Amendment status not verified — confirm the current text below against the official source.
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.