LexThe MAHARASHTRA LEGISLATURE MEMBERS' PENSION ACT, 1976 (Text as On 1st November 2021)
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GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
MAHARASHTRA ACT No. I OF 1977.
THE MAHARASHTRA LEGISLATURE
MEMBERS’ PENSION ACT, 1976.
(Text as On the 1st November 2021)
*
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI 400 004 AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004
2021
[ Price : Rs. 22 ]
THE MAHARASHTRA LEGISLATURE MEMBERS’
PENSION ACT, 1976
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Pension payable to members.
4. Pension to be held in abeyance or to be reduced in
certain circumstances.
4A. Pension payable to widow, widower or minor children
of member.
5. Power to makes rules and orders.
6. Decisions on questions relating to pension.
(G.C.P.) H 128— (2043— 2021)
MAHARASHTRA ACT No. I OF 19771
[ THE MAHARASHTRA LEGISLATURE MEMBERS’ PENSION ACT, 1976 ]
(This Act received the assent of the Governor on 29th December 1976, assent was first published on
5th January 1977 in Maharashtra Government Gazette, Part IV).
Amended by Mah. 15 of 1977. Amended by Mah. 22 of 1996 (26-8-1996)2
Amended by Mah. 53 of 1977. (1-4-1977)3 Amended by Mah. 32 of 1999 (1-5-1999)4
Amended by Mah. 29 of 1981. Amended by Mah. 15 of 2000 (11-1-2000)5
Amended by Mah. 72 of 1981 (l-4-1981)6 7 Amended by Mah. 47 of 2000 (1-9-2000)8
Amended by Mah. 41 of 1986 (11-12-1986)9 Amended by Mah. 25 of 2003 (1-1-2003)10
Amended by Mah. 3 of 1989 (1-7-1989)11 12 Amended by Mah. 15 of 2006 (4-5-2006)13
Amended by Mah. 34 of 1989 (27-10-1989)14 Amended by Mah. 46 of 2006 (29-12-2006)15
Amended by Mah. 5 of 1991 (1-6-1990)16 Amended by Mah. 1 of 2007 (5-1-2007)17
Amended by Mah. 19 of 1993 (10-5-1993)18 Amended by Mah. 26 of 2007 (10-8-2007)19
Amended by Mah. 6 of 1994 (1-8-1993)20 Amended by Mah. 20 of 2008 (9-5-2008)21
Amended by Mah. 24 of 2008 (1-5-2008)22
Amended by Mah. 18 of 2009 (1-7-2009)23
Amended by Mah. 23 of 2011 (30-4-2011)24
Amended by Mah. 24 of 2013 (21-8-2013)25
Amended by Mah. 32 of 2016 (24-8-2016)26
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976, Part-V, Extra, pp. 612-617.
2 This indicates the date of commencement of Act.
3 This indicates the date of commencement of Act.
4 This indicates the date of commencement of Act.
5 This indicates the date of commencemen t of Act.
6 This indicates the date of commencement of Act.
7 Section 1(2) of Mah. 72 of 1981, provides as follows : —
“ (2) The whole of this Act, except sections 3 and 9 shall be deemed to have come into force on the 1s t April 1981. Sections 3 and 9
shall come into force on the date of publication of this Act in the Official Gazette.” This Act was published in the Official Gazette on
the 29th December 1981.
8 This indicates the date of commencement of Act.
9 This indicates the date of commencement of Act.
10 This indicates the date of commencement of Act.
11 This indicates the date of commencement of Act.
12 Section 3 of Mah. 3 of 1989 reads as under : —
“3. Removal of doubt. — For the removal of doubt, it is hereby declared that the provisions of Explanation II and III to clause
(2) of section 2 of the principal Act, as amended by this Act, shall be deemed to take effect on the 1 9th day of July 1987, and a
member who by virtue of these provisions become eligible for payment of pension shall subject to the provisions of sections 3, 4 and
6 of the principal Act and the rules made thereunder, be entitled also to the payment of arrears of such pension with effect from
19th day of July 1987.”.
