Section 12(2) in Tamil Nadu Payment of Salaries Act, 1951
(2)The salary referred to in clause (a) of sub-section (1) and the [compensatory allowance] [Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975) (with effect from 1st April, 1975).] referred to in sub-section (1-A), [the constituency allowance] [Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1992 (Tamil Nadu Act 33 of 1992).] [and the postal allowance] [Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1994 (Tamil Nadu Act 35 of 1994) (with effect from 1st April, 1993).] referred to in sub-section (1-AA) and the telephone allowance referred to in sub-section (4-B) shall accrue to a Member from the date on which he is declared duly elected, or in the case of a Member nominated by the Governor to fill a seat in the Legislative Assembly from the date on which he is so nominated or if such declaration or nomination is made before the vacancy occurs, from the date of occurrence of the vacancy:Provided that the salary, the [compensatory allowance] [Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975) (with effect from 1st April, 1975).], the constituency allowance, [the postal allowance] [Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1975 (Tamil Nadu Act 35 of 1975) (with effect from 1st April, 1975).] and the telephone allowance shall not be paid until the Member has made and subscribed the oath or affirmation referred to in Article 188 of the Constitution.[(2-A) Where on or after the 1st January 1967 any Member of the Legislative Assembly dies before the expiry of the term of his office, his family shall be paid an allowance of [one thousand rupees per mensem] [Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970) (with effect from 3rd October, 1970).] for the unexpired portion of the term of office of the said deceased Member.][(2-AA) Where any Member of the Legislative Assembly dies before the expiry of the term of his office, his family shall be paid a lump-sum allowance of [Two lakh rupees] [Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1990 (Tamil Nadu Act 4 of 1990) (with effect from 27th January, 1989).]].(2-B) The allowance payable under sub-section [(2-A)] [Vide Tamil Nadu Payment of Salaries (Second Amendment) Act, 1970 (Tamil Nadu Act 23 of 1970) (with effect from 3rd October, 1970).] and the lump-sum allowance payable under sub-section [(2- AA)] [Vide Tamil Nadu Payment of Salaries (Amendment) Act, 1990 (Tamil Nadu Act 4 of 1990) (with effect from 27th January, 1989).] shall be paid to the members of the family in equal shares.Explanation. - The expression, "family" means the wife or husband of the deceased Member and his or her minor sons, unmarried daughters and parents.
