THE  KERALA  PAYMENT  OF  PENSION  TO  MEMBERS  OF  
LEGISLATURE  (AMENDMENT)  ACT, 2005 [1]

(ACT 44 OF 2005) 

An Act further to amend the Kerala Payment of Pension to Members of Legislature Act, 1976.

            Preamble.- WHEREAS, it is expedient further to amend the Kerala Payment  of Pension to Members of Legislature Act, 1976 for the purposes hereinafter appearing;

            BE it enacted in the Fifty-sixth Year of the Republic of India as follows:-

           1.  Short title and commencement.- (1) This Act may be called the Kerala Payment of Pension to Members of Legislature (Amendment) Act, 2005.

                  (2) It shall come into force at once
           
          2.  Amendment of section 2.- In the Kerala Payment of Pension to Members of Legislature Act, 1976 (46 of 1976) (hereinafter referred to as the principal Act), in section 2,-

                  (1) after sub-section (ICC), the following sub-section shall be inserted,namely:-

                           “(ICCC) the spouses referred to in sub-sections (1A), (1B) and (1C)  shall not be eligible for pension from the date on which he or she remarries.”;

                 (2) after sub-section (ID), the following sub-section shall be inserted, namely:-

                           “(IE) Where the spouse referred to in sub-sections (1A), (1B) and (1C) dies, the minor son or the unmarried daughter or both, as the case may  be, of the member shall be entitled to a family pension from the date of  death of the spouse at the same rate as would have been payable to the spouse,  if he or she had not died, subject to the following  conditions namely:-

                       (i)  In the case of minor son, until he attains the age of twenty-five  years;

                       (ii) In the case of unmarried daughter, until she attains the age of   twenty-five years or she gets married whichever is earlier;

                      (iii) If there are two persons entitled to family pension, then the  amount of family pension shall be paid to them equally and if  there are more than two eligible persons, the amount of family  pension shall be paid to them proportionately.”;

                  (3) for sub-section (3), the following sub-section shall be substituted, namely:-

                 “(3) Where any person entitled to pension under sub-section (1) is also entitled to any other pension from the Government of India or any Corporation owned or controlled by the Government of India or any authority, under any  law or otherwise such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension.”.

          3.  Amendment of the Schedule.- In the principal Act, in the third proviso to the Schedule, for the words “rupees twelve thousand and five hundred” the words “rupees seventeen thousand and five hundred” shall be substituted.

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