Section 3(6) in The West Bengal Legislature (Members' Pension) Act, 1986
(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;(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.(d)[ where a Member of the Legislative Council would have continued as such Member but for the coming into force of the West Bengal Legislative Council (Abolition) Act, 1969, the period up to which the Member would have so continued in accordance with the provisions of clause (2) of article 172 of the Constitution of India shall be taken into account.] [Clause (d) inserted by West Bengal Act 9 of 1987, w.e.f. 1.4.1986.]
