Section 2(2) in Maharashtra Legislature Members' Pension Act, 1976
(2)"term of office", in relation to a member of the State Legislature, means the period beginning with the date of publication of the notification of his election or nomination as a member and ending with the date on which his seat becomes vacant.Explanation I,- Where a general election to the Assembly is held and election does not take place in any constituency for any reason and a member is elected in that constituency at the election held subsequently, in this case the term of office shall be deemed to have begun on the date on which the results of the general election in other constituencies are published in the Official Gazette.Explanation II.- Where any member of the State legislature had resigned his seat for any cause or causes approved by the State Government in this behalf by notification in the Official Gazette, then for the purpose of calculating his term of office, the period during which he would have continued to be a member, but for his resignation, shall be taken into consideration and he shall be deemed to have served as a member for that period also:Provided that, the maximum period which shall be taken into consideration accordingly shall not exceed six months in the case of any member:[Provided further that, resignation by a member of his seat in support of the agitation for formation of the unilingual State of Maharashtra, shall be deemed to be for a cause approved for the purposes of this Explanation, and notwithstanding anything contained in the first proviso, in the case of a member who has resigned his seat for such cause, the period during which such member would have continued to be a member, but for his resignation, shall be taken into consideration while calculating the term of office of such member and he shall be deemed to have served as a member for that period also.] [This proviso was added and shall be deemed to have been added with effect from 19-7-1987 by Maharashtra 3 of 1989, section 2(a).][Explanation III.- Where any Assembly is dissolved earlier, but not earlier than six months prior to the date on which its duration would have expired under the provisions of clause (1) of article 172 of the Constitution of India, then for the purpose of calculating the term of office of any member thereof, the period during which he would have continued to be a member of the Assembly if it had not been dissolved earlier, shall be taken into consideration, and he shall be deemed to have served as a member for that period also.[Provided that, notwithstanding anything contained in this Explanation, in the case of a sitting member on the 17th day of February 1980, being the date on which the Maharashtra Legislative Assembly was dissolved, the period during which such member would have continued to be a member of the Assembly, if it had not been so dissolved, shall be taken into consideration while calculating the term of office of such member, and shall be deemed to have served as a member for that period also.] [This Explanations III and IV were added by Maharashtra 53 of 1977, section 2(b).][Provided further that, notwithstanding anything contained in this Explanation, in the case of a sitting member on the 15th day of July 1999, being the date on which the Maharashtra Legislative Assembly was dissolved, the period during which such member would have continued to be a member of the Assembly, if it was not so dissolved, shall be taken into consideration while calculating the term of office of such member, and he shall be deemed to have served as a member for that period also.] [Proviso added by Maharashtra 15 of 2000, section 2, (w.e.f. 11.1.2000).]Explanation IV.- Where the term of office of any member of the Bombay Legislative Council referred to in paragraphs (c) and (d) of clause (1) was curtailed under section 156 of the Representation of the People Act, 1951, and he was made to retire before the expiry of his normal term of office, then the period during which he served as such member shall, notwithstanding anything contained in section 3 of this Act be taken into consideration, and he shall be paid a pension of For the words 'one hundred' the words 'two hundred' were substituted with effect from 1st June 1990, and [three hundred rupees] [for the words 'two hundred' as so substituted, these words were substituted with effect from 1st August 1993, by Maharashtra 22 of 1996, section 2.] per month for every period of one complete year he served as such member].