13 This indicates the date of commencement of Act.
14 This indicates the date of commencement of Act.
15 This indicates the date of commencement of Act.
16 This indicates the date of commencement of Act.
17 This indicates the date of commencement of Act.
18 This indicates the date of commencement of Act.
19 This indicates the date of commencement of Act.
20 This indicates the date of commencement of Act.
21 This indicates the date of commencement of Act.
22 This indicates the date of commencement of Act.
23 This indicates the date of commencement of Act.
24 This indicates the date of commencement of Act.
25 This indicates the date of commencement of Act.
26 This indicates the date of commencement of Act.
2 Maharashtra Legislature Members’ Pension Act, 1976 [ Mah. I : 1977
An Act to provide for payment of pension to persons who have served as members of any State
Legislature in Maharashtra.
WHEREAS it is expedient to provide for payment of pension to persons who have served as members of
any State Legislature in Maharashtra and for other matters connected therewith ; It is hereby 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 Maharashtra Legislature
Members' Pension Act, 1976.
(2) It shall come into force on 1such date as the State Government may by notification in the Official
Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(1) “ member of the State Legislature ” means a member of the Maharashtra Legislative Assembly or
the Maharashtra Legislative Council and includes—
(a) a member of the Bombay Legislative Assembly, the Madhya Pradesh Legislative Assembly or
the Hyderabad Legislative Assembly, elected to any of those Assemblies, on or after the earliest dat e
on which all constituencies of any of those Assemblies were call ed upon to elect members in 1952
(hereinafter in this clause referred to as “ the said date ”) —
(i) if as a sitting member, he continued as a member of the Bombay Legislative Assembly or
was deemed to have been elected to that Assembly under the States Re organisation Act, 1956
(XXXVII of 1956) ; or
(ii) if as a sitting member, he continued to be a member of the Maharashtra Legislative
Assembly or was deemed to be elected to that Assembly under the Bombay Reorganisation Act,
1960 (XI of 1960) ;
(b) a member of the Bombay Legislative Assembly, nominated to that Assembly, on or after the
said date2* * * ;
(c) a member of the Bombay Legislative Council elected to that Council, on or after the said
date,—
(i) if as a sitting member, he continued as a member of the Bombay Legislative Council or
was deemed to have been elected to that Council under the States Reorganisation Act, 1956
(XXXVII of 1956) ; or
(ii) if as a sitting member, he continued as a member of the Maharashtra Legislative Council
or was deemed to have been elected to that Council under the Bombay Reorganisation Act,
1960 (XI of 1960) ;
(d) a member of the Bombay Legislative Council, nominated to that Council, on or after the said
date, 3**** 4[and shall also include any person who was, on or after the 1st January 1946, an elected or
nominated member of any Legislative Assembly or Legislative Council (by whatever name called)
1 1st April 1977 vide G.N., L.A.D., No. PEN. 1077/52 -111, dated 1st April 1976, published in Maharashtra Government Gazette, 1977,
Part IV-B, Extra., Page 156.
2 The words “ if such member was during the period of his membership permanently residing in any area which forms part of the
State of Maharashtra ” were deleted by Mah. 53 of 1977, s. 2(a).
3 The words “ if such member was during the period of his membership permanently residing in any area which forms part of
the State of Maharashtra ” were deleted by Mah. 53 of 1977, s. 2(a).
4 This portion was deemed always to have been added by Mah. 29 of 1981, s. 2.
Mah. I : 1977 ] Maharashtra Legislature Members’ Pension Act, 1976 3
constituted for any Province or any State (including an Indian State), the area of which, or any portion
thereof, falls in any part of the State of Maharashtra,—
(A) if he was elected to represent any territorial constituency of any such Assembly or
Council, the area of which, or any portion thereof, also falls in any part of the State of
Maharashtra ;
(B) if he was elected to represent any constituency, other than a territorial constituency or
he was a nominated member, the place where he was residing or carrying on his business, at the
time of his election or nomination, as t he case may be, to any such Assembly or Council, is
situated in any part of the State of Maharashtra;]
(2) “ term of office ” in relation to a member of the State Legislature, means the period begining
with the date of publication of the notification of hi s election or nomination as a member and ending
with the date on which his seat becomes vacant.
Explanation I.— Where a general election to the Assembly is held and election does not take place in
any constituency for any reason and a member is elected in t hat constituency at the election held
subsequently, in his case the term of office shall be deemed to have begun on the date on which the results
of the general election in other constituencies are published in the Official Gazette.
