Vol XXIII

Aizawl,

Thursday

21.4.1994

Vaisakha 1.

S.E. 1916

Issue No. 51

Short title and commencement

Definations

## Section 1.

(1)

This Act may be called the Mizoram (Pension for members of the defunct

Mizo District Council and of the defunct Pawi Lakher Regional Council) Act, 1994.

(2)

It shall be deemed to have come into force on the 30th day of April, 1972.

## Section 2.

In this Act, unless the context otherwise requires,-

(a)

“Council” means the defunct Mizo District Council and the defunct Pawi--

Lakher Regional Council of Mizoram;

(b)

“Government” means the Government of Mizoram:

Ex-51/94

Grant of Pension

to members

- 2 -

(c)

“member” means a member of the defunct Mizo District Council and a

member of the defunct Pawi-Lakher Regional Council who had taken an oath of alle-giance to the Constitutionof India; and

(d)

“State” means the State of Mizoram.

## Section 3.

There shall be paid a pension the amount of which is as under sub-section (2) to

any person who had served for a period of five years or for any period shorter than five years-

(a)

As a member of the defunct Mizo District Council, or

(b)

As a member of the defunct Pawi-Lakher Regional Council.

(2)

The amount of pension payable under sub-section (1) are as follows :-

(a)

On and from the 30th day of April, 1972, there shall be paid a pension of

one hundred fifty rupees per mensem to any member;

(b)

On and from the 1st day of April, 1977, there shall be paid a revised pen-

sion of two hundred rupees per mensem to every member;

(c)

On and from the 1st day of April, 1982 there shall be paid a revised pen-

sion of three hundred rupees per mensem to every member;

(d)

On and from the 1st day of April, 1987 there shall be paid a revised pen-

sion of five hundred rupees per mensem to every member; and

(e)

On and from the 1st day of April, 1992 there shall be paid a revised pen-

sion of eight hundred rupees per mensem to every member,

(3)

Where any person entitled to pension is elected to office of the President or Vice

President or is appointed to the Office of the Governor of any State or the Administra-tor of any Union Territory or becomes a member of the Council of State or the House of the people or any Legislative Assembly of State or Union Territory or any Legisla-tive Council of State; or is employed on a salary under the Central Goverment or any State Government or any Corporation owned or controlled by the State Government or any Local Authority or becomes otherwise entitled to remuneration from such Gov-ernment or Local 
Authority, such person shall not be entitled to any pension for the period during which he continued to hold such office or as such member, or is so employed or continues to be entitled to such remuneration.

Sanction and payment of the fund

Power to make rules

Repeal and Sav-ing

- 3 -

Ex-51/94

(4)

Where the salary payable to such peron for holding such office or being such

member or so employed or ehre the renumeration payable to such is in either case less than the pension payable to him, such person shall be entitled only member, or is so employed or continues to be entitled to such to receive the balance as pension.

(5)

Where any person entitled to pension is also entitled to any pension from the

Central Government or any State Government or any Corporation owned or con-trolled by the Central Government or any local authority, under any law or otherwise, the-

(a)

Where the amount of pension to which he is entitled under such law or

otherwise is equal to or in excess of that to which he is entitled as a Member, such person shall not be entitled to any pension, and

(b)

Where the amount of pension to which he is entitled under such law or

otherwise is less than that to which he is entitled as a Member, such person shall be entitled to pension only of an amount which falls short of the amount or pension to which he is otherwise entitled as a member.

## Section 4.

The District Council Affairs Department of the Government shall sanction and

pay the pension funds under this Act.

## Section 5.

(1)

The Government may, by notification in the Mizoram Gazette, make rules

for carrying out the purposes of this Act.

(2)

Every rule made under this Act shall be laid, as soon as may be after it is

made, betore the Legislative Assembly of Mizoram, while it is in session, for a total period of seven days which may be comprised in one session or in two or more suc-cessive sessions, and if before the expiry of the session immediately following session or the successive sessions aforesaid, the Legislative Assenmbly of Mizoram agree that the rule, be made or 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. However that any such modification or annulment shall be without prejudice to the validity of anything previ-ously done under that rule.

## Section 6.

(1)

The Mizoram (Pension for Members of the defunct Mizo District Council

and of the Pawi-Lakher Regional Council) Ordinance, 1993 (No. 1 of 1994) is here by repealed.

(2)

Notwithstanding such repeal, anything done or any action taken under the

Mizoram (Pension for Member of the Mizo District Council and of the Pawi Lakher