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State of Rajasthan - Section

Section 4B in The Rajasthan Legislative Assembly (Officers and Members Emoluments and Pension) Act, 1956

4B. [ Family pension. [Inserted by Rajasthan 14 of 1978.]

(1)Notwithstanding anything contained in section 4-A, but subject to such rules as may be prescribed, where [on or after 8th day of March, 1985], any member of the Legislative Assembly dies before the expiry of the term of his office, his or her spouse shall be paid family pension of [an amount per mensem equivalent to the salary which such member would have been entitled to had he been alive] [Substituted by Rajasthan 3 of 1989.] for the unexpired portion of the term of office of such deceased member:Provided that if the spouse of the deceased member re-marries, he or she shall not be paid any pension under this sub-section.
(2)Where more than one wife has survived the deceased member the amount of family pension payable under sub-section (1) shall be paid to such wives in equal shares.
(3)Where no spouse has survived the member, or the surviving spouse has remarried, the family pension under sub-section (1) shall be paid in equal shares to the members of the family of the deceased member.Explanation. - the expression "family" means the sons and unmarried daughters and such parents of the deceased member as were wholly or mainly dependent on him or her at the time of his or her death.][4-C. Family pension to the spouse of the Ex-member. [Substituted by Rajasthan Notification F2(22) vidhi 2/2010 dated, 29.4.2010.]
(1)The spouse of a deceased Ex-member shall be entitled with effect from [1st April 2017] or with effect from the date of death of such member, whichever is later, to receive per mensem [a family pension equal to rupees twelve thousand five hundred] [Substituted 'a family pension equal to rupees to six thousand two hundred twenty five' by Rajasthan Act No. 26 of 2017, dated 18.5.2017.] or equal to fifty percent of the last drawn pension by such member, whichever is higher :[***] [Deleted 'Proviso' by Rajasthan Act No. 25 of 2018, dated 1.10.2018.]
Provided that—(i) If the person entitled to a family pension under this section is in receipt of any salary or pension from any other source, then,(a) where the amount of salary or pension being received from other source is equal to or more than the family pension receivable under this section, such person shall not be entitled to any pension under this section; and(b) where the amount of salary or pension being received from other source is less than the amount of family pension receivable under this section, such person shall be entitled to receive family pension under this section in addition to such salary or pension form other source subject, however, that the aggregate of both the family pension under this section and the salary or pension from other source shall not exceed the maximum amount payable under this section as family pension.(ii) If the spouse of such member remarries, he or she shall not be paid any pension under this section; and(iii) Where more than one wife has survived such member, the amount of family pension payable under this section shall be paid to such wives in equal shares.
Explanation I. – For the purpose of this section ‘last drawn pension’ in respect of a member of the Legislative Assembly who had died or resigned before the expiry of his term of his office shall be the amount to which such member would have been entitled under section 4-A on the day immediately following the day of his death or, as the day case may be, resignation, and in respect of an Ex-member who did not draw pension before his death. Shall be the amount to which such member would have been entitled under section 4-A on the day immediately following the day of expiry of his last term of office.Explanation II. - In computing the amount of pension payable to any person under this section, the amount of pension received by him under the Rajasthan freedom Fighters Aid Rules, 1959 or under any other rules made on the same subject shall not be taken into account ; and
(2)With effect from 1st April, 2012 every person entitled to family pension under this section, subject to rules, if any, made in this behalf by the State Government, shall be entitled to reimbursement of any expenditure on account of medical treatment equivalent to that permissible to the retired officers of class I services of the State Government.]