State of Tamilnadu- Act
Tamil Nadu Legislator's Pension Rules, 1977
TAMILNADU
India
India
Tamil Nadu Legislator's Pension Rules, 1977
Rule TAMIL-NADU-LEGISLATOR-S-PENSION-RULES-1977 of 1977
- Published on 31 January 1977
- Commenced on 31 January 1977
- [This is the version of this document from 31 January 1977.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definition.
- In these rules, unless the context otherwise require, -3. Sanctioning authority.
- The Secretary shall be the authority competent to sanction pension to the persons entitled under the Act.4. [ Application. [Vide G.O. Ms. No. 1900, Public (Establishment-I), dated the 18th August 1980.]
- The application for the grant of pension under these rules shall be made to the Secretary in Form I. The application shall be accompanied by three copies of the passport size photograph of the person and four copies of his specimen signature duly attested by a person authorised by the Bank in which his pension is to be credited or by an Officer of any State or the Central Government having a seal of Office. For revival or revision of pension, the person shall send an application to the Secretary:Provided that all applications for grant, revival or revision of pension shall be made within a period of one year from the date of eligibility. If any application is received after the said period, sanction shall take effect only from the month in which the application is made:[Provided further that if the Secretary is satisfied that there are good and sufficient reasons for not making the application for the grant, revival or revision of pension in time, he may order that the sanction shall take effect on and from the date of eligibility:]Provided also that the period of limitation for arrear claims of pension shall be three years from the date on which the amount claimed first becomes due for payment. Such payment shall be made only after investigation and after effecting a cut of fifteen per cent.[Explanation. - The application shall be sent to the Secretary. In case, a pensioner is re-elected or nominated to the Assembly or Parliament or any State Legislature, the pension shall be suspended and it shall be revived or revised, as the case may be, on the basis of the total duration of membership, on his ceasing to be a Member, by the Secretary.] [Vide G.O. Ms. No. 484, Public (Establishment-I and Legislature), dated the 22nd April 1992.]]5. Sanction of pension.
- On receipt of the application for grant, revival or revision of pension and on being satisfied about the eligibility of the applicant for the pension in accordance with section 12-B of the Act, the Secretary shall make an order in Form II or Form III, for sanctioning, reviving or revising the pension, as the case may be, and communicate the order to the person concerned and to the Accountant-General, Chennai, for purposes of audit.Explanation. - For purposes of calculating the total period of membership, a month shall be reckoned as a calendar month or thirty days.5A. Suspension of pension.
- If the payment of pension is suspended under the Act, the Secretary shall communicate an order to that effect in Form IV to the pensioner and to the Accountant-General, Chennai.6. Claim and payment of pension.
- Pension shall be claimed by the Authorised Officer without any claim being preferred by the pensioner, in Form V by about the 25th of every month and credited to the accounts of the pensioner in the Bank in the month subsequent to the month to which it relates. The Bank shall furnish a receipt for the amount received by means of cheque:[Provided that if any pensioner desires to contribute whole or any part of the pension, in writing to a Fund sponsored by the State, or the Central Government, the pension shall be claimed by the Authorised Officer and the amount of such contribution shall be credited to that Fund.] [Vide G.O. Ms. No. 1435, Public (Establishment-I), dated the 5th September 1988.]6A. Indemnity bond by the bank.
- The Bank shall execute an indemnity bond in favour of the Governor of Tamil Nadu to indemnify the Government from and against any loss or damage suffered or incurred for crediting the pension to a wrong account or after the demise of a pensioner.6B. Declaration by pensioner.
- Every pensioner shall furnish a declaration and a [Verification Certificate] [Vide G.O. Ms.No. 759, Public (Establishment-I and Legislature), dated the 19th August 1994.] obtained from the Bank in which he is having the account or from an Officer of any State, or the Central Government having a seal of office in Form VI to the Secretary direct, or through the Bank in which his pension is credited, on or before the 31st March of every year. If such a declaration and a verification certificate are not furnished within a period of one year calculated from the first day of April every year, subsequent payment of pension shall take effect only from the month of receipt of such declaration and verification certificate.7. Change of address.
