The KERALA PAYMENT OF PENSION TO MEMBERS OF LEGISLATURE ACT, 1976

1
THE KERALA PAYMENT OF PENSION TO MEMBERS OF
LEGISLATURE ACT, 1976
(Act No. 46 of 1976)
CONTENTS
Preamble.
Sections:
1.   Short title and commencement.
2.  Pension of Members of Legislature .
2A. Medical facilities to ex-members.
2B. Free Transit Coupons for Ex-Members of the Legislative Assembly.
3.   Power  to make rules.
SCHEDULE.
2
THE KERALA PAYMENT OF PENSION TO MEMBERS OF
LEGISLATURE ACT, 1976*
(Act 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 Republic 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 Schedule 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  former  State  of
Travancore or Travancore-Cochin or Madras, representing any territory which after the 1 st
day of November, 1956, forms part of the State of Kerala or a member of the Legislative
Council or the Legislative Assembly of the former State of Cochin; or
(iii)  a member of the Legislative Council of the former 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 States Reorganisation Act, 1956 (Central Act
37 of 1956); or
(iv) partly as a member referred to in any of the preceding clauses and
partly as a member referred to in any one or more 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 suspended under Article 356 of the Constitution of India.
3[(1A) Where a member dies, his or her spouse shall, if such member would have
been entitled to pension under sub-section (1) if he or she had  ceased to be a member on the
date of his or her death, be entitled to the same amount  of pension as such member would
have been entitled to if he or she had ceased to be a member on that date.
(1B) Where a person entitled to pension under sub-section (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.
* Received the assent of the Governor on the 28th day of November, 1976 and published in the Kerala Gazette
Extraordinary No. 685, dated 1st December, 1976.
1 Substituted by Act 12 of 1994.
2 Omitted by Act 8 of 1997.
3 Inserted by Act 3 of 1982.
3
(1C) Where a person who would have been entitled to pension under subsection
(1) if he or she were alive at the commencement of  4[the Kerala Payment of Pension to
Members of Legislature (Amendment) 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 the 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 force on the date of his or her death.]
5[(1CC)  The  spouses  referred  to  in  sub-sections  (1A),  (1B)  and  (1C)  shall
notwithstanding anything contained in those sub-sections be eligible for the enhanced rates of
pension paid to the persons referred to in sub-section (1), from time to time.]
6[(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.]
7[(1D) Notwithstanding anything contained  in this Act,  a person entitled to
pension under sub-section (1) shall also be entitled to receive the full amount of pension
payable to him or her as spouse under sub-section (1A) or sub-section (1B) or sub-section
(1C).]
8[(1E) Where the spouse referred to in sub-sections (1A), (1B) and (1C) dies,9[the minor son or the unmarried daughter or the mentally 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 he or she had not died, subject to the following conditions, namely—
(i) In the case of minor son, until he attains the age of twenty-five years10[or he starts earning his livelihood, whichever is earlier];
(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;
11[(iia) 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 Vice-President of India or is
appointed to the Office of the Governor of any State or the Administrator  of any Union
Territory; or
(ii) becomes a member of the Council of States or the 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
4 Substituted by Act 12 of 1994.
5 Inserted by Act 12 of 1994.
6 Inserted by Act 44 of 2005. 
7 Inserted by Act 34 of 1989.
8 Inserted by Act 44 of 2005.
9 Substituted by Act 26 of 2008.
10 Inserted by Act 26 of 2008.
11 Inserted by Act 26 of 2008.
4
(iii) is employed on a salary under the Government of India or any State
Government or any  corporation owned or controlled  by the Government of India or any
State Government, or any local authority or becomes otherwise entitled to any remuneration
from such Government, corporation or local authority, such person shall not be entitled to any
pension under sub-section (1) for the period during which he continues to hold such office or
as such member, or is so employed, or continues to be entitled to such remuneration:
Provided that where the salary payable to such person for holding such office or being
such member 12[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, less than the pension payable to him under sub-section (1), such person shall be entitled
to receive only the difference as pension under that sub-section.13[xxxx]
14[(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 any authority, under any law  or otherwise such person
shall be entitled to receive the pension under sub-section (1) in addition to such other
pension.]
15[Note:—This sub-section shall be deemed to have come into force on the 14th day of
May, 1996.]
16[Explanation.—For the purposes of 17[sub-sections (3) and (4)], pension granted by
the Government of India under the Freedom Fighters, Pension Scheme, 1972 or by the
Government of Kerala under the Kerala Freedom Fighters, Pension Rules or by any other
State Government under a scheme for payment  of pension to freedom fighters, shall not
be deemed to be pension from the Government of India or, as the case may be, any State
Government].
18[(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  shall  be  entitled  to  receive  the  pension  under  sub-section  (1)  in
addition to such other pension.]
19[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) 2 0 [of sub-section (1) of section 2 and
the spouse of such person] shall, subject to such rules as  may be made by the Government
in this behalf, be entitled to medical treatment and medical attendance and to all other
benefits in connection therewith to the same extent 21[as a Class I Officer/Grade I Officer of
the All India Services is entitled to from time to time.]
12 Inserted by Act 8 of 1997.
13 Omitted by Act 8 of 1997.
14 Substituted by Act 44 of 2005.
15 Inserted by Act 26 of 2008.
16 Inserted by Act 3 of 1982. 
17 Substituted by Act 25 of 1991.
18 Added by Act 25 of 1991. 
19 Inserted by Act 3 of 1982.
20 Substituted by Act 12 of 1994.
21 Substituted by Act 6 of 1987.
5
Explanation.—For the removal of doubts, it is hereby clarified that no member of the22[family of a person other than his or her spouse] to whom this section applies shall be
entitled to any benefit under this section].
23[2B. Free Transit Coupons for Ex-Members of the Legislative Assembly.—(1)
Subject to such rules as may be made in this behalf, any person, who has served as a member
referred to in clause (i) or clause (ii) or clause (iii) of sub-section  (1) of section 2 shall, at
the option of such ex-member, be provided with all or any of the following free transit
coupons of an aggregate value of 24[seventy five thousand rupees] for a period of twelve
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 transit coupons proportionate to the periodical increase
in rail charges made by the Central Government.
(1) Subject  to such rules as may be made in this behalf every ex-member
shall be entitled to utilise such rail travel coupons for the travel by such ex-member and
his or her spouse and one companion 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 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—
(a) the form in which and the authority to which application 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, as 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 comprised in one session or in two successive  sessions, and if, before
the expiry of the session in which it is so laid or the session immediately following, the
Legislative Assembly makes any modification in the rule or decides that the rule should
not be made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.
22 Substituted by Act 12 of 1994.
23 Inserted by Act 26 of 2008.
24 Substituted by Act 9 of 2018.
6
25[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 member 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 rupees per mensem for every year in excess of five
years:
Provided further that in calculating the net qualifying period for pension, fraction
of half year and above shall be rounded to the next completed year:
Provided also that the Ex-members may be paid an additional pension of rupees
three thousand per mensem on completion of seventy years of age, rupees three thousand and
five hundred per mensem on completion of eighty years of age:
Provided also that the maximum pension to which a member is eligible under this Act
shall not, in the aggregate, exceed rupees fifty thousand per mensem.]
____
25 Substituted by Act 9 of 2018.

‹ Prev All Kerala acts Next ›