Explanation II.— Where any member of the State Legislature had resigned his seat for any cause or
causes approved by the State Government in this behalf by notification in the Official Gazette, then for the
purpose of calculating his term of office, the period during which he wou ld have continued to be a member,
but for his resignation, shall be taken into consideration and he shall be deemed to have served as a
member for that period also :
Provided that, the maximum period which shall be taken into consideration accordingly shall not
exceed six months in the case of any member :
1
[Provided further that, resignation by a member of his seat in support of the agitation for formation of
the unilingual State of Maharashtra, shall be deemed to be for a cause approved for the purposes o f this
Explanation, and notwithstanding anything contained in the first proviso in the case of member who has
resigned his seat for such cause, the period during which such member would have continued to be a
member, but for his resignation, shall be taken into consideration while calculating the term of office of such
member and he shall be deemed to have served as a member for that period also.]
2[ Explanation III.— Where any Assembly is dissolved earlier, but not earlier than six months prior to
the date on which its duration would have expired under the provisions of clause ( 1) of article 172 of the
Constitution of India, then for the purpose of calculating the term of office of any member thereof, the period
during which he would have continued to be a m ember of the Assembly if it had not been dissolved earlier,
shall be taken into consideration, and he shall be deemed to have served as a member for that period also :
3[ Provided that, notwithstanding anything contained in this Explanation, in the case of a sitting
member on the 17th day of February 1980, being the date on which the Maharashtra Legislative Assembl y
was dissolved, the period during which such member would have continued to be a member of the Assembly,
if it had not been so dissolved, shall be taken into consideration while calculating the term of office of such
member, and he shall be deemed to have served as a member for that period also : ]
1 This proviso was deemed to have been added with effect from the 19th July 1987 by Mah. 3 of 1989, s. 2(a).
2 Explanations III and IV were added by Mah. 53 of 1977, s. 2( b).
3 This proviso was deemed to have been added with effect from the 19th July 1987 by Mah. 3 of 1989, s. 2(b).
4 Maharashtra Legislature Members’ Pension Act, 1976 [ Mah. I : 1977
1[ Provided further that, notwithstanding anything contained in this Explanation, in the case of sit ting
member on the 15th day of July 1991, being the date on which the Maharashtra Legislative Assembly wa s
dissolved, the period during which such member would have continued to be a member of the Assembly, if it
was not so dissolved, shall be taken into c onsideration while calculating the term of office of such member,
and he shall be deemed to have served as a member for that period also.]
Explanation IV.— Where the term of office of any member of the Bombay Legislative Council referred
to in paragraphs (c) and (d) of clause (1) was curtailed under section 156 of the Representation of the People
Act, 1951 (43 of 1951), and he was made to retire before the expiry of his normal term of office, th en the
period during which he served as such member shall, notwi thstanding anything contained in section 3 of
this Act, be taken into consideration, and he shall be paid a pension of 2[ 3three hundred rupees] per month
for every period of one complete year he served as such member. ]
3. Pension payable to members.— 4 [(1) There shall be paid a pension of 5[fifty thousand rupees ]
per month to every person who on his election or nomination as a member of the State Legislature has
taken or takes oath as such member of either House of State Legislature :
6[Provided that, where any person has served as a member for a period exceeding five years, there
shall be paid to him an additional pension of 7[two thousand rupees] per month for every year in excess of
five years : ]
Provided further that, if any such pe rson becomes 8[disqualified for being a Member of the State
Legislature under clause ( 1) of article 191 of the Constitution of India], he shall not be entitled to receive
such pension.]
(2) In computing the number of years for the purpose of sub -section (1), the period during which a
person has served as Chairman or Deputy Chairman of a Legislative Council or Speaker or Deputy Speaker
of a Legislative Assembly or as Minister, Minister of State, Deputy Minister or Parliamentary Secret ary or
in more than one of those capacities by virtue of his membership in the Council or in the Assembly, shall
also be taken into account.
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 ; or
(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 Stat e Government, or any local
authority or otherwise receives any remuneration from such Government, corporation or local authorit y,
such person shall not be entitled to any pension under section 3 for the period during which he continues to
hold office, or c ontinues as such member, or is so employed, or continues to receive such remuneration :
1 This proviso was added by Mah. 15 of 200 0, s. 2.
2 These words were substituted for the words “ sixty rupees ” by Mah. 41 of 1986, s. 2
3 For the words “ one hundred ” the words “ two hundred ” were substituted with effect from the 1st June 1990, and for the words “ two
hundred ” as so substituted these words were substituted, with effect from the 1st August 1993 by M ah. 22 of 1996, s. 2..
