Rajasthan Pensions Act, 1958
No: 27 Dated: Jun, 16 1958
Rajasthan Pensions Act, 1958
Act No. 27 of 1958
An Act to consolidate and amend the law relating to State Pensions and grants of money made or payable by the State Government.
Be it enacted by the Rajasthan State Legislature in the Ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Pensions Act, 1958.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the subject or context otherwise requires,-
(i) "grant of money" includes any amount payable on the part of the State Government in respect of any right, privilege, perquisite or office, but does not include a cash jagir to which the Rajasthan Cash Jagirs Abolition Act, 1958, applies;
(ii) "State" or "State of Rajasthan" means the new State of Rajasthan as formed by section 10 of the States Reorganization Act, 1956 (Central Act 37 of 1956).
3. Bar of suits relating to pensions and grants. - No civil shall, except as hereinafter provided, entertain any suit relating to any pension or grant of money conferred or made by the State Government or by any of its predecessor Governments, 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 grant may have been substituted.
4. Claims to be made to Collector or other authorised officer. -Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the district or other officer authorised in this behalf by the State Government; and such Collector or other officer shall dispose of such claim in accordance with such rules as the State Government may from time to time prescribe in this behalf.
5. When civil court competent 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 the Collector of the district, or other officer authorised in that behalf by the State Government, to the effect that the case may be so tried but shall not make any order or decree in any suit whatever, by which the liability of the State Government to pay any such pension or grant as aforesaid is affected directly or indirectly.
6. Mode of payment. - All State pensions or grants of money shall be paid by the Collector or other officer authorised by the State Government in this behalf, subject to such rules as may, from time to time, be made by the State Government,
7. Commutation of pensions and grants. - The State Government may with the consent of the holder, order the whole or any part of his pension or grant of money to be commuted for a lump sum on such terms as may deem fit.
8. Exemption of pension from attachment. - No pension granted or continued by the State Government on political considerations or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any court in the State, at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such court.
9. Assignments etc. in anticipation of pension to be void. - All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension or allowance mentioned in section 8 in respect of any money not payable at or before the making thereof on account of such pension or allowance, or for giving or assigning any future interest therein, are null and void.