Pensions Act, 1871
No: 23 Dated: Aug, 08 1871
THE PENSIONS’ ACT, 1871
ACT NO. 23 OF 1871
An Act to consolidate and amend the law relating to Pensions and Grants by Government of money or land-revenue.
Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to pensions and grants by Government of money or land-revenue; it is hereby enacted as follows:—
I.—PRELIMINARY
1. Short title.—This Act may be called the Pensions’ Act, 1871.
Extent of Act.—In so far as it relates to Union pensions, it extends to the whole of India and in so far as it relates to other pensions, it extends] to [the whole of India except [theterritories which, immediately before the 1st November, 1956, were comprised in Part B States]].
2.[Enactments repealed.Saving ofRules.] Rep. by the Repealing Act, 1938(1 of 1938), s. 2 and the Schedule.
3. Interpretation-section.—In this Act, the expression “grant of money or land-revenue” includes anything payable on the part of Government in respect of any right, privilege, perquisite or office.
[3A.Definition.—The expression “the appropriate Government” means, in relation to [Union] pensions, the Central Government, and in relation to other pensions, the State Government.]
II.—RIGHTSTO PENSIONS
4. Bar of suits relating to pensions.—Except as hereinafter provided no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or madeby the [Government or by] any former Government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted.
5. Claims to be made to collector or other authorized officer.— Any person having a claimrelating to any such pension or grant may prefer such claim to the Collector of the District orDeputy Commissioner or other officer authorized in this behalf by the[appropriate Government], and such Collector, Deputy Commissioner or other officer shall dispose of such claim inaccordance with such rules as the Chief Revenue authority may, subject to the general control of the [appropriate Government], from time to time prescribe in this behalf.
6. Civil Court empowered to take cognizance of such claims.—A Civil Court, otherwise competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authorised in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly.
7. Pensions for lands held under grants in perpetuity.—Nothing in sections 4 and 6 applies to—
(1) anyinam of the class referred to in section 1 of Madras Act No. IV of 18622 ;
(2) pensions heretofore granted by Government in the territories respectively subject to the Lieutenant-Governors of Bengal and the North-Western Provinces, either wholly or in part as an indemnity for loss sustained by the resumption by a Native Government of lands held under sanads purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death of the recipient, but every such pension shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property.