The West Bengal Legislature ( Members' Pension ) Act, 1986

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XVIII of 1986 
THE WEST BENGAL LEGISLATURE (MEMBERS' 
PENSION) ACT, 1986. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 18th July, 1986.] 
[18th July, 1986.] 
An Act to provide for the pension of the Members of the West Bengal 
Legislature. 
WHEREAS it is expedient to provide for the pension of the Members 
of the West Bengal Legislature; 
It is hereby enacted in the Thirty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Legislature (Members' Short title 
Pension) Act, 1986. 	 and 
commence- 
ment. 
(2) It shall come into force on the 1st day of April, 1986. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "Legislative Assembly" means the Legislative Assembly of 
the State of West Bengal; 
(b) "Legislative Council" means the Legislative Council of 
the State of West Bengal existing immediately before the 
of 1969. 	 coming into force of the West Bengal Legislative Council 
(Abolition) Act, 1964. 
3. (1) With effect from the date of commencement of this Act, pension. 
there shall 'be paid a pension of four hundred rupees per mensem to 
every person who has served, after the 1st day of January, 1952, for a 
period of five years, whetger continuous or not,— 
(a) as a Member of the Legislative Assembly, or 
(b) as a Member of the Legislative Council, or 
(c) partly as a Member of the Legislative Assembly and partly 
as a Member of the Legislative Council: 
121 
The West Bengal Legislature (Members' Pension) 
Act, 1986. 
[West Ben. Act 
(Section 3.) 
Provided that where any person has served as aforesaid for a period 
exceeding five years, there shall be paid to him an additional pension of 
fifty rupees per mensem for every year in excess of five, so, however, that 
in no case the pension. payable to such person shall exceed five hundred 
rupees per mensem. 
(2) Where any person entitled to pension under sub-section (1),— 
(a) is elected to the office of the President or Vice-President or 
is appointed to the office of the Governor of any State or the 
Administrator of any Union Territory, or 
(b) become a Member of the Council of State or the House of the 
people or any Legislative Assembly of a State or Union 
Territory or any Legislative Council of a State or the 
Metropolitan Council of Delhi constituted under section 3 of 
the Delhi Administration Act, 1966, or 	 19 of 1966. 
(c) is employed on a salary under the Central Government or 
any State Government, or any corportion owned or controlled 
by the Central Government 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 or so employed, or where the remuneration 
referred to in clause (c) payable to such person, is, in either case, less than 
the pension payable to him under sub-section (1), such person shall be 
entitled only to receive the balance as pension under that sub-section. 
(3) Where any person entitled to pension under sub-section (1) is also 
entitled to any pension from 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, under any 
law or otherwise, then,— 
(a) where the amount of pension to which he is entitled under 
such law or otherwise, is equal to or in excess of that to which 
he is entitled under sub-section (1), such person shall not be 
entitled to any pension under that sub-section; and 
122 
The West Bengal Legislature (Members' Pension) 
Act, 1986. 
XVIII of 1986.] 
(Section 3.) 
West Ben. 
Act V of 
1952. 
Ben Act 11 
Df 1937. 
(b) where the amount of pension to which he is entitled under 
such law or otherwise, is less than that to which he is 
entitled under sub-section (1), such person shall be entitled 
to pension under that sub-section only of an amount which 
falls short of the amount of pension to which he is other-
wise entitled under that sub-section. 
(4) Notwithstanding anything contained in sub-section (3), where any 
person entitled to pension under sub-section (1) is also entitled to any 
pension from the Central Government .or any State Government as a 
freedom-fighter, then, the pension to which such person is entitled as a 
freedom-fighter shall not be taken into account in calculating the amount 
of pension to which he is entitled under sub-section (1). 
(5) In computing the number of years, for the purposes of sub-
section (1), the period during which a person has served as a Chief Minister 
or Minister or Minister-of-State or Deputy Minister or Parliamentary 
Secretary of the Government of West Bengal or Speaker or Deputy 
Speaker of the Legislative Assembly or Chairman or Deputy Chairman of 
the Legislative Council as defined in the West Bengal Salaries and 
Allowances Act, 1952, or as the Leader of the Opposition as referred to in 
the second proviso to section 3 of the Bengal Legislative Assembly 
(Members' Emoluments) Act, 1937, or has served in more than one such 
capacity by virtue of his membership in the Legislative Assembly or in the 
Legislative Council, shall also be taken into account. 
(6) For the avoidance of doubt, it is hereby declared that, for the 
purpose of pension under this Act,— 
(a) where a general election is held for the purpose of constituting 
a new Legislative Assembly on the expiration of the duration 
of the existing Legislative Assembly or on its dissolution, 
but no election of any Member from an Assembly 
constituency can be held simultaneously with such general 
election for any reasons whatsoever, and a Member is 
elected from such constituency at an election held after such 
general election, the period of five years in respect of such 
Member shall be deemed to have commenced from the date 
appointed for the first meeting of the Legislative Assembly 
after the general election; 
123 
The West Bengal Legislature (Members' Pension) 
Act, 1986. 
[West Ben. Act XVIII of 1986.] 
(Sections 4, 5.) 
(b) where the Legislative Assembly is dissolved before the 
expiration of the period of its duration referred to in clause 
(1) of article 172 of the Constitution of India, the period 
commencing from the date appointed for the first meeting of 
the Legislative Assembly after the general election held for 
the purpose of constituting a new Legislative Assembly and 
ending on the date of such dissolution shall be deemed to be 
the period of five years: 
Provided that the provisions of this clause shall not apply 
for the purpose of additional pension under this Act; 
(c) where the Legislative Assembly remains suspended under 
article 356 of the Constitution of India, the period during 
which the Legislative Assembly remains so suspended shall 
be taken into account. 
Power to 
make rules. 
Power to 
decide in the 
case of 
doubt or 
dispute. 
4. (1) The State Government may, by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act. 
(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:— 
(a) the form in which and the authority to whom an application 
for pension shall be made; 
(b) the form in which certificates, if any, shall be furnished 
along with the application for pension; 
(c) the declarations to be made at the time of drawing the 
pension; 
(d) any other matter necessary for proper implementation and 
enforcement of this Act. 
5. If any doubt or dispute arises as to whether a person is entitled to 
any 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 State Government, and the decision of the State Government thereon 
shall be final. 
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