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[Cites 0, Cited by 7] [Entire Act]

Union of India - Section

Section 8A in The Salary, Allowances and Pension of Members of Parliament Act, 1954

8A. [ Pension] [Inserted by Act 105 of 1976 - effective from 9-9-1976]

[(1) With effect from the 18th day of May, 2009, there shall be paid a pension of [twenty-five thousand rupees] [Substituted by Act 37 of 2010 - effective from 18-05-2009.] per mensem to every person who has served for any period as a Member of the Provisional Parliament or either House of Parliament:Provided that where a person has served as a Member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of [two thousand rupees] [Substituted 'fifteen hundred rupees' by Finance Act, 2018 (Act No. 13 of 2018), dated 29.3.2018.] per mensem for every year served in excess of five years.Provided that where a person has served as a member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of one thousand five hundred rupees per mensem for every year served in excess of five years.][(1-A) The pension and additional pension to every person shall be increased after every five years commencing from 1st April, 2023 on the basis of Cost Inflation Index provided under clause (v) of Explanation to section 48 of the Income-tax Act, 1961.] [Inserted by Finance Act, 2018 (Act No. 13 of 2018), dated 29.3.2018.]
8A. [ Pension [Inserted by Act 105 of 1976, s.7. ]- (1)[With effect from the commencement of the Salary,Allowances and Pension of Members of Parliament (Amendment) Act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not.](i) as a member of the Council of States, or(ii) as a member of the House of the People; or(iii) partly as a member of the Council of States and partly as member of the House of the People; or(iv) as a member of the Provisional Parliament; or(v) party as a member of the Provisional Parliament and(a) partly as a member of the Council of States and partly as a member of the House of the People, or(b) partly as a member of the Council of States or partly as a member of the House of the People;[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 two hundred and fifty rupees per mensem for every year in excess of five years:Provided further that where any person has served as a Member of the House of the People twice for its duration as provided in clause (2) of article 83 of the Constitution, whether consecutively or not, and who is not entitled to any pension under the foregoing provisions of this sub-section, he shall, with effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem:Provided also that every person, who has served for any period as a member of the Provisional Parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall, with effect from the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem.] [Substituted by Act 48 of 1993, s.4]
[Explanation. 1] [Renumbered and ins. by Act 74 of 1985, s.6 ] - For the purpose of [this sub-section] [Renumbered and ins. by Act 74 of 1985, s.6 ] "Provisional Parliament" shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.[* * * * *] [Omitted by Act 40 of 2006 - effective from 15-9-2006.]
(2)Where any person entitled to pension under sub-section (1),
(i)is elected to the office of the President or Vice-President or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or
(ii)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 the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966, (19 of 1966); or
(iii)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 becomes otherwise entitled to any remuneration from such Government, corporation or local authority.
such person shall not be entitled to any pension under sub-section (1) for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration :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 (iii) payable to such person, is, in either case, less than the pension payable to him under sub-section (1), such person shall be entitled only to receive the balance as pension under that sub-section.
(3)[ where any person entitled to pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under subsection (1) in addition to such other pension.] [Substituted by Act 48 of 1993, s.4 ]
(4)In computing the number of years, for the purposes of sub-section (1), the period during which a person has served as a Minister as defined in the Salaries and Allowances of Ministers Act, 1952 (58 of 1952) or [as an Officer of Parliament] [Substituted by Act 33 of 1977, Section 11, for "an Officer of Parliament" (w.e.f. 18-11-1977). ] as defined in the Salaries and Allowances of Officers of Parliament Act, 1953, (20 of 1953) (other than the Chairman of the Council of States [for as a Leader of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977,(33 of 1977), or has served inall or any two of such, capacities] [Substituted by Act 33 of 1977, s. 11, for, "or both" (w.e.f. 1-11-1977).] by virtue of his membership in the House of the People or in the Council of States shall also be taken into account.]["8AA. Travel facilities to ex-Members. [Substituted by Act 9 of 2004 - effective from 9-1-2004.]- [(1) Every person who is not a sitting Member but has served for any period as a Member of either House of Parliament shall be,-]
(a)with effect from the 18th day of January, 1999, entitled along with a companion to travel in any train by any railway in India in air-conditioned two-tier class, or
(b)entitled to travel alone in any train by any railway in India in air-conditioned first class,
without payment of any charges on the basis of an authorisation issued for this purpose by the Secretariat of either House of Parliament as the case may be."
(2)[ Every person who is not a sitting member but has served for any period as a member from the Andaman and Nicobar Islands or the Lakshadweep, shall be entitled to travel by the highest class of accommodation in any steamer sailing between the Andaman and Nicobar Islands or, as the case may be, the Lakshadweep and the main land territory of India in addition to the facilities available to such member under sub-section (1), without payment of any charges on the basis of an authorization issued for this purpose by the Secretariat of either House of Parliament.] [Inserted by Act 40 of 2006 - effective from 15-9-2006]