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PENSIONS ACT

Ministry of Law and Justice

Act nº 23 of 1871


  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Schedules
  • Act nº 23 of 1871

Preamble

THE PENSIONS ACT, 1871

[Act, No. 23 of 1871]

[8th August, 1871]

PREAMBLE

An Act to consolidate and amend the law relating to pensions and grants by Government of money or land-revenue

Whereas it is expedient to consolidate and amend the law relating to pensions and grants by Government of money or land-revenue ; it is hereby enacted as follows:

Chapter 1

Section 1. Short title and extent

This Act may be called the Pensions Act, 1871.

1[In so far as it relates to Union Pensions, it extends to the whole of India and in so far as it relates to other pensions, it extends] to the whole of India except the territories which immediately before the 1st November, 1956, were comprised in Part BStates.

STATE AMENDMENT

2Karnataka

In section 1 of the principal Act under heading "Extent of the", the words. "It extends to the whole of the state of Karnataka" shall be substituted2.

1. Substituted by Act 20 of 1982, section 2, for the words "it extends" (w.e.f. 18th May, 1982).

2. Vide Karnataka Act 23 of 1979, section 4.


Section 3. Interpretation section

In this Act, the expression "grant of money or land-revenue" includes anything payable on the part of Government in respect of any right, privilege, perquisite or office.

Section 3A. Definition

The expression "the appropriate Government" means, in relation to Union Pensions, the Central Government, and in relation to other pensions, the State Government.

Chapter 2

Section 4. Bar of suit relating to pensions

Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the Government or by any former Government, whatever may have been the consideration for any such pension, or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted.

Section 5. Claims to be made to Collector, Deputy Commissioner or other authorized officer

Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the District or Deputy Commissioner or other officer authorised in this behalf by the1[appropriate Government], and such Collector, Deputy Commissioner or other officer shall dispose of such claim in accordance with such rules as the Chief Revenue Authority may, subject to the general control of the2[appropriate Government], from time to time prescribe in this behalf.

STATE AMENDMENTS

3Karnataka

In section 5 of the Principal Act:

(i) For the words "Any person having a claim ", the words "save as otherwise provided in any law or any rule regulating payment of pension to persons appointed to public services and posts in connection with the affairs of the State, any person having a claim", shall be substituted;

(ii) For the words "as the Chief Revenue Authority may, subject to the general control of the appropriate Government" the words "as the appropriate Government may" shall be substituted3

4Uttar Pradesh

In section 5 of the Principal Act:

(i) The words "the Chief-Revenue Authority may, subject to the general control of" shall be omitted.

(ii) The word "may " after the words "appropriate Government" where they secondly occur shall be inserted4.

1. Substituted by A.O., 1937, for the words "Local Government".

2. D.S. Nakara v. Union of India, AIR. 1983 S.C. 130 at p. 136:1983 Lab. I.C. 1 at p.8; Ajay Hasia v. Khalid Mujib, A.I.R. 1981 S.C. 487 at p. 498; Air India v. Nargesh Meerza, A.I.R. 1981 S.C. 1828 at p. 1848:1981 Lab. I.C. 1313 at p. 1332.

3. Vide Karnataka Act 23 of 1979.

4. Vide Uttar Pradesh Act 12 of 1922.


Section 6. Civil Court empowered to take cognizance of such claims

A Civil Court, otherwise competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly.

Section 7. Pensions for lands held under grants of perpetuity

Nothing in Sections 4 and 6 applies to--

(1) any inam of the class referred to in section 1 of the Madras Act No. IV of 1862.

(2) Pensions heretofore granted by Government in the territories respectively subject to the Lieutenant-Governors of Bengal and the North-Western Provinces, either wholly or in part as an indemnity for loss sustained by the resumption by a Native Government of lands held under sanads purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death of the recipient, but every such pensions shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property.

Chapter 3

Section 8. Payment to be made by Collector, Deputy Commissioner or other authorized officer

All pensions or grants by Government of money or land-revenue shall be paid by the Collector or the Deputy Commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed by the Chief Controlling Revenue Authority.

STATE AMENDMENTS

1Karnataka

In section 8 of the Principal Act:--

(i) For the words "All pensions or grants ", the words "Save as otherwise provided in any law or any rule regulating grant and payment of pension to persons appointed to public services and posts in connection with the officers of the State, all pensions or grants ", shall be substituted.

(ii) For the words "Chief Controlling Revenue Authority" the words "appropriate Government" shall be substituted1.

2Uttar Pradesh

In section 8 of the Principal Act, the words "Chief Controlling Revenue Authority" the words "State Government", shall be substituted2.

1. Vide Karnataka Act 23 of 1979.

2. Vide Uttar Pradesh Act 12 of 1922.


Section 9. Saving of rights of a grantee of land-revenue

Nothing in Sections 4 and 8 shall affect the right of a grantee of land-revenue, whose claim to such grant is admitted by the Government, to recover such revenue from the persons liable to pay the same under any law for the time being in force for the recovery of the rent of land.

Section 10. Commutation of pensions

The1[appropriate Government] may, with the consent of the holder, order the whole or any part of his pension or grant of money or land-revenue to be commuted for a lump-sum on such terms as may deem fit.

1. Substituted by A.0. 1937, for the words "Local Government".


Chapter 4