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Section 3: Power to make rules

The Kerala Payment of Pension to Members of Legislature Act, 1976State Act of Kerala · Act 46 of 1976

(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—

(a) the form in which and the authority to which application for pension shall be made;

(b) the certificates to be furnished along with an application for pension;

(c) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

22 Substituted by Act 12 of 1994.

23 Inserted by Act 26 of 2008.

24 Substituted by Act 9 of 2018.

6 25[SCHEDULE [See Section 2(1)] Rate of Pension Period Rate of Pension per mensem (₹) For any period below two years 8,000 For two years in the aggregate 8,000 For three years in the aggregate 12,000 For four years in the aggregate 16,000 For five years in the aggregate 20,000

Provided that where any person has served as a member as stated in sub-section

(1) of section 2 for a period exceeding five years, there shall be paid to him an additional pension of one thousand rupees per mensem for every year in excess of five years:

Provided further that in calculating the net qualifying period for pension, fraction of half year and above shall be rounded to the next completed year:

Provided also that the Ex-members may be paid an additional pension of rupees three thousand per mensem on completion of seventy years of age, rupees three thousand and five hundred per mensem on completion of eighty years of age:

Provided also that the maximum pension to which a member is eligible under this Act shall not, in the aggregate, exceed rupees fifty thousand per mensem.]

____ 25 Substituted by Act 9 of 2018.

Where this provision sits

ActThe Kerala Payment of Pension to Members of Legislature Act, 1976
Section3
Marginal notePower to make rules
JurisdictionState of Kerala
StatusIn force as published by the source

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