[ 57 ]

GOVERNMENT OF PUDUCHERRY

LEGISLATIVE ASSEMBLY SECRETARIAT

No. 1462/2013-LA(Legn.).

Puducherry, the 25th March 2013.

Under rule 140 of Rules of Procedure and Conduct of Business

of the Puducherry Legislative Assembly, the following Bill viz.,

“The Salary, Allowances and Pension of Members of the

Legislative Assembly (Puducherry) Amendment Bill, 2013

(Bill No. 3 of 2013)”

which was introduced in the Legislative Assembly on March 25, 2013

is published for general information.

Registered with the Registrar

of Newspapers for India under

No. M. 8270

Registered No.

TN/PMG(CCR)/42/2012-14

WPP No. 88(556)

Dated : 25-3-2013

Price : ` 2-00

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PART - II

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No.

11 Poudouchéry

Lundi

25

Mars

2013

No.

Puducherry

Monday

25th

March

2013

(4 Chaitra 1935)

LA GAZETTE DE L'ETAT

[PART–II

58

THE SALARY, ALLOWANCES AND PENSION OF

MEMBERS OF THE LEGISLATIVE ASSEMBLY

(PUDUCHERRY) AMENDMENT BILL, 2013

(Bill No. 3 of 2013)

A

BILL

further to amend the Salary, Allowances and Pension

of Members of the Legislative Assembly

(Puducherry) Act, 1964.

BE it enacted by the Legislative Assembly of

Puducherry in the Sixty-fourth Year of the Republic

of India as follows :—

1. (1) This Act may be called the Salary,

Allowances and Pension of Members of the

Legislative Assembly (Puducherry) Amendment

Act, 2013.

(2) It shall be deemed to have come into

force on the 9th day of February, 2007.

2. In the Salary, Allowances and Pension of

Members of the Legislative Assembly (Puducherry)

Act, 1964, in section 10,—

(a) after sub-section (1), the following

sub-section shall be inserted, namely:-

“(1A) 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

Short title and

commencement.

Act

No.16

of

1964.

Amendment

of section 10.

59

PART–II]

LA GAZETTE DE L'ETAT

(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 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 where 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.”;

(b) after sub-section (3), the following

sub-section shall be added, namely:—

“(4) The family pension payable under

sub-section (3) shall also be payable to the

family of a person who was a Member and

died at any time before the 9th day of

February, 2007 :

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60

Provided that no such family pension shall be

payable if the person entitled is a sitting Member

of the Parliament or Legislative Assembly of a State

or Union Territory or is drawing pension as ex-MP

or MLA or as retired official from Central / State /

Union territory Government:

Provided further that no person shall be

entitled to claim arrears of any family pension

under this sub-section in respect of a period before

the 9th day of February, 2007.”.

————

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PART–II]

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STATEMENT OF OBJECTS AND REASONS

The Salary, Allowances and Pension of Members of Legislative

Assembly (Puducherry) Act, 1964 was amended on 6th June 2010 by

Act No. 6 of 2010, by which the quantum of salary, allowances and

pension of Members and former Members of Puducherry Legislative

Assembly was revised with effect from 9-2-2007, at par with the

rates prevailing in the adjacent State of Tamil Nadu. In the case of

Tamil Nadu, where a former member expired either before or after

1st day of April 1999 (the date on which family pension was introduced)

his family is entitled to family pension of ` 5,000 per mensum.

At the time of amendment in June 2010 this provision in the Tamil

Nadu Act was overlooked and was not incorporated in Puducherry Act.

Based on the requests received for extending similar benefits in

Puducherry, it is proposed to extend the family pension to the family

of former members who died prior to 9-2-2007 also, with the

condition that the pecuniary benefits will accrue with effect from

9-2-2007 only.

The Bill seeks to achieve the above object.

N. RANGASAMY,

Chief Minister.

————

FINANCIAL MEMORANDUM

The proposed provision for giving family pension to the family

of former Members who died prior to 9-2-2007 would involve a

recurring expenditure of ` 13.80 lakh (Rupees thirteen lakh and eighty

thousand only) per annum approximately from the Consolidated Fund.

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62

ADMINISTRATOR’S RECOMMENDATION

UNDER SUB-SECTIONS (1) AND (3) OF SECTION 23 OF

THE GOVERNMENT OF UNION TERRITORIES ACT, 1963

(A copy of Letter No. 003/CM/Secy./2013, dated 18-3-2013

from Thiru N. Rangasamy, Hon’ble Chief Minister to the

Hon’ble Speaker, Legislative Assembly, Puducherry).

The Lieutenant-Governor, Puducherry having been informed of the

subject matter of the proposed Salary, Allowances and Pension of

Members of the Legislative Assembly (Puducherry) Amendment Bill, 2013

providing for family pension with effect from 9-2-2007 to the family of

deceased ex-MLAs who died at any time prior to 9-2-2007 on par with

their counterparts in the State of Tamil Nadu, recommends under

sub-sections (1) and (3) of section 23 of the Government of Union

Territories Act, 1963, the introduction in and consideration by the

Legislative Assembly of the said Bill.

R. ANBAJAGANE,

Secretary,

Legislative Assembly Secretariat.

————

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.