Section 5 in Maharashtra Legislature Members' Pension Act, 1976
5. [ Power to make rules and orders. - (1) (a) For the purpose of making rules or orders under this section, there shall be constituted-a Joint Committee of both Houses of the State Legislature consisting of five members from the Maharashtra Legislative Council nominated by the Chairman of the Council and ten members from the Maharashtra Legislative Assembly nominated by the Speaker [of the Assembly and the Finance Minister shall be its ex-officio member and Chairman.] [Section 5 was substituted for the original by Maharashtra 15 of 1977, section 2.]
(b)The joint Committee constituted under clause (a) [* * *] [The words 'shall elect its Chairman' were deleted by Maharashtra 72 of 1981, section 9(b).] and shall have power to regulate its procedure.(c)A member of the Joint Committee [other than the Finance Minister] [These words were inserted, by Maharashtra 72 of 1981, section 9(c).], shall hold office as such member for one year from the date of his nomination and any casual vacancy in the Joint Committee may be filled by nomination by the Chairman or the Speaker, as the case may be.(2)(a)The Joint Committee constituted under sub-section (1) may, in consultation with the State Government, make rules or orders for carrying out the purposes of this Act.(b)In particular and without prejudice to the generality of the foregoing power, such rules or orders may provide for all or any of the following matters, namely:-(i)the form in which and the authority to which an application for pension; shall be made;(ii)the certificates to be furnished along with an application for pension;(iii)the declaration to be made at the time of drawing person;(iv)any other matter necessary for proper implementation and enforcement of this Act.(3)All rules or orders made under sub-section (2) shall not take effect until they are approved and confirmed by the Chairman of the Council and the Speaker of the Assembly and are published in the Official Gazette. Such publication of the rules or orders shall be conclusive proof that they have been duly made.(4)Any rules or orders under this section may be made so as to be retrospective to any date not earlier than the date of commencement of this Act.(5)All rules or orders made under this section shall have effect as if enacted in this Act.]
