[Cites 0, Cited by 1]
[Entire Act]
Union of India - Section
Section 19 in The Pensions Act, 1871
19.
/848Statement of Objects and Reasons.-The law relating to pensions is at present distributed over nine Regulations of the Bengal, three Regulations of the Madras, and two Regulations of the Bombay Codes, as well as three Acts of the Governor-General in Council.The main provision of the law as expressed in the Bengal Regulations XXIV, 1793, section 17, XXXIV, 1795, section 14, XXIV, 1803, section 16 and VI, 1817, and the Madras Regulation IV, 1831. Section 2, is the reservation to Government of the right to determine on all claims to the continuance of pensions, and the exclusion of the jurisdiction of the ordinary Courts of judicature in regard to such claims.In the Bombay Presidency, under the operation of Regulations XXIX, 1827, and VII, 1830, the Civil Courts are barred from the cognizance of suits to enforce such claims throughout the Dekhan Khandesh and the South Mahratta Country.The Bengal Regulations, though expressly applicable only to Bengal and the North-Western Provinces, are practically in force throughout the more recently acquired Provinces; hence the law as above described applies to all India, except a portion of the Bombay Presidency.Within this excepted country the Civil Courts have in more than one instance assumed jurisdiction in such cases.The principle on which that jurisdiction is elsewhere disallowed is founded on perfectly equitable considerations, and is therefore, fit for uniform application. It is in effect the assertion of the right of the State to reserve to itself the power of granting or withholding at pleasure concessions which are made gratuitously and without consideration.The object of the proposed legislation, therefore, is (first) to consolidate the existing law, excluding all those provisions which are either obsolete or ill-adapted for enactment in detail; and (second) to extend the law so re-enacted to the whole of British India.Amendment Act 20 of 1982-Statement of Objects and Reasons.-The Pensions Act, 1871 applies both to Union pensions and State pensions. Insofar as State pensions are concerned, State Legislatures alone have competence to make amendment to the Act.2. The Act does not extend to the territories which immediately before the 1st November, 1956 were comprised in Part B States. Hence pensioners in these territories cannot avail of the protection provided in section 11 of the Act against seizure, attachment or sequestration by process of any Court at the instance of a creditor. It is, therefore, proposed to amend section 1 of the Act so that the provisions of the Act, insofar as they relate to Union pensions, extend to the whole of India.3. In view of section 12 of the Act, at present it is not possible for a pensioner to nominate someone, who may receive payment of arrears of pensions remaining undrawn at the time of the death of the pensioner. It has been represented that in the absence of a provision enabling the making of such nominations, the heirs of deceased pensioners are put to undue hardship as they have to obtain succession certificates for the purpose of claiming such arrears. It is, therefore, proposed to insert a new section to enable pensioners to make such nominations and it is also proposed to confer powers on the Central Government to make rules regarding the manner and the form in which such nominations may be made. These provisions will apply only in relation to Union pensions.[8th August, 1871]An Act to consolidate and amend the law relating to Pensions and Grants by Government of money or land revenue.| This Act has been extended to the new Provinces and the Merged States by the Merged States (Laws) Act (59 of 1949) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act (30 of 1950). Manipur and Tripura are full-Fledged States now, see Act 81 of 1971.It has been extended to the transferred territory in the State of Tamil Nadu by Tamil Nadu Act (23 of 1960).It has also been extended to the Union Territory of Dadra and Nagar Haveli by Regulation (6 of 1963) and to the Union territory of Laccadive, Minicoy and Amindivi Islands by Regulation (8 of 1965). These islands are now known as Lakshadweep, see Act 34 of 1973.The Act has now been extended and amended in Karnataka, see Karnataka Act 23 of 1979. Act has been adapted in Meghalaya, see Meghalaya A.L.O. (No. 3), 1973. |