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Report No. 53

5. Scheme of the Pensions Act, 1871.-

The Pensions Act, 1871, has 14 sections. Section 1 states that the Act extends to the whole of India except areas comprised in Part B States1. Section 2 has been repealed. Section 3 defines "grant of money etc." It is not material for the present purpose.

Section 4 is the most important section of the Act, and bars suits relating to pensions, grants of money or land revenue, conferred or made by the Government-whatever may have been the consideration for such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or right may have been substituted. We propose to consider this section at some length, later.2

Under section 5, claims regarding pension etc., are to be made to the Collector or other authorised officer. If the claim is certified by him, then under section 6, the civil court is empowered to take cognizance of the claim. Section 7 deals with pensions for lands held under grants in perpetuity. Section 8 provides for payment to be made by the Collector or other authorised officer. Section 9 saves the rights of grantees of land-revenues. Section 10 relates to the commutation of pensions. Section 11 provides for exemption of pensions from attachment. Section 12 provides that assignments, etc., in anticipation of pensions are void. Section 13 provides for reward to informers in certain cases. Section 14 confers power to make rules.

1. See para. 3, supra.

2. See para. 6, infra.

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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