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State of Bihar - Section

Section 235 in Bihar Board's Miscellaneous Rules, 1958

235.

The following rules were framed by the Board with the consent of the Lieutenant-Governor in Council under Section 14, Act XXIII (The Pensions Act), 1871, for Bengal, including Bihar and published in the Board's Notification No. 3971-B, dated the 7th August, 1911, on page 1163, Part I of the Calcutta Gazette of 9th August, 1911:-[I. Political pensions. - 'Political' pensions are governed by Rule 46, Part II, Chapter IV of the Book of Financial Powers of the Government of India. These are pensions to non-officials whose services descent or connections are such that it is on general grounds of policy very desirable that the Government should extend to them some measure of assistance or recognition. Only Rules II to XXI of the Rules below apply to these pensions, their renewal, distribution etc., being regulated under the Rule cited above.] [Vide Board of Revenue, Bihar and Orissa, Notification No. 7-32-4, dated the 25th May, 1931, Published in Part II, page 787, of the Bihar and Orissa Gazette of the 27th idem.]Territorial pensions. - 'Territorial' pensions represent payment on account of some obligation arising out of land, including certain special payments to religious institutions dating from the time of the permanent settlement or earlier. When such pensions are permanent, hereditary, and transferable without restrictions, they are to be dealt with under the Rules of permanent malikana. All others are governed by the rules below.II. Place of payment. - Except as provided in Rule III, all pensions shall be payable at the district treasury upon which a permanent pay order has been issued by the Accountant-General.III. At Sub-Divisions. - Pensioners residing within any sub-division of a district may obtain payment of their pensions from the sub-divisional treasury in the same way as from the district treasury.IV. Transfer of payment. - A Commissioner of a Division may, on application and on sufficient cause shown, permit transfer of payment from a treasury in his division to any other treasury in British India:Provided that this rule shall not extend to political pensions in cases where the pensioner resides, by order of the Government, in a particular place.V. Particulars to be submitted in case of transfer of payment. - A copy of the order directing the transfer referred to in Rule IV shall be forwarded by the Commissioner to the Accountant-General, together with a brief narrative of the origin and particulars of the pension; and the district officer of the district from which the payment is transferred shall be instructed to return his and the pensioner's portion of the permanent pay order to the Accountant-General. The Accountant-General shall then issue a fresh permanent pay order to the officer who will in future, pay the pension, or if that officer belongs to another province, shall move the Accountant-General of such province to do so.VI. Monthly payment. - Except as otherwise provided in these Rules, all pensions shall be paid monthly.VII. Arrears of pension. - If a pension remains undrawn for more than six months the Collector or other disbursing officer must at once make enquiry into the cause of the non-appearance of the pensioners and must return the pay order to the Accountant-General. When the inquiry has been completed the result shall be communicated to the Accountant-General.If the pensioner afterwards appears, the Collector or other disbursing officer may reclaim the pay order and renew his payments, and the payment of arrears that have accumulated, not exceeding Rs. 1,000/- may be sanctioned by the Collector or other disbursing officer. If the amount of arrears exceeds Rs. 1,000/- the previous sanction of the Commissioner must be obtained.VIII. Personal appearance at time of payment and exemptions therefrom. - (1) Except as provided in sub-rules (2) and (3) and Rule IX a pensioner must take payment in person after identification by comparison with the permanent pay order.
(2)The following person, namely,-
(a)pensioner specially exempted by Commissioners, Heads of Departments or the Collectors from personal appearance;
(b)a female pensioner not accustomed to appear in public, and
(c)a male or female pensioner, who is unable to appear in consequence of bodily illness or infirmity,
may receive his or her pension, upon the production of a life certificate signed by a responsible officer of Government, or by some other well known and trustworthy person.
(3)A pensioner of any description, who produces a life certificate signed by some person exercising the powers of a Magistrate of any class under the [Code of Criminal Procedure, 1898] [Now See Cr.P.C., 1973.] or by any Registrar or Sub-Registrar under the Indian Registration Act, 1908 or by any pensioned officer who before retirement, exercised the powers of a Magistrate, is also exempted from personal appearance.
