Section 4B(1) in The Orissa Legislative Assembly Members' Salary, Allowances and Pension Act, 1954
(1)With effect from the commencement of the Orissa Legislative Assembly Members' Salary, Allowances and Pension (Amendment) Act, [2007], there shall be paid a pension of [six thousand rupees] [Substituted vide O.A. No. 7 of 2007, O.G.E. No. 1484 dated 23.8.2007.] per mensem to every person who has held office for a period of two years, whether continuous or not, as a Member of the Assembly :Provided that where any person has held office for a period exceeding five years, there shall be paid to him an additional pension of [[six hundred rupees] [Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.] per mensem for every year in excess of five years so, however, that, in no case the total amount of the additional pension together with the pension, to be so paid, shall exceed [fifteen thousand rupees] [Substituted vide O.A. No. 7 of 2007, O.G.E. No. 1484 dated 23.8.2007.] per mensem] ;Provided further that where any person has held office as a Member of Assembly twice for its duration as provided in clause (1) of article 172 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 Orissa Legislative Assembly Members' Salary, Allowances and Pension (Amendment) Act, [2007] [Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.] be entitled to a pension of [six thousand rupees] [Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.] per mensem;Explanation. - (i) The period for which a person has held office as a Member of the Assembly shall mean -(a)where such person is elected in General Election held for the purpose of constituting a new Assembly, the period beginning with the date of publication of the notification of the Election Commission under Section 73 of the Representation of the People Act, 1951; or(b)where such person is elected in a bye-election to the Assembly, the period beginning with the date of his election referred to in Section 67-A of the said Act; and ending with, in each case, the date on which his seat becomes vacant.(ii)in computing the aforesaid period, the period preceding the 26th day of January, 1950 for which a person has held such office, shall not be taken into account;(iii)[ where such person has held office for a part of the year exceeding six months, it shall be treated as one year for the purpose of calculation of pension.] [Inserted vide O.A. No. 7 of 2007, O.G.E. No. 1484 dated 23.8.2007.]