- It shall be the duty of the pensioner to intimate the change, if any, of his residence lasting for more than three months, to the Secretary.8. Date of Payment of pension.
- The pension sanctioned under these rules shall be payable from the date specified in the order and shall not be commuted for lump sum. The pension shall become due for payment only on expiry of the month to which it relates.9. Death of pensioner.
- In the event of the death of the pensioner, the amount of pension due till the date of his death, including unpaid arrears, shall be paid to his legal heir.9A. [ Family pension. [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
7. [ Where a deceased member/pensioner leaves behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) of sub-rule (5) and after the expiry of that period, the next child shall become eligible for the grant of family pension.] [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
8. [ Where family pension is granted under this rule to a minor, it shall be payable to the guardian of the minor.] [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]] [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
9B. [ Sanction of family pension. [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
- On receipt of the application for grant, revival or revision of family pension and on being satisfied about the eligibility of the applicant for the family pension, the Secretary shall issue an order in Form X or Form XI, for sanctioning, reviving or revising the pension as the case may be, and communicate the order to the person concerned and to the Accountant-General, Chennai-18 for purpose of audit.] [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]9C. [ Suspension of family pension. [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
- If the payment of family pension is suspended under the Act, the Secretary shall communicate an order to that effect in Form XII to the pensioner and to the Accountant-General, Chennai-18.]9D. [ Claim and payment of family pension. [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
- Family pension shall be claimed by the Authorised Officer without any claim being preferred by the family pensioner in Form XIII by the 25th of every month and credited to the accounts of the family pensioner in the Bank of the month subsequent to the month to which it relates. The Bank shall furnish a receipt for the amount received by means of cheque.]9E. [ Declaration by family pensioner. [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
- Every family pensioner, shall furnish a life certificate from the Bank in which he/she is having the account or from an Officer of any State or the Central Government having a seal of Office in Form XIV to the Secretary direct, or through the Bank in which his/her pension is credited, or before the 31st March of every year if such a life certificate is not furnished within a period of one year calculated from the first day of April every year, subsequent payment of family pension shall take effect only from the month of receipt of such life certificate.]10. Mistake in the calculation of the pension period.
- A pension sanctioned to any person under these rules is liable to be cancelled or modified if it is found that there has been any error in the valuation of the period of his eligibility for the grant of pension.11. Over-payment or irregular payments, etc.
- If any over payments are made, the amounts so over paid shall be adjusted in the subsequent payment or recovered under the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), an if any irregular payments are made, such payments shall also be adjusted or recovered, as the case may be, in the same manner.12. [ Recovery of dues, if any. [Vide G.O. Ms.No. 1900, Public (Establishment-I), dated the 18th August 1980.]
- Dues, if any, towards arrears of Legislators Hostel Rent, Guest charges, Trunk-call and Phonogram charges, loss of Library Books or any other dues to the [Legislative Assembly] Secretariat or to the Legislative Council Secretariat and dues to the Government of Tamil Nadu payable in the capacity as a Member of the House, from the pensioner, shall be recovered from the pension payable to him.]12A. Relinquishment and cancellation of pension.
- Any pensioner may, at any time, relinquish the whole or any portion of the pension payable to him under the Act and the relinquishment so made may be cancelled by him. Every relinquishment or cancellation thereof shall be made in writing and shall take effect from the first day of the month subsequent to the month in which it is made.12B. [ Claims of former Members of the Council. [Vide G.O. Ms. No. 1900, Public (Establishment-I), dated the 18th August 1980.]
- These rules shall apply Mutatis Mutandis in respect of former Members of the Council.]13. Decision of the Secretary is final.
