Section 11 in Goa Salary, Allowances and Pension of Members of the Legislative Assembly Act, 2004
11. Pension.
(1)Subject to the other provisions of this Act, with effect from the 1st day of July, 2004, there shall be paid to every person who has been a member, a pension of [rupees eight thousand] [Substituted in place of words 'Rs. five thousand' by the Amendment Act 23 of 2009.] per mensem for the first year and [[one thousand and two hundred fifty rupees] [Substituted by the Amendment Act 3 of 2006 in place of words 'five hundred rupees per month for every succe' and this provisions came into force w.e.f. 15-3-2006 i.e. the Act assented by the Governor of Goa.] per month for every successive year of his membership in the Assembly subject to a maximum of [rupees fifty thousand] [Substituted by the Amendment Act 23 of 2009.] per month and while reckoning the period of one year, days exceeding 180 days in a calendar year shall be counted as one year:[Provided that, the amount payable as pension shall be increased from time to time, at the rate arrived after deduction of the rate of dearness allowance as was applicable on the first day of April, 2012, from the rate of dearness allowance as notified from time to time, in terms of the Sixth Central Pay CommissionÂ’s Recommendations.] [Inserted by Goa Act No. 12 of 2018, dated 4.9.2018.][Provided that the members of the First Legislative Assembly, the members nominated to the Second Legislative Assembly and the members of the Sixth Legislative Assembly elected from the constituencies of Daman and Diu, of the then Union Territory of Goa, Daman and Diu, and who have served as such members for a period which falls short of five years, shall be deemed to have completed a term of five years and be paid pension accordingly:Provided further that pension shall also be paid to the members nominated to the Sixth Legislative Assembly:Provided also that the said members of the Sixth Legislative Assembly elected from the constituencies of Daman and Diu shall not draw the pension as long as they serve as Councillors of the Union Territory of Daman and Diu.] [Inserted by the Amendment Act 3 of 2006 these provisions came into force w.e.f. 1-7-2004.][Provided also that] [Substituted by the Amendment Act 3 of 2006 these provisions came into force w.e.f. 1-7-2004.] after the death of the person as aforesaid, the pension shall be payable to his widow or her widower, as the case may be, as long as she or he does not remarry and after the death of the widow or widower, as the case may be, the pension shall be payable to the [dependent family members of the person as aforesaid till they attain the age of 25 years ] [Substituted by the Amendment Act 7 of 2008 and came into force w.e.f. 27-8-2007.] and to unmarried dependent daughter till she gets married or till her death, whichever is earlier, and such pension shall be payable subject to the provisions in, the succeeding sub-sections of this section and the other provisions of this Act.(2)The pension payable to a person under sub-section (1) in case there be any outstanding amount or loan or any facilities availed under this Act, it shall be first adjusted towards repayment of such outstanding amount or loan or any facility availed of, including interest payable thereon, till such entire outstanding amount or loan or facility is cleared.(3)Where any person entitled to pension under sub-section (1)-(i)is elected to the office of the President or Vice-President or 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 any Legislative Assembly of a State or Union Territory or any Legislative Council of a State; 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 by any State Government or any local authority or becomes otherwise entitled to any remuneration from such Government, Corporation or local authority, such person 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 whom the 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.(4)Where any person entitled to pension under sub-section (1) is also entitled to any pension from the Central Government or any State Government, or any corporation owned or controlled by the Central Government or any State Government, or any local authority under any law or otherwise, then,(a)where the amount of pension to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be entitled to any pension under that sub-section; and(b)where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub-section (1), such person shall be entitled to pension under that sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section:Provided that any pension (whether known as Swantantra Sainik Samman pension or by any other name) received by such pensioner as a freedom fighter or any pension received by such pensioner as a teacher in an aided educational institution shall not be taken into account for the purpose of this sub-section and such person shall be entitled to receive such pension in addition to the pension to which he is entitled under sub-section (1).(5)In computing the number of years for the purpose of sub-section (1), the period during which a person has served as a Minister as defined in the Goa Salaries and Allowances of Ministers Act, 1964 (Act 3 of 1965) or as a Speaker or Deputy Speaker as defined in the Goa Salaries and Allowances of the Speaker and Deputy Speaker Act, 1964 (Act 4 of 1965) shall also be taken into account.
