THE PENSIONS' ACT, 1871
ACT NO. 23 OF 1871
[8th August, 1871.]
An Act to consolidate and amend the law relating to Pensions
and
Grants by Government of money or land-revenue.
Preamble.-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:-
I.-PRELIMINARY
1. Short title.
1. Short title.-This Act may be called the 'Pensions' Act, 1871.
Extent of Act.-2[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 3[the whole of India except 4[the territories
which, immediately before the 1st November, 1956, were comprised in
Part B States]].
5* * * * * *
6* * * * * *
2. [Enactments repealed. Saving of Rules] Rep.
2. [Enactments repealed. Saving of Rules] Rep. by the Repealing
Act, 1938(1 of 1938), s. 2 and Sch.
3. Interpretation-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.
7[3A. Definition.-The expression "the appropriate Government"
means, in relation to 8[Union] pensions, the Central Government, and
in relation to other pensions, the State Government.]
II.-RIGHTS TO PENSIONS
4. Bar of suits relating to pensions.
4. Bar of suits 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.
5. Claims to be made to collector or other authorized officer.
5. Claims to be made to collector 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 authorized in this behalf by the
10[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 the 10[appropriate Government], from time to time prescribe
in this behalf.
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1.It has been ended in its application to U. P. by U. P. Act 12 of
1922. Rep. in part in West Bengal by West Bengal Act 7 of 1948.
The Act has been extended to and brought into force in Dadra and
Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1 (w.e.f. 1-7-1265) and
extended to the whole of the Union Territory of Lakshadweep by Reg. 8
of 1965, s.3 and Sch. (w.e.f. 1-10-1967).
The Act has been repealed in its application to Bellary District
by Mysore Act 14 of 1955.
2.Subs. by Act 20 of 1982, s. 2, for "it extends".
3.subs. by the A.O. 1950. for "all the Provinces of India" which had
been subs. by the A.O. 1948, for "the whole of British India".
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B
States".
5.The words "And it shall come into force on the date of the
passing thereof " rep. by Act 10 of 1914, s. 3. and Sch. 11.
6. The words "but not so as to affect any suit in respect of a
pension or grant of money or land-revenue which may have men
instituted before such date" rep. by Act 12 of 1891, S. 2 and Sch. 1.
7. Ins. by the A. O. 1937.
8. Sub. by the A.O. 1950. for "federal'.
9. Subs. by the A.O. 1950, as amended by C.O. 29, for "British or".
10. Subs. by the A.O. 1937, for "L.G.".
(II.-Rights to Pensions. III. Mode of Payment. IV.-Miscellaneous)
6. Civil Court empowered to take cognizance of such claims.
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.
7. Pensions for lands held under grants in perpetuity.
7. Pensions for lands held under grants in perpetuity.-Nothing
in sections 4 and 6 applies to-
(1) any inam of the class referred to in section 1 of Madras Act
No. IV of 18621;
(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 pension shall be capable of alienation and
descent, and may be sued for and recovered in the same manner as any
other property.
III.-MODE OF PAYMENT
8. Payment to be made by Collector or other authorized officer.
8.Payment to be made by Collector 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.
9. Saving of rights of grantees of land-revenue.
9.Saving of rights of grantees 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 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. Commutation of pensions.
10.Commutation of pensions.-The 2[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 seem fit.
IV.-MISCELLANEOUS
11. Exemption of pension from attachment.
3-11. Exemption of pension from attachment.-No pension granted or
continued by Government on political considerations, or on account of
past services 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 at the instance of a creditor, for any demand
against the pensioner, or in satisfaction of a decree or order of any
such Court.
5[This section applies 4* also to pensions granted or continued",
after the separation of Burma from India, by the Government of Burma.]
12. Assignments, etc., in anticipation of pension, to be void.
12.Assignments, etc., in anticipation of pension, to be void.
All assignments, agreements' orders, sales, and securities of every
kind made by the person entitled to any pension, Pay or allowance
mentioned in section 11, 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.