(4)In all cases referred to in sub-rules (2) and (3) the disbursing officer must take precautions to prevent imposition, and must at least once a year, require proof, independent of that furnished by the life certificate, of the continued existence of the pensioner. For this purpose he shall [except in cases of exemption from personal appearance granted by the [(Commissioners of Divisions, Heads of Departments or Collectors)] [Inserted by Bihar and Orissa Board's Notification Nos. 7-47-6, dated the 12th April, 1915, Published in Part II, Page 459 of the Bihar and Orissa Gazette of the 14th idem.] require the personal attendance and due identification of all male or female pensioners who are not incapacitated by bodily illness or infirmity from so attending, and in all cases where such inability may be alleged, he shall require proof thereof in addition to the proof submitted of the pensioner's existence.IX. Pensioners of rank. - Pensions of pensioners of rank, who are specially exempted by the Commissioners of Divisions, Heads of Departments or Collectors from personal appearance, shall be paid to an agent holding a power of attorney on their behalf upon the production of the permanent order and of a separate receipt.X. Payment to an agent. - Pensions of pensioners exempted from personal appearance under sub-rule (2) or (3) of Rule VIII (except in cases mentioned in Rule IX) may be paid to an agent on their behalf on the production of the permanent pay order, of a life certificate as prescribed by those sub-rules, respectively, and of a separate receipt.XI. Arrears of deceased pensioners. - On the death of a pensioner, payment of any arrear actually due may be made to his heirs provided that they apply within six months from his death, after which period no such payment shall be made without the sanction of the Commissioner.Collectors of districts are empowered to sanction the payment of arrears of pension due to deceased pensioners to their heirs. Even if the pension has been sanctioned before the death of the pensioner, the payment may be made under the orders of the authority who would have been competent to sanction the pension if the pensioner had not died.XII. Making over of permanent pay order to pensioner. - On the receipt by the disbursing officer of the permanent pay order, he shall summon the pensioner, and, on his appearing, shall make over to him his portion of the permanent pay order, and shall explain to him at what times he can draw his pension and how he must proceed for the purpose. No other certificate need be given.XIII. Making over of permanent pay order to agent. - When the pensioner is exempted from appearance in person, the permanent pay order may be made over to any person authorised to act on the pensioner's behalf.XIV. Worn permanent payment order. - When the reverse of a pension payment order is filled up, or when the pensioner's half is found to be worn or torn, both halves may be renewed by the Treasury Officer.XV. Loss of pensioner's portion of payment order. - If a pensioner loses his half of the pension payment order, a new order may be issued by the Treasury Officer who should see that no payment is made on the half alleged to be lost by a strict observance of Rule 2 under Article 943 of the Civil Service Regulations. The necessary note should be made in the remarks column of the register in form 40, Civil Account Code.XVI. Registry of applications. - In each collectorate a list of pensions granted shall be kept up in Register No. 64 of the Register and Return Manual Applications for pensions are to be entered in Register 8 of "Miscellaneous cases".XVII. Pensions undrawn for two years. - All pensions not drawn for two years shall be struck-off the said register. If such pensions are renewed under Rule VII, a fresh entry shall be made in the register in respect thereof.XVIII. Death of pensioners. - Upon the death of a pensioner the district officer shall at once report the circumstances to the Accountant-General and shall return the original permanent pay order to his office.XIX. Permanent pay order. - When a pension is granted, the Accountant-General shall issue a permanent pay order to the disbursing officer of the station at which the pension is payable, directing him to pay periodically, until further notice, the amount of the pension upon the production of the counterpart of the order and a separate receipt according to the prescribed form. This order shall be entered in the register of permanent orders prescribed in Article 327 of the Civil Account Code, Volume II [Form No. 40, Civil Account Code],XX. Register to be kept at sub-division. - When payment of any pension is permitted at a sub-division, a copy of the permanent order in respect of such pension shall be forwarded to the sub-division, a note to that effect being made in the register of permanent orders at the headquarters station. At each sub-division a register of permanent orders so received shall be kept up in the same form as the register prescribed for the headquarters station.XXI. Payment to be recorded. - Upon representation of a claim for payment, the district officer shall at once record the sum paid upon the permanent order, enter the amount in the cash-book, and submit the separate receipt, in the form given below, with his treasury account, to the Accountant-General as a voucher in support of the charge.Form of Receipt for PaymentBill for pensions chargeable to.....................(major head) paid at the.......................treasury between and 20We do hereby acknowledge to have received the amount set against our respective names as pensions due for the periods noted under the orders quoted in our respective permanent pay orders.
1 2 3 4 5 6 7
Payment Number of permanent pay order Name of pensioner Monthly amount Period of claim Amount paid Signature of payee with stamp, if payment exceedsRs. 20
Date No.            