4 Sub-section (1) was substituted by Mah. 47 of 2000, s. 2.
5 These words were substituted for the words “ forty thousand rupees ” by Mah. 32 of 2016, s. 13.
6 This proviso was substituted by Mah. 1 of 2007, s. 2.
7 These words were substituted for the word s “ one thousand rupees ” by Mah. 24 of 2013, s. 2(b).
8 These words shall be deemed to have been substituted with effect from the 1st September 2000, for th e words “ disqualified as a
member of the State Legislature ” by Mah. 46 of 2006, s. 2.
Mah. I : 1977 ] Maharashtra Legislature Members’ Pension Act, 1976 5
1[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 of pension under that section. ]
2* * * * *
3* * * * *
4 [(3) Nothing in this Act shall affect the right of any member of the State Legislature to receive any
pension from the Central Government or any State Government or any Corporation owned or controlled b y
the Central Government or the State Government or any local authority, under any law or otherwise, or any
pension from the Central Government or any State Government as a freedom fighter.]
5[4A. Pension payable to 6[widow, widower or minor children of member.]. — (1) With effect
from the 1st day of August 1988 there shall, subject to the provisions of sub-section (3), be paid a pension of
one thousand rupees per month to the 7[widow], if any, of any member who dies during his term of office as
such member, for a period of five years from the date of his death.
(2) With effect from 8[the 1st July 2009] where a member who is drawing pension or is entitled to draw
any pension as such member under this Act dies, then the 9[widow or widower], if any, of such member
shall, subject to the provisions of sub -section (3), be paid pension per month at the rate o f fifty per cent. of
the amount of pension payable to such member on the date of his death 10[or 11[ rupees seven thousand five
hundred ] whichever is more ].
12[ (2A) With effect from 13[the 1st July 2009], there shall subject to the provisions of sub-section (3), be
paid to the 14[ widow or widower ] of a member who was drawing pension or was entitled to draw pension as
such member under this Act and who died before the 1st day of June 1990, a pension per month at the rate
of fifty per cent. of the amount of p ension payable to such member on the date of his death 15[ or 16[ rupees
seven thousand five hundred ], whichever is more ].
17* * * * *
18[ ( 2B) Notwithstanding anything contained in sub -sections ( 1), ( 2) or ( 2A), but subject to the
provisions of sub -section (3), there shall be paid a pension to the widow or widower of the member of the
State Legislature, who was not entitled to pension under the Act, 19[with effect from 20[ the 1st July 2009, at
the rate of rupees seven thousand five hundred per month.] ]
(2C) With effect from the 1st January 2006, where the widow or the widower of the deceased member is
survived by a minor child or children of such member, there shall be paid a pension per month to suc h
minor child or children at the same rate at which the pen sion was payable to the widow or widower, and
such pension shall be paid in such manner as may be prescribed by rules.]
1 This proviso was inserted and deemed always to have been inserted by Mah. 23 of 2011, s. 3.
2 The proviso was deleted by Mah. 20 of 2008, s. 3 and shall be deemed always to have been deleted.
3 Sub-section (2) was deleted by Mah. 34 of 1989, s. 3( a).
4 Sub-section (3) was substituted by Mah. 34 of 1989, s. 3( b).
5 Section 4A was inserted by Mah. 5 of 1991, s. 3.
6 These words were substituted for the words “ widow of member ” by Mah. 15 of 2006, s. 2(a).
7 The word was substituted for the word “ wife ” by Mah. 15 of 2006, s. 2(a).
8 These words, letters and figures were substituted for the words, letters and figures “ the 1st May of 2008 ” by Mah. 18 of 2009, s.
8(a)(i).
9 These words were substituted for the word “ widow ” by Mah. 15 of 2006, s. 2(a)(ii).
10 These words were added by Mah. 6 of 1994, s. 3(a)(ii).
11 These words were substituted for the words “ rupees five thousand ” by Mah. 18 of 2009, s. 8(a)(i).
12 This sub-section was inserted by Mah. 19 of 1993, s. 2( b).
13 These words, letters and figures were substituted for the words, letters and figures “ the 1st May of 2008 ” by Mah. 18 of 2009, s.
8(b)(i).
