THE TAMIL NADU LEGISLATORS’ PENSION RULES, 1977.

1 · (bb) "Authorised Offi cer" means an Offi cer authorised by the Secretary to claim pension;

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

2 · (c) "Council" means the Tamil Nadu Legislative Council which was abolished by the Legislative Council (Abolition) Act, 1986 (Central Act 40 of 1986);

3 · (cc) "Family Pensioner" means a person who is eligible to receive family pension under sub-section (2-B) of section 12-B of the Act."

1 · (dd) "Government" means the Government of Tamil Nadu;

2 · (e) Explanation.—On and from the 1st day of November 1986 "the House" shall mean the Tamil Nadu Legislative Assembly .

3 · (ee) "Member" means the member of the assembly.

3 · Sanctioning authority:—The Secretary shall be the authority competent to sanction pension to the persons entitled under the Act.

1 · 4.Application:—Application for the grant of pension under these rules shall be made to the Secretary in Form I. The application shall be accompanied by three copies of the passport size photograph of the person and four copies of his specimen signature duly attested by a person authorised by the Bank in which his pension is to be credited or by an Offi cer of any State or the Central Government having a seal of Offi ce. For revival or revision of pension, the person shall send an application to the Secretary:

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

2 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

3 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December, 2001.

2 · Provided further that if the Secretary is satisfi ed that there are good and suffi cient reasons for not making the application for the grant, revival or revision of pension in time he may order that the sanction shall take eff ect on and from the date of eligibility:

3 · Explanation:—The application shall be sent to the Secretary. In case, a pensioner is re-elected or nominated to the Assembly or the Parliament or any State Legislature, the pension shall be suspended and it shall be revived or revised, as the case may be on the basis of the total duration of membership, on his ceasing to be a Member, by the Secretary.

5 · Sanction of Pension:—On receipt of the application for grant, revival or revision of pension and on being satisfi ed about the eligibility of the applicant for the pension in accordance with section 12-B of the Act, the Secretary shall make an order in Form II or Form III, for sanctioning, reviving or revising the pension, as the case may be, and communicate the order to the person concerned and to the Accountant-General, Chennai for purposes of audit.

1 · Vide G.O.Ms.No.1900, Public (Establishment-I ) dated 18th August, 1980.

2 · Vide G.O.Ms.No.1160, Public (Legislature Wing) Department, Dated 11th July, 1989 (with eff ect from 1st November 1986)

3 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature) dated 22nd April, 1992.

6 · Claim and Payment of pension:—Pension shall be claimed by the Authorised Offi cer without any claim being preferred by the pensioner, in Form V 4 on the last working day of every month and credited to the accounts of the pensioner in the Bank in the month subsequent to the month to which it relates.

1 · Provided that if any pensioner desires to contribute whole or any part of the pension, in writing to a Fund sponsored by the State, or the Central Government the pension shall be claimed by the Authorised Offi cer and the amount of such contribution shall be 4

1 · Vide G.O.Ms.No.1435, Public (Establishment-I), dated 5th September, 1983.

2 · Vide G.O.Ms.No.759, Public (Establishment-I and Legislature), dated 19th August, 1994.

3 · Vide G.O.Ms.No.329, Public (Establishment-I and Legislature), dated 22nd March, 1996.

4 · Vide G.O.Ms.No.380, Public (Establishment-I and Legislature), dated 21st May, 2024. (with eff ect from 1st April 2020)

1 · If such a declaration and a verifi cation certifi cate are not furnished within a period of one year calculated from the fi rst day of April every year, subsequent payment of pension shall take eff ect only from the month of receipt of such declaration and verifi cation certifi cate.

7 · Change of address:—It shall be the duty of the pensioner to intimate the change, if any, of his residence lasting for more than three months, to the Secretary.

8 · Date of Payment of Pension:—The pension sanctioned under these rules shall be payable from the date specifi ed in the order and shall not be commuted for a lumpsum. The pension shall become due for payment only on expiry of the month to which it relates.

9 · Death of pensioner:—In the event of the death of the pensioner the amount of pension due till the date of his death, including unpaid arrears, shall be paid to his legal heir.

2 · 9-A. Family Pension:—(1) A Member / Pensioner shall furnish the details of his/her family in Form VII indicating the names of his/her family as defi ned in sub-section (2-B) of section 12-B of the Act, for family pension.

2 · (2) The family of a deceased member / pensioner, who is entitled to family pension under sub-section (2-B) of section 12-B of the Act shall apply in Form VIII along with the particulars in form IX.

2 · (3) In the event of death of a Member / Pensioner, the Secretary, shall send a letter to the family of the deceased Member/ pensioner requesting him/ her to apply for the family pension.

1 · Vide G.O.Ms.No.329, Public (Establishment-I and Legislature), dated 22nd March, 1996.

2 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December, 2001.

1 · (4) The period for which family pension is payable shall be as follows:— (i) Wife in the case of a male member / pensioner or husband in the case of a female member / pensioner upto the date of death or remarriage, whichever is earlier; (ii) Son who has not attained the age of twenty one years and unmarried daughter who has not attained the age of twenty four years including such son and daughter adopted legally; (iii) Father and mother of the unmarried member / pensioner till their death; 1 (5) (a) (i) Where family pension is payable to more widows than one, the family pension shall be paid to widows in equal shares. (ii) On the death of a widow, her share of the family pension shall become payable to her eligible child: Provided that if the widow is not survived by any child, her share of the family pension shall be payable to the surviving widows in equal share or if there is only one surviving widow it shall be payable in full, to such widow.

