Section 11A in The Karnataka Legislature Salaries, Pensions And Allowances Act, 1956
11A. Pension to the members etc.
- [(1) With effect from the date of commencement of [the Karnataka Legislature Salaries, Pensions and Allowances (Amendment) Act, 2009] [Substituted by Act 24 of 2005 w.e.f. 24.8.2005] there shall be paid to every person who has served for a period of five years as,-(i)a member of the Legislative Council; or(ii)a member of the Legislative Assembly; or(iii)partly as a member of the Legislative Assembly and partly as a member of the Legislative Council,a pension at the rate of [[forty thousand] [Substituted by Act 18 of 2015 w.e.f. 30.04.2015] rupees] per mensum for the remainder of his life:[[XXX] [Omitted by Act 18 of 2015 w.e.f. 30.04.2015]]Provided further that service as such member for a part of the year exceeding six months shall be treated as a full year for the purpose of calculating additional pension:Provided also that where a member 10[elected for the first time]10 has been prevented from serving as such for five years on account of dissolution of the Legislative Assembly, he shall be deemed to have served as member for five years:Provided also that a person who was a member of the first Legislative Council and whose term was terminated by lots drawn before he could serve the full term of six years, shall be deemed, irrespective of the period for which he held office, to have served as member for five years:Provided also that where a person is declared as elected by a court in an election petition and was not able to serve as a member during the pendency of the election petition, shall be deemed, irrespective of the period of actual service, to have served as a member for five years:[["Provided also that where the election of a person is set aside by the Court in an election petition due to technical reasons not attributed to such person and for this reason was not able to serve as a member during the period of five years, shall be deemed irrespective of the period of actual service, to have served as a member for five years.Explanation. - For the purpose of this proviso technical reason means inclusion of certain voters in the voter list after the issue of notification of election by the Election Commission of India] [deemed to have been substituted by Act, 8 of 2014. with effect from 1st August, 1990]]Provided also that where a person is declared as elected in a bye-election or is nominated as a member in the middle of a term and was not able to serve the full term, he shall be deemed, irrespective of the period of actual service, to have served as a member for five years:Provided also that where a member resigns [XXX] [Omitted by Act 6 of 2011 w.e.f. 05.02.2011], he shall be deemed to have served as member for five years.[Provided also that where any person has served for more than five years there shall be paid to him an additional pension at the rate of rupees one thousand per mensem for every subsequent completed year.] [Inserted by Act 18 of 2015 w.e.f. 30.04.2015]Explanation. - For the purpose of this sub-section, a member of the Legislative Assembly or the Legislative Council includes,-(1)a person who prior to the 1st day of November 1956 represented any of the areas which with effect on and from the said date have become part of the new State of Karnataka, as a member of the Legislative Assembly or the Legislative Council of the State of which the said areas were part:Provided that in the case of a nominated member of the Legislative Assembly or the Legislative Council he shall be eligible for the pension if during his membership of the Legislative Assembly or the Legislative Council, he permanently resided in any area which forms part of the State of Karnataka.(2)a person who was a member of the following (before the first day of January, 1952) namely:-(a)The Constituent Assembly;(b)The Mysore Representative Assembly;(c)The Mysore Legislative Assembly;(d)The Legislative Assembly or the Legislative Council of any State (including an Indian State) or Province,Which or any area of which now forms part of the State of Karnataka.Provided that no such pension shall be paid to a person unless,-(i)in the case of a person who served as a member representing a territorial Constituency, he represented; and(ii)in the case of any other member, he permanently resided during such membership in, any area which now forms part of the State of Karnataka]Provided that in the case of a nominated member of the Legislative Assembly or the Legislative Council he shall be eligible for the pension if during his membership of the Legislative Assembly or the Legislative Council, he permanently resided in any area which forms part of the State of Karnataka.] [deemed to have been substituted by Act, 8 of 2014. with effect from 24th August, 2005[][(1A X X X)] [Deemed to have been omitted by Act 16 of 2009 w.e.f. 24.8.2005](2)Where any person entitled to pension under sub-section (1),-(i)is elected to the Office of the President or Vice-President of India or is appointed to the office of the Governor of any State or the Administrator of any Union territory; or(ii)is appointed or elected to the office of a Minister, a Minister of State, a Deputy Minister, a Chairman, Speaker, a Deputy Chairman, a Deputy Speaker, a Leader of the Opposition [,a Government Chief Whip or a Opposition Chief Whip] [Deemed to have been Substituted by Act 16 of 2009 w.e.f.1.1.2009],(iii)becomes a Member of the Council of State, or the House of the People or the Legislative Assembly of a State or Union Territory or any Legislative Council of a State; or(iv)is employed on a salary in any State Government or Central Government or any Corporation owned or controlled by any State Government or the Central 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 where the remuneration referred to in clause (iv) payable to such person is in either case less than the pension payable to him under sub-section (1), such person shall be entitled to receive only the balance as pension under that sub-section.(3)[ x x x] [Omitted by Act 16 of 1987 w.e.f. 1.4.1987](4)In computing the number of years, for the purpose of sub-section (1), the period during which a person has served in any one or more of the following capacities namely, a Minister, a Minister of State, a Deputy Minister, a Parliamentary Secretary, the Chairman, the Speaker, a Leader of the Opposition [,a Government Chief Whip or a Opposition Chief Whip] [Deemed to have been Substituted by Act 16 of 2009 w.e.f.1.1.2009] by virtue of his membership of the Legislative Assembly or the Legislative Council, shall also be taken into account.(5)Every member entitled to pension under [xxx] [Omitted by Act 24 of 2005 w.e.f. 24.8.2005] sub-section (1),-(i)shall be provided with one [non transferable pass for him and his companion which shall entitle them] [Substituted by Act 19 of 1997 w.e.f. 1.9.997] at any time to travel by road transport services of the Karnataka State Road Transport Corporation [from the ordinary place of residence of such member] [Substituted by Act 19 of 1997 w.e.f. 1.9.997] in Karnataka [to any place in the State of Karnataka or outside the State] [Substituted by Act 24 of 2005 w.e.f. 24.8.2005] and back [x x x] [Omitted by Act 4 of 1997 w.e.f. 12.12.1996] in such class of accommodation therein as may be prescribed;[[[(ii) shall for every financial year be entitled to receive in such manner and subject to such conditions, as may be prescribed, a sum of rupees one lakh per annum payable in two equal installments in the months of April and October for the purpose of travelling either single or with a companion in one or more journeys by air or by railway in India..] [Substituted by Act 8 of 2013 w.e.f. 17.01.2013] ]]