               
XXII. Continuance of hereditary pensions. - The Board of Revenue is competent to sanction the continuance of hereditary pensions when the hereditary title has been already recognised by the Government or decreed by a competent Court of Justice. But it is to be borne in mind that the Government never undertook, absolutely, to pay the pensions included in the permanent settlement, and that if a pension has been unadvisedly continued to heirs, the hereditary nature of the gratuity may, on the death of the incumbent, again be questioned.XXIII. Hereditary pensions not to be ordinarily allowed. - As a general principle, pecuniary grants will not be continued after the death of the parties in whose favour they were originally made. Pensioners whose pensions are granted for life only, and are resumable at their decease, are to be in no way encouraged by the local officers to hope that their pensions will be continued to their heirs, and thereby induced to neglect making a proper provision for their families. The Board is to submit to Government for decision any case in which it may be of opinion, on the decease of a life pensioner that the pension or any part thereof, should be continued to the heirs.XXIV. General principles. - The principles laid down in the memorandum by Mr. F. Millett, printed below, are under the orders of Government, to be followed in recommending, or deciding upon the continuance or discontinuance to heirs of the various classes of pensions with which the memorandum deals.[Memorandum by Mr. F. Millett on pensions and charitable or other allowances, dated 12th May, 1845] [Bengal Regulations XXIV of 1793, XXXIV of 1795, XXIV of 1803, XXII of 1806 and XI of 1813, referred to in this memorandum, were repealed by Act XXIII of 1871 (Pensions), Section 2 and Schedule, subject to a saving as to rules made thereunder.]The Government never undertook absolutely to pay the pensions included in the permanent settlement.Section 74, [2] [Section 74 of Bengal Regulation VIII of 1793 was repealed by Act XV of 1847.] Regulation VIII, 1793, provided "with respect to any of the existing established zamindari charges, such as pensions, charitable or other allowances which it may be thought proper to continue they shall be paid by the Collector, etc."Regulation XXIV, 1793, prescribed the rules for determining their continuance, or discontinuance, the fundamental principle being that all such pensions and allowances were gratuitous.The following are the principal provisions of that Regulation:"Pensions received by virtue of sanads, granted before the dewanny or since granted with the sanction of Government, and pensions received from before 1173 (country era), to be continued to the grantees or original holders. But if the grantees or original holders be dead, the pensions not to be continued to their heirs or descendants without the sanction of Government; and"No pension after the death of the person then entitled to it to be continued to his descendants without the like sanction, whether the grant was, in either case, according to the terms of it, hereditary or otherwise.""Whenever Government orders the continuance of a pension, whether to the original holder or his heir, the Collector to give him a certificate, stating the title of the party thereto during his or her life.""The Collector to keep a register of these certificates, noting therein such personal identifications of the parties as might detect any attempt to transfer the certificates to others.""The pensions and allowances being gratuitous, the determining upon the continuance or discontinuance of them under the Rules prescribed is reserved to Government.It appears to me plain that according to this Regulation every pension confirmed was to be confirmed as a life-pension only, and that on the death of any pensioner the case of any new claimant was to be submitted to Government for its determination.Section 6 of Regulation XXIV, 1803 (Ceded Provinces), provided that pensions granted to fakeers and other religious persons for the purpose of lighting mausoleums or mosques, or for that of repairing them, as also to enable them to perform their religious ceremonies, usual in the Muharram, were to be continued; but that pensions of this description were not to be considered as of a personal nature and that the Collector was to be responsible for their being applied to the purpose for which they were bestowed.Certificates were under this Regulation, to be granted for pensions renewed on the death of pensioners, and registers of certificates to be kept as under Regulation XXIV, 1793, and Section 16 declared that the continuance or discontinuance of pensions was after the death of the persons then receiving them, to depend solely on the pleasure of Government.I reconcile Sections 6 and 16 in this way. Pensions received by fakeers at the date of the Regulation for certain purposes were to be continued to them; but if they applied them to other purposes they would be resumed. On the death of the then holders, the pensions were to be continued to their successors or not as Government might determine, each renewal requiring a specific order.By Section 30, Regulation XII, 1805, the provisions of Regulation XXIV, 1793, were made applicable to pensions and allowances granted for religious purposes in Cuttack, with these provisos:I. That pensions obtained from the Government of Berar under grants prior to October 1803, should be continued to the then incumbents, and on their death should descend to their heirs and successors or revert to Government, as should appear to the Governor-General in Council [1] [The words 'Governor-General in Council' in Section 30 of Bengal Regulation XII of 1805 are now to be read as if the words 'Local Government' were substituted therefor (See Act I of 1903, Schedule 2).] on a consideration of the tenor of the grant and all the circumstances of the case to be proper, under Section 4 of the said Regulation [2] [The words and figure 'under Section 4 of the said Regulation' are omitted since the words and figures under Section 4, Regulation XXIV, 1793' in Section 30 of Bengal Regulation XII of 1805 were repealed by Act XII of 1891.],II. Pensions received, under whatever authority, for three or more years before October, 1803, to be continued to the then incumbents for life; but on their death to revert to Government, unless any particular reasons should appear to Governor-General in Council to exist for continuing them to their heirs and successors.In the terms 'on a consideration of the tenor of the grant' contained in the proviso I, we find the first indication of Government prescribing a Rule to itself respecting the continuance of a pension to heirs and successors or incumbents. Section 4, Regulation XXIV, 1793, to which reference is made, contains no such rule [2] [The words and figure 'under Section 4 of the said Regulation' are omitted since the words and figures under Section 4, Regulation XXIV, 1793' in Section 30 of Bengal Regulation XII of 1805 were repealed by Act XII of 1891.].By Section 7, Regulation XXII, 1806, the Board were instructed in determining whether, on the death of a pensioner, the pension, or any part of it, should be continued to heirs or successors, 'to ascertain particularly the situation and circumstances of the person claiming the continuance of the pension, and not to comply with any applications of that nature, unless on the ground of poverty or other substantial reason, the party claiming it shall have a strong claim on the indulgence of Government".This relates to pensions to a certain amount (fifty rupees) left to the Board's decision; but I presume the principle was applicable to all.Section 8 enjoined Collectors to discontinue the payment of all pensions where the persons to whom they had been adjudged had died, until it could be determined whether they were to be continued to heirs.Section 9 had in view the commutation of money pensions for grants of waste land or property.It begins by repeating the declaration that pensions are gratuitous, and that the continuance or discontinuance of them is to depend on the pleasure of Government.It then enacts that adjudged pensions are not to be commuted for grants of land except with the consent of the pensioner, and adds these further provisos:-That pensions granted for and bona fide appropriated to the support of institutions, either of the Hindu or Muhammadan religion, shall be continued for the support of such institutions, unless the present incumbents or their successors shall of their own free will and accord, agree to accept waste lands in lieu of the said pensions, and that no pensions which are declared to be hereditary either by the terms of the grant or by any existing regulation, shall be commuted without the consent of the present pensioners or their successors.The first proviso has been quoted as containing an abstract Rule that pensions for the support of the institutions therein described shall be continued in perpetuity, but considering the whole scope of the Section, it seems to me rather to mean that so long as the allowances are continued by the pleasure of Government, they shall be continued in the shape of money payments, unless the incumbent for the time being consents to a commutation for land.So also in respect of pensions which, in consideration of the terms of the grant, the Government may hereafter continue to the heirs of present incumbents. These shall likewise be continued in the shape of money payments, unless with the consent of the heirs to whom it is continued, it shall be commuted for land.The same Rule to apply to pensions declared hereditary by the Regulation i.e., those described in Section 2, Regulation XXXIV, 1795, and Section 2, Regulation XXIV, 1803, which are declared to be property, and liable to be used for and inherited as such, and are distinct from the gratuitous pensions.Suppose, then a case in which the grant was not hereditary by the terms of it but which the Government thought it right to continue to the heir of a deceased incumbent, they might insist on his taking land in lieu of it or renouncing all claim to the allowance.Sections 2 and 3, Regulation XI, 1813, enact that all pensions shall be stopped until those receiving them prove that they are either the original grantees, or that they have been regularly declared entitled to succeed to the enjoyment of the pensions, and that new registers shall be made and corrected as often as any pensions revert wholly or in part to Government, or whenever other individuals than those by whom the pensions are at present received, shall be adjudged entitled to the reversion of them.So far, then as the law is concerned, it appears to me that the continuance or discontinuance of any pension or allowance on the death of an incumbent rests entirely in the discretion of Government, that when continued it should be for the life of the applicant only.In practice, I believe, the Government has very much fettered itself in the exercise of this discretion.XXV. Distribution of pensions. - As a Rule, the distribution of pensions is irrespective of Hindu or Muhammadan law, and dependent on the pleasure of the Government only.In cases where the original grant of a pension to two or more persons was joint and undivided, the survivor or survivors shall be considered entitled to retain only an exact half, or a lesser share, according to circumstances of the whole sum without reference to sex.XXVI. Grant of certificate. - Notwithstanding anything contained in Rule XXV when the grant was of a specific sum annually, payable in perpetuity and unconditionally, the district officer may, with the sanction of the Commissioner and the Board, grant a certificate to the civil court under Section 6 of the Pensions Act, XXIII of 1871, where the question at issue is the right of one or other of two parties to receive any portion of such grant.