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Report No. 53

22. Recommendation.-

We, therefore, recommend that the following Exception should be added to section 4 of the Pensions Act, 1871:-

"Exception -Nothing in this section applies to a pension payable to or in respect of any person1 appointed to a public service or post in connection with the affairs of the Union."

Having regard to the position as to legislative competence,2 State pensions cannot, of course, be brought within the purview of the proposed change,-though we do recommend that the Union Government should draw the attention of State Governments to the constitutional status of the right to pension and impress upon them the desirability of passing legislation similar to that proposed in this Report.

1 Cf. Article 366(17) of the Constitution, as to the words "to or in respect of".

2 Para. 3, supra.

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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