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December 2001.

1 · 7. Where a deceased member/ pensioner leaves behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) of sub-rule (5) and after the expiry of that period, the next child shall become eligible for the grant of family pension.

1 · 8. Where family pension is granted under this rule to a minor, it shall be payable to the guardian of the minor.

1 · 9-B. Sanction of family pension:—On receipt of the application for grant, revival or revision of family pension and on being satisfi ed about the eligibility of the applicant for the family pension, the Secretary shall issue an order in Form X or Form XI, for sanctioning, reviving or revising the pension as the case may be, and communicate the order to the person concerned and to the Accountant General , Chennai-18 for purpose of audit.

1 · 9-C . Suspension of Family pension.—If the payment of family pension is suspended under the Act, the Secretary shall communicate an order to that eff ect in Form XII to the family pensioner and to the Accountant-General, Chennai-18.

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December 2001.

1 · 9-D. Claim and payment of family pension:—Family pension shall be claimed by the Authorised Offi cer without any claim being preferred by the family pensioner in Form XIII 2 on the last working day of every month and credited to the accounts of the family pensioner in the Bank in the month subsequent to the month to which it relates.

1 · 9-E. Declaration by family pensioner:—Every family pensioner shall furnish a life certifi cate from the Bank in which he/ she is having the account or from an Offi cer of any State, or the Central Government having a seal of Offi ce in Form XIV to the Secretary direct, or through the Bank in which his/ her pension is credited, on or before the 31st March of every year. If such a life certifi cate is not furnished within a period of one year calculated from the fi rst day of April every year, subsequent payment of family pension shall take eff ect only from the month of receipt of such life certifi cate.

2 · 9-F. Death of Family pensioner:— In the event of the death of the Family pensioner the amount of Family pension due till the date of his death, including unpaid arrears, shall be paid to his legal heir.

10 · Mistake in the calculation of the pension period:—A pension sanctioned to any person under these rules is liable to be cancelled or modifi ed if it is found that there has been any error in the valuation of the period of his eligibility for the grant of pension.

11 · Over-payment or irregular payments, etc:—If any overpayments are made, the amounts so over paid shall be adjusted in the subsequent payment or recovered under the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), and if any irregular payments are made, such payments shall also be adjusted or recovered, as the case may be, in the same manner.

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December 2001.

2 · Vide G.O.Ms.No.380, Public (Establishment-I and Legislature), dated 21st May, 2024. (with eff ect from 1st April 2020)

1 · 12. Recovery of dues, if any:—Dues, if any, towards arrears of Legislators Hostel Rent, Guest charges, Trunk-call and Phonogram charges, loss of Library Books or any other dues to the 2 Legislative Assembly Secretariat or to the Legislative Council Secretariat and dues to the Government of Tamil Nadu payable in the capacity as a Member of the House, from the pensioner, shall be recovered from the pension payable to him.

2 · 12-B . Claims of former Members of the Council:—These rules shall apply Mutatis Mutandis in respect of former Members of the Council.

13 · Decision of the Secretary is fi nal:—The decision of the Secretary on all matters covered by these rules shall be fi nal.

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

2 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

1 · FORM-I

1 · Vide G.O.Ms.No.1900, Public (Establishement-I), dated 18th August, 1980.

2 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

2 · Vide G.O.Ms.No.2235, Public (Establishment-I), dated 15th December, 1982.

1 · FORM -II

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

1 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

1 · FORM-III

2 · Legislative Assembly Secretariat.

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

2 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

1 · FORM IV

1 · Vide G.O.Ms.No.1900, Public (Establishment-I), dated 18th August, 1980.

2 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

1 · FORM V

3 · Paid by IFHRMS Reference No:

1 · THE SCHEDULE

1 · Vide G.O.Ms.No.2235, Public (Establishment-I), dated 15th December, 1982.

2 · Vide G.O.Ms.No.484, Public (Establishment-I), dated 22nd April, 1992.

1 · VERIFICATION CERTIFICATE

1 · Vide G.O.Ms.No759, Public (Establishment-I), dated 19th August, 1994.

2 · Vide G.O.Ms.No.484, Public (Establishment-I and Legislature), dated 22nd April, 1992.

1 · PARTICULARS OF FAMILY FOR CLAIM OF LEGISLATORS' FAMILY PENSION

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December, 2001.

1 · FORM - X

5 · The expenditure is debitable to..............................

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature) dated 21st December, 2001.

1 · FORM - XI

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December, 2001.

1 · FORM -XII

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature) dated

1 · FORM - XIII (See rule 9-D)

2 · Paid by IFHRMS Reference No.

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December, 2001.

2 · Vide G.O.Ms.No.380, Public (Establishment-I and Legislature), dated 21st May, 2024. (with eff ect from 1st April 2020)

1 · FORM - XIV

1 · Vide G.O.Ms.No.1397, Public (Establishment-I and Legislature), dated 21st December, 2001.