Amendment status not verified — confirm the current text below against the official source.
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 State Government, or any local authority or otherwise receives any remuneration from such Government, corporation or local authority, such person shall not be entitled to any pension under section 3 for the period during which he continues to hold office, or continues as such member, or is so employed, or continues to receive such remuneration : 1 This proviso was added by Mah. 15 of 2000, 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 Mah. 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 words “ 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 the 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 by 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 of 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 pension 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 such minor child or children at the same rate at which the pension 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 2008, at the rate of rupees 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 (2C), 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 or 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 consisting 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 made 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 earlier 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.]