Maharashtra Legislature Members' Pension Act, 1976
No: 1 Dated: Jan, 05 1977
THE MAHARASHTRA LEGISLATURE MEMBERS’ PENSION ACT, 1976
ACT No. I OF 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 such 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 date on which all constituencies of any of those Assemblies were called upon to elect members in 1952 (hereinafter in this clause referred to as "the said date")-
(i) if as a sitting member, be continued as a member of the Bombay Legislative Assembly or was deemed to have been elected to that Assembly under the States Reorganisation Act, 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;
(b) a member of the Bombay Legislative Assembly, nominated to that Assembly, on or after the said date * * *
(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; 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;
(d) a member of the Bombay Legislative Council, nominated to that Council, on or after the said date; * * * 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) 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 the 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 beginning with the date of publication of the notification of his 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 that constituency at the election held subsequently, in this 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 would 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:
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 of this Explanation, and notwithstanding anything contained in the first proviso, in the case of a 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.
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 member 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.
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 Assembly 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 shall be deemed to have served as a member for that period also.
Provided further that, notwithstanding anything contained in this Explanation, in the case of a sitting member on the 15th day of July 1999, being the date on which the Maharashtra Legislative Assembly was 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 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.
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, and he was made to retire before the expiry of his normal term of office, then the period during which he served as such member shall, notwithstanding anything contained in section 3 of this Act be taken into consideration, and he shall be paid a pension of For the words 'one hundred' the words 'two hundred' were substituted with effect from 1st June 1990, and three hundred rupees per month for every period of one complete year he served as such member.