- The decision of the Secretary on all matters covered by these rules shall be final.Annexure[Form-I] [Vide G. O. Ms. No. 1900, Public (Establishment-I), dated the 18th August 1980.](See rule 4)Tamil Nadu Legislator's PensionForm of Application for The Grant of Pension to [Former Legislators] [Vide G. O. Ms. No. 484, Public (Establishment-I and Legislature), dated the 22nd April 1992.]| 1. | Name of the applicant (in block letters), | : |
| 2. | Father's name (Husband name in the case of married womanapplicant), | : |
| 3. | Permanent residential address showing village or town anddistrict, | : |
| 4. | Particulars of the period during which the applicant was aMember of the Legislature after he 15th day of August 1947, | : |
| From | To | Name of the Constituency (which now forms partof the State of Tamil Nadu) |
| From | To | Name of the Constituency (which now forms partof the State of Tamil Nadu) |
| From | To | Name of the Constituency |
| (1) | ||
| (2) | ||
| (3) | ||
| (4) |
| From | To | Name of the Constituency | ||
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. | ||||
| 5. | The House (Assembly or Council) in which he wasa Member last | Assembly/ Council | From | To |
| 6. | Identification marks | (1) | ||
| (2) | ||||
| 7. | Whether three copies of the photographs areenclosed. | |||
| 8. | Whether four specimen signatures duly attestedare enclosed. | |||
| 9. [] [Vide G.O. Ms. No. 1900, Public (Establishment-I), dated the 18th August 1980.] | The name of the Nationalised Bank in which theapplicant desires to have the pension to be credited (the nameof the Bank, place and account number should be clearlyspecified.) | |||
| 10. [] [Vide G.O. Ms. No. 2235, Public (Establishment-I), dated the 15th December 1980.] | Whether theapplicant is in receipt of Salary/emoluments from LokSabha/Rajya Sabha /any State Legislature as a member, and ifso, indicate -(a) the nature ofmembership and the amount of salary/emoluments;(b) the date fromwhich salary/ emoluments is received.(ii) Whether the applicant is in receipt ofSalary/emolument/honorarium from any State or the CentralGovernment or from any company or statutory body owned orcontrolled by any State or the Central Government and if so,indicate - | |||
| (a) the name of thepost and office;(b) the amount ofsalary/emoluments/honorarium;(c) the date fromwhich the salary/emoluments/honorarium is received.(iii) Whether the applicant is in receipt of pension for havingbeen a member of Lok Sabha/Rajya Sabha/any State Legislatureand if so, indicate -(a) the nature of pension and the amount;(b) the date form which pension is received.(iv) Whether the applicant is in receipt of any pension fromany State or the Central Government or from any Company orStatutory Body owned or controlled by any State or CentralGovernment, and if so, indicate -(a) the nature of pension and the amount;(b) the date fromwhich pension is received. |
2. The above said Pensioner was a member of the Tamil Nadu Legislative Assembly/Council from ........... to................(Total number of completed years should be specified).
3. The identification marks of the pensioner are:
4. The pension hereby sanctioned should be credited to his account in..............
5. The expenditure is debitable to...............
6. This order is liable for cancellation or modification under Rule 10 of the said rules.
Secretary,[legislative Assembly] [Vide G.O. Ms. No. 484, Public (Establishment-I and Legislature), dated the 22nd April 1992.]Secretariat.ToThiru/Thirumathi/Selvi...........Address...........Copy to:The Accountant-General, Chennai-18.[Form-III] [Vide G.O. Ms. No. 1900, Public (Establishment-I), dated the 18th August 1980.](See rule 5)Revival/revision of Legislators Pension OrderAbstract: Legislator's Pensions-Revival/ Revision of.Reference: 1. L.P.P.O.No...............dated..............2. Suspension Order No..........dated..........
