| THE
PENSIONS ACT.
(INDIA ACT XXIII, 1871.) (8th August, 1871.)
I. PRELIMINARY
1-2. * * * *
All rules in regard to the award and payment
of pensions or grants of money or land-venue, and the identification
of the persons entitled to receive them, made under enactment,
shall be deemed to have been made under this Act so far as
they are consistent therewith.
3. 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.
II. RIGHTS TO PENSIONS.
4. 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 British
or any former Government, whatever may have been the consideration
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.
5. 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 authorized
in this behalf by the Governor; and such Collector, Deputy
Commissioner or other officer shall dispose of such claim
in accordance with such as the Chief Revenue authority may,
subject to the general control of the Governor, from time
to time prescribe in this behalf.
6. A Civil Court, otherwise competent to
try the same, shall take cognizance 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.
7. * * * *
III .MODE OF PAYMENT.
8. 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.
9. Nothing in sections 4 and 8 shall affect
the right of a grantee of land¬-revenue, whose claim to
such grant is admitted by 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.
10. The Governor 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 seem fit,
IV. MISCELLANEOUS.
¹11. No pension granted or continued
by any Government in British India or by the Government of
Burma on political considerations, or on account of past service
or present infirmities or as a compassionate allowance, and
no money due or to become due on account of any such pension
or allowance shall be liable to seizure, attachment or sequestration
by process of any Court in British Burma, at the instance
of a creditor, for any demand against the pensioner or in
satisfaction of a decree or order of any such Court.
12. All assignments, agreements, orders,
sales and securities of every kind made by the person entitled
to any pension, pay or allowance mentioned in section II,
in respect of any money not payable at or before the making
thereof, on account of any such pension, pay or allowance,
or for giving or assigning any future interest therein, are
null and void.
13. Whoever proves to the satisfaction of
the Governor that any pension is fraudulently or unduly received
by the person enjoying the benefit thereof shall be entitled
to a reward equivalent to the amount of such pension for the
period of six months.
14. The Chief Controlling Revenue authority
may, with the consent of the Governor, from time to time make
rules consistent with this Act respecting all or any of the
following matters -
(1) the place and times at which, and the
person to whom, any pension shall be paid;
(2) inquiries into the identity of claimants;
(3) records to be kept on the subject of
pensions;
(4) transmission of such records;
(5) correction of such records;
(6) delivery of certificates to pensioners;
(7) registers of such certificates;
(8) reference to the Civil Court, under section
6, of persons claiming a right of succession to, or participation
in, pensions or grants of money or land-revenue payable by
Government; and generally for the guidance of officers under
this Act.
All such rules shall be published in the
Gazette, and shall thereupon have the force of law.
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