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1. I.e., "inams of the classes described in cl. 1, s. 2, [Mad.]
Regulation 4 of 1831, which have been, or shall be, enfranchised by
the Inam Commissioner and converted into freeholds in perpetuity, or
into absolute freeholds in perpetuity". The classes so described are
"hereditary or personal grants of money or of land-revenue, however,
denominated, conferred by the authority of the Governor in Council [or
which, having been made by any Native Govt. have been confirmed or
continued by the British Govt.-Act 31 of 1836] in consideration of
services rendered to the State or in lieu of resumed offices or
privileges, or of zamindars or paleiyams forfeited or held under
attachment or management by the officers of Govt., or as a yaumia or
charitable allowance, or as a pension".
2. Subs. by the A.O. 1937 for 'L. G."
3. See also s. 60, cl (g) of the Code of Civil Procedure 1908 (Act 5
of 1908).
4.The words "in Part A States and Part C States" omitted by the
Adaptation of Laws (No. 2) Order, 1956. The words "Part A States and
Part C States" were subs. by the A.O. 1950, for "the Provinces" which
had been subs. by the A.O. 1948, for "British India".
5.Ins. by the A.O. 1937.
6.I.e., on or after the 1st April, 1937.
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(IV.-Miscellaneous.)
1-12A. Nomination by Pensioner to receive moneys outstanding on
account of pension.-.-. Notwithstanding anything contained in section
12 or in any other law for the time being in force,-
(a)any person to whom any pension mentioned in
section 11 is payable by the Government of India or out of
the Consolidated Fund of India (such person being hereinafter
referred to as the pensioner) may nominate any other person
(hereinafter referred to as the nominee), in such manner and
in such form as may be prescribed by the Central Government
by rules, to receive after the death of the pensioner, all
moneys payable to the pensioner on account of such pension
at, before or after the date of such nomination and which
remain unpaid immediately before the death of the pensioner;
and
(b)the nominee shall be entitled, on the death of the
pensioner, to receive, to the exclusion of all other persons,
all such moneys which have so remained unpaid:
provided that if the nominee predeceases the pensioner, the
nomination shall, so far as it relates to the right conferred upon the
said nominee, become void and of no effect:
provided further that where provision has been duly made in the
nomination, in accordance with the rules made by the Central
Government, conferring upon some other person the right to receive all
such moneys, which have so remained unpaid, in the event of the
nominee predeceasing the pensioner, such right shall, upon the decease
as aforesaid of the nominee, pass to such other person.]
13. Reward to informers.
13. Reward to informers.-Whoever proves to the satisfaction of
the. 2[appropriate Government] 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. Power to make rules.-
14.Power to make rules.-"[In each State] the Chief Controlling
Revenue Authority may, with the consent of the [appropriate
Government], 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 Official Gazette, and shall
thereupon have the force of law.
15. Power of Central Government to make rules.
5[15. Power of Central Government to make rules.-The Central
Government may, by notification in the official Gazette, make rules to
provide for all or any of the following matters, namely :-
(a)the manner and form in which any nomination may be made
under section 12A and the manner and form in which such nomination may
be cancelled or varied by another nomination;
(b)the manner in which provision may be made, for the purposes
of the second proviso to section 12A, in any such nomination for
conferring on some person other than the nominee the right to receive
moneys payable to the nominee if such nominee predeceases the
pensioner,
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1. Ibs. by Act 20 of 1982, s. 3.
2. Subs, by the A.O. 1937, for "L. G".
3. Ins., ibid.
4. Subs. ibid., for "L. G.".
5. Ins. by Act 20 of 1982, s. 4.
(IV-Miscellaneos. Schedule)
16.Laying of rules.-Every rule made by the Central Government
under this Act and every rule made under section 14 by a Chief
Controlling Revenue Authority with the consent of the Central
Government, shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule 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; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.]
[SCHEDULE.] Rep. by the repealing Act, 1938 (1 of 1938), s. 2 and Sch.
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