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Section 5: Power to make rules or orders

THE MAHARASHTRA LEGISLATURE MEMBERS' PENSION ACT, 1976 (Text as On 1st November 2021)State Act of Maharashtra · Act 1 of 1977

(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 5[of the Assembly and the Finance Minister shall be its ex-officio member and Chairman].

(b) The Joint Committee constituted under clause (a) 6[* * *] shall have power to regulate its procedure.

(c) A member of Joint Committee 7[ other than the Finance Minister,] 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 declarations to be made at the time of drawing pension ;

(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 the 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.]

Where this provision sits

ActTHE MAHARASHTRA LEGISLATURE MEMBERS' PENSION ACT, 1976 (Text as On 1st November 2021)
Section5
Marginal notePower to make rules or orders
JurisdictionState of Maharashtra
StatusIn force as published by the source

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