14 These words were substituted for the word “ widow ” by Mah. 15 of 2006, s. 2(b)(ii).
15 These words were added by Mah. 6 of 1994, s. 3(b)(ii).
16 These words were substituted for the words “ rupees five thousand ” by Mah. 18 of 2009, s. 8 (b)(ii).
17 This proviso shall be deemed to have been deleted with effect from the 1st August 1993 by Mah. 6 of 1994, s. 3 (b)(iii).
18 Sub-sections (2B) and (2C) were inserted by Mah. 15 of 2006, s. 2( c).
19 These words, letters and figures were substituted for the portion beginning with the words, letters and figures “ from the 1st
September 2000 ” and ending with the words “ rupees three thousand per month ” by Mah. 26 of 2007, s. 3(c).
20 These words, figures and letters were substituted for the words, figures and letters “ the 1st May 2 008, at the rate of rupee s five
thousand per month ” by Mah. 18 of 2009, s. 8(c).
6 Maharashtra Legislature Members’ Pension Act, 1976 [ Mah. I : 1977
1[(2D) Notwithstanding anything contained in sub -sections (1), (2), (2B) and (2 C), but subject to the
provisions of sub -section (3), there shall be paid a pension, to the widow or widower of the member of the
State Legislature or where the widow or widower of such deceased member is survived by minor child o r
children, to such minor child or children, 2[with effect from the 1st August 2013, at the rate of rupees forty
thousand per month. ]
3[(3) Where such widow or widower has re -married, then she or he shall not be entitled to the pension
under this section from the date of such re-marriage.]
4[5. Power to make rules or orders. — (1)(a) For the purpose of making rules or orders under this
section, there shall be constituted a Joint Committee of both Houses of the State Legislature consis ting of
five members from the Maharashtra Legislative Council nominated by the Chairman of the Council and ten
members from the Maharashtra Legislative Assembly nominated by the Speaker 5[of the Assembly and the
Finance Minister shall be its ex-officio member and Chairman].
(b) The Joint Committee constituted under clause ( a) 6[* * *] shall have power to regulate its
procedure.
(c) A member of Joint Committee 7[ other than the Finance Minister,] shall hold office as such member
for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by
nomination by the Chairman or the Speaker, as the case may be.
(2)(a) The Joint Committee constituted under sub -section ( 1) may, in consultation with the State
Government, make rules or orders for carrying out the purposes of this Act.
(b) In particular and without prejudice to the generality of the foregoing power, such rules or orders
may provide for all or any of the following matters, namely :—
(i) the form in which and the authority to which an application for pension shall be made ;
(ii) the certificates to be furnished along with an application for pension ;
(iii) the declarations to be made at the time of drawing pension ;
(iv) any other matter necessary for proper implementation and enforcement of this Act.
(3) All rules or orders mad e under sub -section (2) shall not take effect until they are approved and
confirmed by the Chairman of the Council and the Speaker of the Assembly and are published in the
Official Gazette. Such publication of the rules or orders shall be conclusive proof that they have been duly
made.
(4) Any rules or orders under the section may be made so as to be retrospective to any date not earlie r
than the date of commencement of this Act.
(5) All rules or orders made under this section shall have effect as if enacted in 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 8[the Chairman of the Maharashtra Le gislative
Council and the Speaker of the Maharashtra Legislative Assembly, who shall, in consultation with the State
Government, decide the question. The decision of the Chairman and the Speaker shall be final.]
1 Sub-section (2D) was inserted by Mah. 23 of 2011, s. 4.
2 These words and figures were substituted for the words and figures “ with effect from the 1st May 2011, at the rate of rupees twenty -
five thousand ” by Mah. 24 of 2013, s. 3.
3 This sub-section was substituted by Mah. 15 of 2006, s. 2( d).
4 Section 5 was substituted for the original by Mah. 15 of 1977, s. 2.
5 These words were substituted for the words “ of the Assembly ” by Mah. 72 of 1981, s. 9(a).
6 The words “ shall elect its Chairman and ” were deleted by Mah. 72 of 1981, s. 9(b).
7 These words were inserted by Mah. 72 of 1981, s. 9( c).
8 These words were substituted for the words “ the State Government and its decision shall be final ” by Mah. 15 of 1977, s. 3.
GOVERNMENT CENTRAL PRESS, MUMBAI.
Mah. I : 1977 ] Maharashtra Legislature Members’ Pension Act, 1976
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