Section 3 in Punjab State Legislative Members (Pension and Medical Facilities Regulation) Act, 1977
3. Pension.
(1)From the date of commencement of this Act, there shall be paid to every person who has served as a member for a period of five years, whether continuous or not, a pension of three hundred rupees per mensem :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 mensem 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 mensem.[(1-A) Where a person has served as member for full term of a Legislative Assembly but that term falls short of five years by a period not exceeding three months such person shall, for the purposes of sub-section (1), be deemed to have served as a member for a period of five years :] [Inserted by Punjab Act 7 of 1979.][(1-B) Notwithstanding anything contained in sub-section (1) and (1-A), there shall be paid to every person who has served as a member a pension of [one thousand rupees] [Inserted by Punjab Act 10 of 1986.] per mensem :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 one hundred rupees per mensem for every year in excess of five [ - ] [Words omitted by Act No. 5 of 1992.];[-] [Sub-sections (1-C), (1-D) and (1-E) of Section 3 omitted vide Punjab Government Notification No. 5-PLA-2002/34, dated 21.6.2002.](2)Where any person entitled to pension [under sub-section (1) or sub-section (1-B)] [Inserted by Act No. 10 of 1986.](i)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(ii)becomes a member of the Council of States or the House of 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; 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 be entitled to any pension [under sub-section (1) or sub- section (1-B)] [See Act No. 10 of 1986 (Published in Extraordinary Gazette of 21st April, 1986.)] 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 hold 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) and sub- section (1-B)] [See Act No. 10 of 1986 (Published in Extraordinary Gazette of 21st April, 1986.)] 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) or sub- section (1-B)] [See Act No. 10 of 1986 (Published in Extraordinary Gazette of 21st April, 1986).] is also entitled to any pension from 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, under any law or otherwise then, -(a)where the amount of pension to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled [under sub-section (1) or sub-section (1-B)] [See Act No. 10 of 1986 (Published in Extraordinary Gazette of 21st April, 1986).] such person shall not be entitled to any pension under that sub-section; and(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) or sub-section (1-B)] [See Act No. 10 of 1986 (Published in Extraordinary Gazette of 21st April, 1986).] 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 otherwise entitled under that sub-section.Explanation. - For the removal of doubts it is hereby declared that the pension payable under the Freedom Fighters Pension Scheme, 1972, framed by the Central Government and the financial assistance given from the Punjab National Workers Relief Fund shall not be taken into account for the purposes of determining the amount of pension payable under this Act.(4)In computing the number of years, for the purposes of sub-section (1), the period during which a person has served as a Chairman, Minister, Speaker, Deputy Chairman, Deputy Minister, Deputy Speaker or Chief Parliamentary Secretary or Parliamentary Secretary by virtue of holding office of member shall also be taken into account.(5)[ No person shall be entitled to pension under this Act for or in respect of [the term and during the period for which he has incurred disqualification] [See Act No. 10 of 1986 (Published in Extraordinary Gazette of 21st April, 1986).] under the Representation of People Act, 1951 or any other law for the time being in force.][3A. Recovery of Government dues from pension. - If any person to whom pension is admissible under this Act has not paid to the State Government any amount payable by him on account of any residential accommodation or any other facility of whatever nature provided to him by the State Government in his capacity as Minister, [Leader of the Opposition as defined in the Salary and Allowances of Leader of Opposition in Legislative Assembly Act, 1978] [See Punjab Act 23 of 1978.], Speaker, Deputy Minister, Deputy Speaker, Chief Parliamentary Secretary, Parliamentary Secretary, or member, the above referred to amount due from him may be recovered from his pension.
