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Section 19: Payment of dues to deceased Member

The Member of Maharashtra Legislature (Allowances) Rules, 1959.State Rules of Maharashtra · 1956

(1) Salary and allowances of a deceased member shall be drawn for the day on which he died irrespective of the time of his death.

(2) Where any sum standing to the credit of any deceased member as salary or allowances or the balance thereof (after deducting any lawful dues) has become payable, the Officer whose duty it is to make the payment may, without requiring the production of the usual legal authority letter claiming it on behalf of the deceased member,—

(i) Where the sum or, as the case may be, the balance does not exceed Rs. 8000 under the orders of the Collector of the District in which the deceased member ordinarily resided or carried on business immediately before his death, after making such inquiry into the right and title of the claimant as may be deemed sufficient ;

(ii) Where the sum or, as the case may be, the balance payable exceeds Rs. 8,000 under the orders of the Chairman or the Speaker (such order being passed after the Chairman or, as the case may be, the Speaker is satisfied as respect to the right and title of the claimant and is of the opinion that undue hardship will be caused to the claimant by insisting on the production of the usual legal authority letter) on the claimant executing an indemnity bond with such sureties as the Chairman or the Speaker may require.

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(3) Notwithstanding anything contained in sub-rule (2), where there is any doubt as respect to the right and title of the claimant no payment shall be made unless the claimant produces probate or letters of administration evidencing the grant to him of administration to the estate of the deceased member or certificate granted under the Indian Succession Act, 1925, or under the Bombay Regulation VIII of 1827, entitling the holder thereof to receive payment of the sum or balance.

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Where this provision sits

ActThe Member of Maharashtra Legislature (Allowances) Rules, 1959.
Section19
Marginal notePayment of dues to deceased Member
JurisdictionState of Maharashtra
StatusIn force as published by the source

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