Pensions Act, 1871

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1
 
of 
5
 
 
 
 
 
 
 
THE PENSIONS ACT, 1871
 
 
 
 
 
CONTENTS
 
 
 
PREAMBLE
 
 
 
CHAPTER I
 
 
PRELIMINARY
 
 
1.
 
 
 
Short title.
 
Extent of Act
 
 
2. 
 
Enactments repealed. Saving of Rules.
 
 
3. 
 
Interpretation section.
 
 
3A. 
 
Definition.
 
CHAPTER II
 
RIGHTS TO PENSIONS
 
 
4. 
 
Bar of suits relating 
to pensions.
 
 
5. 
 
Claims to be made to collector or other authorized officer.
 
 
6. 
 
Civil Court empowered to take cognizance of such claims.
 
 
7. 
 
Pensions for lands held under grants in perpetuity.
 
 
 
CHAPTER III
 
MODE OF PAYMENT
 
 
8. 
 
Payment to be made by Co
llector or other authorized officer.
 
 
9. 
 
Saving of rights of grantees of land
-
revenue.
 
 
10. 
 
Commutation of pension.
 
CHAPTER IV
 
MISCELLANEOUS
 
 
11. 
 
Exemption of pension from attach
ment. 
 
 
12. 
 
Assignments etc., in anticipation of pension, to be void.
 
 
13
. 
 
Reward to informers.
 
 
14. 
 
Power to make rules.
 
SCHEDULE
.
 
—
[
Repealed
]
 
 

 
Page 
2
 
of 
5
 
 
THE
 
PENSIONS
 
ACT,
 
1871
 
 
1
Act
 
No.
 
XXIII
 
OF
 
1871
 
 
 
[
8
th
 
August,
 
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:
___
 
 
PRELIMINARY
 
 
 
1.
 
Short
 
title.
 
This
 
Act
 
may
 
be
 
called
 
the
 
Pensions
 
Act,
 
1871.
 
 
 
Extent of Act. 
2
[It extends to the whole of Pakistan];
 
 
 
3
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*
            
 
*
          
 
*
          
 
 
*
           
 
 
*
           
 
*
 
 
 
4
*
          
 
*
            
 
*
           
 
*
          
 
*
           
 
 
* 
            
*
 
 
 
2.
 
[Enactments repealed. Saving 
of Rules] Rep. by the Re
pealing Act, 
1938 
(I of 
1938).
 
 
 
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.
 
 
 
5
[
3A
. 
Definition. 
The expression "the appropriate Government’’ means, in relation to 
6
[Federal] pensions, the 
7
[Federal Government] and in relation to other pensions, the Provincial 
Government]
.
 
 
1
For
 
Statement
 
of
 
Objects
 
and
 
Reasons,
 
see
 
Gazette
 
of
 
Indi
a,
 
1871,
 
Pt.
 
V,
 
p.
 
141;
 
for
 
Proceedings
 
in
 
Council,
 
see
 
ibid.,
 
1871,
 
Supplement,
 
pp.
 
314,
 
401,
 
683,
 
1056,
 
and
 
1147.
 
This
 
Act
 
has
 
been
 
declared
 
in
 
force
 
in
 
Baluchistan
 
by
 
the
 
British
 
Baluchistan
 
Laws
 
Regulation,
 
1913
 
(2
 
of
 
1913),
 
s.3.
 
It
 
has
 
been
 
applied
 
to
 
Phulera
 
in
 
the
 
Excluded
 
Area
 
of
 
Upper
 
Tanawal
 
to
 
the
 
extent
 
the
 
Act
 
is
 
applicable
 
in
 
the
 
N.W.F.P.,
 
subject
 
to
 
certain
 
modifications;
 
and
 
extended
 
to
 
the
 
Excluded
 
Area
 
of
 
Upper
 
Tanawal
 
(N.W.F.P.)
 
other
 
than
 
Phulera
 
with
 
effect
 
from
 
such
 
date
 
and
 
subject
 
to
 
 
such
 
modifications
 
as
 
may
 
be
 
notified;
 
see
 
N.W.F.P.
 
(Upper
 
Tanawal)
 
(Excluded
 
Area)
 
Laws
 
Regulation,
 
1950.
 
It
 
has
 
been
 
extended
 
to
 
the
 
Leased
 
Areas
 
of
 
Baluchistan,
 
see
 
the
 
Leased
 
Areas
 
(Laws)
 
Order,
 
1950
 
(G.G.O.
 
3
 
of
 
1950);
 
and
 
applied
 
in
 
the
 
Federated
 
A
reas
 
of
 
Baluchistan,
 
see
 
Gazette
 
of
 
India,
 
1937,
 
Pt.
 
I,
 
p.
 
1499.
 
This
 
Act
 
has
 
been
 
extended
 
to
 
the
 
Baluchistan
 
States
 
Union,
 
see
 
the
 
Balu
chistan
 
States
 
Union
 
(Federal
 
Laws)
 
(Extension)
 
Order,
 
1953
 
(G.G.O.
 
