Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984
No: 4 Dated: Mar, 29 1984
Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984
(Act No. 4 of 1984)
An Act to provide for the payment of pension to persons who have been members of the Sikkim Legislative Assembly.
Be it enacted by the Legislature of Sikkim in the Thirty-fifth Year of the Republic of India as follows:
1. Short title and commencement. - (1) This Act may be called the Sikkim Legislative Assembly Members (Payment of Pension) Act, 1984.
(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
(a) "Assembly" means the Sikkim Legislative Assembly duly constituted under the Constitution (Thirty-sixth Amendment) Act, 1975 and thereafter.
(b) "term of office" in relation to a member of the Assembly, means the period beginning with the date of publication of the notification 'of his election as a member and ending with the date on which hill 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 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 were published in the Official Gazette:
Provided that where a person having been elected in a general election from more than one constituency resigns from a constituency, then the person who is elected subsequently from that constituency shall be deemed to have been elected on the date on which the results of the general election in other constituencies were published in the Official Gazette.
Explanation II. - Where any Member of the Assembly resigns his seat for any cause, 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 bee taken into consideration and he shall be deemed to have served as a Member for that period also:
Provided that the maximum period which may be taken into consideration shall not exceed three months in the case of any Member.
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.
3. Pension Payable to Members:- (1) On and from the commencement of this Act, there shall be paid a life long pension of three hundred rupees per month to every person who has served as a Member of the Assembly for a period of five years whether before or after the commencement of this Act and whether continuous or not:
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 month 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 month:
Provided further that, any person who has served as aforesaid for a period which falls short of five years by not more than sixty days shall also be paid a pension of three hundred rupees per month.
(2) In computing the number of years for the purposes of subsection (1) the period during which a person has served as a Speaker or Deputy Speaker of the Assembly or as Chief Minister, Minister, Minister of State or Deputy Minister or in more than one of those capacities by virtue of his membership of the Assembly, shall also be taken into account.