he House of the 
People or the Legislative Assembly of any State or Union Territory or the 
Legislative Council of a State or the Metropolitan Council of Delhi constituted 
under section 3 of the Delhi Administration Act, 1966; or 
(iii) is employed on a salary under the Government of India or any 
State Government or any corporation owned or contro lled by the Government 
of India or any State Government, or any local auth ority or becomes otherwise 
entitled to any remuneration from such Government, corporation or local 
authority,  
such person shall not be entitled to any pension un der sub-section (1) for the 
period during which he continues to hold such offic e or as such member, or is 
so employed, or continues to be entitled to such remuneration: 
Provided that where the salary payable to such pers on for holding such 
office or being such member 
3[other than a member of the Kerala Legislative 
Assembly] or so employed, or where the remuneration  referred to in clause 
(iii) payable to such person, is, in either case, l ess than the pension payable to 
him under sub-section (1), such person shall be ent itled to receive only the 
difference as pension under that sub-section. 
4[xxxx] 
5[(3) Where any person entitled to pension under sub -section (1) is also 
entitled to any other pension from the Government of India or any Corporation 
owned or controlled by the Government of India or a ny authority, under any 
law or otherwise such person shall be entitled to r eceive the pension under 
sub-section (1) in addition to such other pension.] 
6[Note -This sub-section shall be deemed to have come into  force on the 14 th  
day of May, 1996.] 
                                                 
1 Inserted by Act 26 of 2008. 
2 Inserted by Act 26 of 2008. 
3 Inserted by Act 8 of 1997. 
4 Explanation omitted by Act 8 of 1997. 
5 Substituted by Act 44 of 2005. 
6  Inserted by Act 26 of 2008. 
1[Explanation.-For the purposes of 2[sub-sections (3) and (4)], pension 
granted by the Government of India under the Freedo m Fighters, Pension 
Scheme, 1972 or by the Government of Kerala under t he Kerala Freedom 
Fighters, Pension Rules or by any other State Gover nment under a scheme for 
payment of pension to freedom fighters, shall not b e deemed to be pension 
from the Government of India or, as the case may be, any State Government]. 
  3[(4)Where any person entitled to pension under sub- section (1), is also 
entitled to any other pension under any law made by  the State or otherwise 
from the State Government or any Corporation owned or controlled by the 
State Government or any authority, such person shal l be entitled to receive the 
pension under sub-section (1) in addition to such other pension.] 
4[2A . Medical facilities to ex-members.- Any person who has served as a 
member referred to in clause (i) or clause (ii) or clause (iii)   5[of sub-section 
(1) of section 2 and the spouse of such person] sha ll, subject to such rules as 
may be made by the Government in this behalf, be en titled to medical 
treatment and medical attendance and to all other b enefits in connection 
therewith to the same extent 6[as a Class I Officer/Grade I Officer of the All 
India Services is entitled to from time to time]. 
Explanation .-For the removal of doubts, it is hereby clarified  that no 
member of the 7[family of a person other than his or her spouse] t o whom this 
section applies shall be entitled to any benefit under this section]. 
8[2B. Free Transit Coupons for Ex-Members of the Legislat ive Assembly .-
(1) Subject to such rules as may be made in this be half, any person, who has 
served as a member referred to in clause (i) or cla use (ii) or clause (iii) of sub-
section (1) of section 2 shall, at the option of su ch ex-member, be provided 
with all or any of the following free transit coupo ns of an aggregate value of 
9[seventy five thousand rupees] for a period of twel ve calendar months, 
namely- 
(i) rail travel coupons for travel by such ex-member by rail, and 
(ii) fuel coupons for the purchase of fuel for the travel of such ex-
member in a private vehicle: 
Provided that it shall be lawful for the Government  to enhance, by order, 
from time to time, the aforesaid amount of free tra nsit coupons proportionate 
to the periodical increase in rail charges made by the Central Government. 
(2) Subject to such rules as may be made in this be half every ex-
member shall be entitled to utilise such rail trave l coupons for the travel by 
                                                 
1 Inserted by Act 3 of 1982. 
2 Substituted by Act 25 of 1991. 
3 Added by Act 25 of 1991. 
4 Inserted by Act 3 of 1982. 
5 Substituted by Act 12 of 1994. 
6 Substituted by Act 6 of 1987. 
7 Substituted by Act 12 of 1994. 
8 Inserted by Act 26 of 2008. 
9 Substituted by Act 9 of 2018. 
such ex-member and his or her spouse and one compan ion in any class by any 
railway in India.] 
3. Power to make rules .-(1) The Government may, by notification in the 
Gazette, make rules for the purpose of carrying int o effect the provisions of 
this Act. 
(2) In particular and without prejudice to the gene rality of the 
foregoing power, such rules may provide for- 
(a) the form in which and the authority to which ap plication for 
pension shall be made; 
(b) the certificates to be furnished along with an application for 
pension; 
(c) any other matter which has to be, or may be, prescribed. 
(3) Every rule made under this Act shall be laid, a s soon as may be 
after it is made, before the Legislative Assembly, while it is in session, for a 
total period of fourteen days which may be comprise d in one session or in two 
successive sessions, and if, before the expiry of t he session in which it is so 
laid or the session immediately following, the Legi slative Assembly makes 
any modification in the rule or decides that the ru le should not be made, the 
rule shall thereafter have effect only in such modi fied form or be of no effect, 
as the case may be; so, however, that any such modi fication or annulment 
shall be without prejudice to the validity of anyth ing previously done under 
that rule. 
1[SCHEDULE 
[See  Section 2(1)] 
Rate of Pension  
Period Rate of Pension per mensem 
(`) 
For any period below two years 8,000 
For two years in the aggregate 8,000 
For three years in the aggregate 12,000 
For four years in the aggregate 16,000 
For five years in the aggregate 20,000 
Provided that where any person has served as a memb er as stated in 
sub-section (1) of section 2 for a period exceeding  five years, there shall be 
paid to him an additional pension of one thousand r upees per mensem for 
every year in excess of five years: 
                                                
 
1 Substituted by Act 9 of 2018. 
Provided further that in calculating the net qualif ying period for 
pension, fraction of half year and above shall be r ounded to the next 
completed year: 
Provided also that the Ex-members may be paid an ad ditional pension 
of rupees three thousand per mensem on completion o f seventy years of age, 
rupees three thousand and five hundred per mensem o n completion of eighty 
years of age: 
Provided also that the maximum pension to which a m ember is eligible 
under this Act shall not, in the aggregate, exceed rupees fifty thousand per 
mensem.] 
 

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