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Report No. 53

2. Genesis of the Report.-

The subject has been taken up by the Law Commission as a part of its generals function of the revision of Central Acts, first, because the Pensions Act is an Act of general application and importance, and secondly, because the continuance of some of its provisions in the form in which they now exist, appeared to amount to perpetuation of serious injustice and to defeat fundamental rights guaranteed by the Constitution. The nature and extent of the injustice and the effect on fundamental rights will be dealt with in this Report, at the appropriate place.1 It may be also stated that the Commission received a request from the Maharashtra Pensioners' Association to consider reform of the Act having regard to the fact that its provisions were based on no principle.

Before finally coming to our conclusions, we had put our proposals in the form of a draft Report. The draft Report had been circulated to the Ministries concerned2 for comments with a request to send their comments by a specified date. No comments have been received so far from those Ministries, presumably because they do not see any serious objection to the substance of the amendment proposed.

1. See para. 8, infra.

2. Ministry of Finance, (Department of Expenditure) and Department of Personnel.

Effect of The Pensions Act, 1871 On the Right to Sue for Pensions of Retired Members of the Public Services Back

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