Section 8A:
Pension.
1[8A. Pension.--2[(1) With effect from the 18th day of May, 2009, there shall be paid a pension
of 3[twenty five thousand rupees] per mensem to every person who has served for any period as a
Member of the Provisional Parliament or either House of Parliament:
Provided that where a person has served as a Member of the Provisional Parliament or either
House of Parliament for a period exceeding five years, there shall be paid to him an additional
pension of 4[two thousand rupees ] per mensem for every year served in excess of five years.
Explanation.--For the purpose of this sub-section, "Provisional Parliament" shall include the
body which functioned as the Constituent Assembly of the Dominion of India immediately before the
commencement of the Constitution.]
5[(1A) The pension and additional pension to every person shall be increased after every five years
years commencing from 1st April, 2023 on the basis of Cost Inflation Index provided under clause (v)
of Explanation to section 48 of the Income-tax Act, 1961 (43 of 1961).]
6* * * * *
(2) Where any person entitled to pension under sub-section (1),--
(i) is elected to the office of the President or Vice-President or is appointed to the office of the
Governor of any State or the Administrator of any Union territory; or
(ii) becomes a member of the Council of States or the House of the People or any Legislative
Assembly of a State or Union territory or any Legislative Council of a State or the Metropolitan
Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966 (19 of 1966);
or
(iii) is employed on a salary under the Central Government or any State Government or any
corporation owned or controlled by the Central Government or any State Government, or any
local authority or becomes otherwise entitled to any remuneration from such Government,
corporation or local authority,such person shall not be entitled to any pension under sub-section (1) for the period during which he
continues to hold such office or as such member, or is so employed, or continues to be entitled to such
remuneration:
Provided that where the salary payable to such person for holding such office or being such
member or so employed, or where the remuneration referred to in clause (iii) payable to such person,
is, in either case, less than the pension payable to him under sub-section (1), such person shall be
entitled only to receive the balance as pension under that sub-section.
7[(3) Where any person entitled to pension under sub-section (1) is also entitled to any other
pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such
other pension.]
(4) In computing the number of years, for the purposes of sub-section (1), the period during which
a person has served as a Minister as defined in the Salaries and Allowances of Ministers Act, 1952
(58 of 1952) or 8[as an officer of Parliament] as defined in the Salaries and Allowances of Officers of
Parliament Act,1953 (20 of 1953), (other than the Chairman of the Council of States) 9[or as a Leader
of the Opposition as defined in the Salary and Allowances of Leaders of Opposition in Parliament
Act, 1977 (33 of 1977), or has served in all or any two of such capacities] by virtue of his membership
in the House of the People or in the Council of States shall also be taken into account.]
Notes:
1. Ins. by Act 105 of 1976, s. 7 (w.e.f. 9-9-1976).
2. Subs. by Act 37 of 2010, s. 5, for sub-section (1) (w.e.f. 1-10-2010).
3. Subs. by Act 13 of 2018, s.144, for "twenty thousand rupees" (w.e.f. 1-4-2018).
4. Subs. by s, 144, ibid., for "fifteen hundred rupees" (w.e.f. 1-4-2018).
5. Ins. by s.144, ibid. (w.e.f. 1-4-2018).
6. Sub-section (1A) and the Explanation thereunder omitted by Act 40 of 2006, s. 7 (w.e.f. 15-9-2006).
7. Subs. by Act 48 of 1993, s. 4, for sub-section (3) (w.e.f. 9-6-1993).
8. Subs. by Act 33 of 1977, s. 11, for "an officer of Parliament" (w.e.f. 1-11-1977).
9. Subs. by s. 11, ibid., for "or both" (w.e.f. 1-11-1977).