3. Application, dated...........from Thiru/Thirumathi/Selvi
Order:The suspension order cited is hereby cancelled with effect from.........Under section 12-B of the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951), the sanction is accorded to Thiru/Thirumathi/Selvi........... for............ the.............payment of Legislators Pension at...........Rs............ per mensem in the L.P.P.O. cited is hereby revived with effect from consequent on............Under section 12-B of the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951) and in partial modification of the L.P.P.O. cited, sanction is hereby accorded for payment of pension of Rs........... to Thiru/Thirumathi/Selvi...........with effect from..........The above said pensioner was a Member, of the Tamil Nadu Legislative Assembly/Council from........... to.............. (Total number of completed years should be specified).ToThiru/Tmt./Selvi........,Address...............Secretary,[legislative Assembly] [Vide G.O. Ms.No. 484, Public (Establishment-I and Legislature), dated the 22nd April 1992.] Secretariat.Copy toThe Accountant General, Chennai.[Form-IV] [Vide G.O. Ms. No. 1900, Public (Establishment-I) dated the 18th August 1980.](See rule 5-A)Suspension of Legislators Pension OrderDated........:Order No........Subject:...............Reference:..............Under the proviso to section 12-B of the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951), the pension sanctioned to Thiru/Thirumathi/Selvi............ in L.P.P.O. No............ dated is hereby suspended with effect from consequent onSecretary,[Legislative Assembly] [Vide G.O. Ms.No. 484, Public (Establishment-I and Legislature), dated the 22nd April 1992.] Secretariat.ToThiru / Thirumathi / Selvi............Address................Copy toThe Accountant-General, Chennai-18.[Form V] [Vide G.O. Ms.No. 1900, Public (Establishment-I), dated the 18th August 1980.](See rule 6)[Legislator's pension bill] [Vide G.O. Ms.No. 484, Public (Establishment-I and Legislature), dated the 22nd April 1992.]Head of Account........Month of.......... year........| Number of Pensioners | Gross Amount | Voucher No. | Name of Bank | Total deductions | Net |
| (1) | (2) | (3) | (4) | (5) | (6) |
| (Vide Schedule attached). |
| Serial Number | L.P.P.O. number | Name and address of the pensioners | Account number |
| (1) | (2) | (3) | (4) |
| Name of the Bank and address | Gross amount | Deductions | Net amount |
| (5) | (6) | (7) | (8) |
| Rs.P. | Rs.P. | Rs.P. | |
| SI. No. | Name and address | Relationship | Date of birth* | Age |
| (1) | (2) | (3) | (4) | (5) |
1. Signature and Date:...........
Name:.................Post:.................2. Signature and Date:............
Name:.................Post:.................* Either copy of Birth Certificate or S.S.L.C. Certificate shall be furnished.Form VIII(See rule 9-A)Form of Application For Grant of Legislators Family Pension(To be submitted in duplicate with enclosures)FromThiru /Tmt. / Selvi.............widow / son/ daughter of late Shri..........ToThe Secretary,Tamil Nadu Legislative Assembly Secretariat,Secretariat, Chennai-600 009 (w/e).Sir,Subject: Sanction of Legislator's Family Pension under the Tamil Nadu Payment of Salaries Act, 1961In terms of sub-section (2-B) of section 12-B of the Tamil Nadu payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951), I am entitled to Legislator's family pension as the widow/widower/son/unmarried daughter/father/mother .................. and hereby for grant of family pension. The relevant particulars are enclosed herewith.Yours faithfully,Specimen Signature Slip| FamilyPension Payment | Family Pensioner's Name Order No. |
| Specimen Signature of............... | |
| 1................... | |
| 2.................. | |
| 3................... | |
| 4.................. |
| 1. | Name of the Applicant (in Block Letters),: | : |
| 2. | Husband's/Father's Name | : |
| 3. | Date of Birth | : |
| 4. | Date of Death of Pensioner/Member | : |
| 5. | Amount of pension drawn by the Pensioner | : |
| Amount of Pension entitled to the Member | : | |
| 6. | Permanent address of Applicant | : |
| 7. | Name of the Nationalised Bank in which the applicant desiresto have the Pension to be credited (the name of the bank, placeand account number should be clearly mentioned) | : |
| 8. | Identification Marks | : (i)....... |
| : (ii)...... | ||
| 9. | Whether three copies of the Passport size Photos are enclosed(one should be pasted in the form) | : |
| 10. | Whether four specimen signatures duly attested are enclosed | : |