Section 4B in The Orissa Legislative Assembly Members' Salary, Allowances and Pension Act, 1954
4B. [ [Substituted vide O.A. No. 4 of 2003, O.G.E. No. 163 dated 1.2.2003.]
(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.](2)Where any person entitled to pension under Sub-section (1) -(i)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 of any Legislative Assembly; 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 under any local authority or becomes otherwise entitled to any remuneration from such Government, Corporation or local authority;such persons 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 that 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 entitled to any other pension, such person shall be entitled to receive the pension under Sub-section (1) in addition to such other pension; and(4)In computing the number of years for the purpose of Sub-section (1), the period during which a person has served as Minister or Speaker or Deputy Speaker as defined in the Orissa Ministers, Salaries and Allowances Act, 1952 or the Orissa Legislative Assembly Speaker's Salary and Allowances Act, 1960 or the Orissa Deputy Speaker's Salary and Allowances Act, 1959 respectively by virtue of his membership in the Assembly shall also be taken into account.(5)(a)In the event of the death of member who was eligible for pension or already in receipt of pension under Sub-section (1), his/her spouse shall be entitled to receive as family pension a sum equivalent to such pension till his/her death or remarriage whichever is earlier.(b)in the event of the death of member while continuing in office as such, whose spouse is not entitled to receive family pension under clause (a) his/her spouse shall be entitled to receive as family pension till his/her death or remarriage, whichever is earlier, a sum equivalent to an amount which the member would have received had he held office for a period of one year as member :Provided that the conditions laid down in Sub-sections (2) and (3) shall mutatis mutandis apply to holders of family pension.
