Section 11D in Telangana Payment of Salaries and Pension and Removal of Disqualifications Act, 1953
11D. [ Pension. [Omitted by Act No.7 of 1983 and again inserted with marginal heading by Act No.28 of 1985.]
- [(1) There shall be paid to every person who has served for a term or part of it as,-(i)a member of the [Telangana] Legislative Assembly, or(ii)a member of the [Telangana] [Substituted by G.O.Ms.No.1, General Administration (SR) Department, dated 03.01.2015.] Legislative Council, or(iii)partly as a member of the said Legislative Assembly and partly as a member of the said Legislative Council;[A pension of Rs.30,000/- (rupees thirty thousand only) per mensem for the first term or a part of it and a pension of Rs.1,000/- (rupees one thousand only) per mensem for each year of his service in subsequent term as such member, so however, that in no case the pension payable to such person shall exceed Rs.50,000/-(rupees fifty thousand only) per mensem.] [Substituted by Act No.6 of 2016.]Explanation. - For the purposes of this sub-section,-(a)the period during which a person served as a member of the Legislative Assembly or Legislative Council or partly as a member of the Legislative Assembly and partly as a member of the Legislative Council, as it existed during the period commencing from the 15th August, 1947, and ending with the 1st November, 1956, of the Former Province or State of Madras or State of Hyderabad or State of Andhra shall be taken into account [in computing the first term or a part of it and the number of years in respect of subsequent term;] [Substituted by Act No.3 of 2005.](b)[in respect of the subsequent term] [Added by Act No.3 of 2005.] the period of one year shall be counted from the date of declaration of results of the election or, as the case may be, from the date of the nomination;(c)[in respect of the subsequent term] [Added by Act No.3 of 2005.] the fractions of a year not less than six months, except in the case of [the first year of service in such subsequent term] [Substituted by Act No.3 of 2005.] as such member, shall be counted as one year and other fractions shall be disregarded.(d)[ the computation of service for the first term or a part of it, shall be from the date of declaration of results of the election or as the case may be, from the date of nomination.] [Added by Act No.3 of 2005.] ](2)Where any person entitled to pension under subsection (1) is also entitled to any salary from the Central Government or the State Government or any Corporation owned or controlled by the Central Government or the State Government or any Local Authority under any law or otherwise or has become 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 be entitled to such salary or remuneration:Provided that where the salary or remuneration referred to in this sub-section (1), such person shall be entitled only to receive the difference as pension under this sub-section.Explanation I. - For the purpose of this sub-section, the expression "salary" shall, in relation to a Member of the Legislative Assembly or the Legislative Council, include the constituency allowance to which he is entitled under clause (c) of sub-section (1) of section 11.Explanation II. - For the purpose of this sub-section, the expression "remuneration" shall not include pension to which a person is entitled from the Central Government or the State Government or the Corporation or the Local Authority referred to therein.(3)In computing [the number of years in respect of subsequent term] [Substituted by Act No.3 of 2005.] for the purpose of sub-section (1), the period during which a person has served as a Chief Minister, Deputy Chief Minister, Minister and Deputy Minister, the Speaker and Deputy Speaker, the Chairman and the Deputy Chairman, the Chief Whip in the Assembly, Whip in the Assembly and the Chief Whip and Whip in the Council or held any of the offices specified in sections 12-A and 12-B or both by virtue of his membership of the Legislative Assembly or the Legislative Council, shall also be taken into account.(4)[ The [spouse] [Added by Act No.21 of 1990.] of a deceased Member, who is not re-married, shall be entitled to receive [xxx] [The word 'half' omitted by Act No.6 of 2016.] the pension, which the deceased member would have been entitled to receive under this section, had he been alive.] ]