4
 
of
 
1953),
 
as
 
amended
 
by
 
the
 
Baluchistan
 
States
 
U
nion
 
(Federal
 
Laws)
 
(Extension)
 
(Second
 
Amendment)
 
Order,
 
1953
 
(G.G.O.
 
19
 
 
of
 
1953).
 
It
 
has
 
also
 
been
 
extended
 
to
 
the
 
Khairpur
 
State,
 
see
 
G.G.O.
 
5
 
of
 
1953,
 
as
 
amended
 
by
 
G.G.O.
 
24
 
of
 
1953.
 
This
 
Act
 
has
 
been
 
extended
 
to
 
the
 
State
 
of
 
Bahawalpur,
 
see
 
the
 
Baha
walpur
 
(Extension
 
of
 
Federal
 
Laws)
 
Order,
 
1953
 
(G.G.O.
 
11
 
of
 
1953).
 
This
 
Act
 
and
 
all
 
rules,
 
notifications,
 
declarations,
 
resolutions
 
and
 
orders
 
made
 
under
 
it,
 
have
 
been
 
extended
 
to
 
the
 
State
 
of
 
Bahawalpur,
 
See
 
the
 
Bahawalpur
 
(Extension
 
of
 
Federal
 
Laws)
 
Ord
er,
 
1953
 
(G.G.O.11
 
of
 
1953).
 
2
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), section 3 and 2nd Sch., for "It extends to [all the 
Provinces and the capital 
of the Federation]". The words in crotchets were subs., for "the whole of B
ritish India" by A.O., 1949, Arts. 3(2) and 4.
 
3
The words "And it shall come into force on the date of the passing thereof" rep. by the Repealing and Amending Act, 1914 (10 
of 1914).
 
4
The words "but not so as to affect any suit in respect of a pension or g
rant of money or land
-
revenue which may have been instituted before such date" 
rep. by the Amending Act. 1891 (12 of 1891).
 
5
Section 3A ins. by A.O., 1937.,
 
6
Subs. by F.A.O., 1975 Art. 2 and Table, for "Central" which was subs. by A. 0., 1964, Art. 2 and S
ch., for "federal".
 
7
Subs. by F.A.O., 1975, Art 2 and Table, for "Central Government".
 
 
 
 
 
 
Page 
3
 
of 
5
 
 
II.
—
RIGHTS
 
TO
 
PENSIONS
 
 
 
4.
 
Bar
 
of
 
suits
 
relating
 
to
 
pensions.
 
Except
 
as
 
hereinafter
 
provided,
 
no
 
Civil
 
Court
 
shall
 
entertain
 
any
 
suit
 
relating
 
to
 
any
 
pension
 
or
 
gra
nt
 
of
 
money
 
or
 
land
-
revenue
 
conferred
 
or
 
made
 
by
 
the
 
1
[Federal
 
Government]
 
or
 
any
 
Provincial
 
Government
 
or
 
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
 
claim
 
relating
 
to
 
any
 
such
 
pension
 
or
 
grant
 
may
 
prefer
 
such
 
claim
 
to
 
the
 
Collector
 
of
 
the
 
Distric
t
 
or
 
Deputy
 
Commissioner
 
or
 
other
 
officer
 
authorized
 
in
 
this
 
behalf
 
by
 
the
 
2
[appropriate
 
Government];
 
and
 
such
 
Collector,
 
Deputy
 
Commissioner
 
or
 
other
 
officer
 
shall
 
dispose
 
of
 
such
 
claim
 
in
 
accordance
 
with
 
such
 
rules
 
as
 
the
 
Chief
 
Revenue
-
authority
 
may,
 
sub
ject
 
to
 
the
 
general
 
control
 
of
 
the
 
2
[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
 
cl
aim
 
upon
 
receiving
 
a
 
certificate
 
from
 
such
 
Collector,
 
Deputy
 
Commissioner
 
or
 
other
 
officer
 
authorized
 
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
—
 
 
 
3
*
          
 
*
         
 
*
         
 
*
         
 
*
          
 
*
         
 
*
 
 
 
4
pensions her
etofore granted by Government in 
5
[the territories subject to the Lieutenant 
Governor of Bengal], 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 i
n 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.
 
 
III.
—
MODE OF PAYMEN
T
 
 
 
8
. 
Payment to be made by Collector or other authorized officer. 
All pensions or grants by 
Government of money or land
-
revenue shall be paid by the Collector or the Deputy Com
missioner or 
other authorized officer, subject to such rules as may, from ti
me to time, be prescribed by the Chief 
Controlling Reve
nue
-
authority.
 
 
 
9. Saving of rights of grantees of land
-
revenue.
 
Nothing in sections 4 and 8 shall affect the 
right of a grantee of land
-
revenue, whose claim to such grant is admitted by Government, 
to recover 
such revenue from the persons liable to pay the same under any law for the time being in force for 
the recovery of the rent of land.
 
 
1
Subs.
 
ibid.,
 
for"
 
Central
 
Government"
 
which
 
had
 
been
 
subs.
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Act,
1951
 
(26
 
of
 
1951),
 
s.
 
4
 
and
 
III
 
Sch.,
 
for
 
"British".
 
2
Subs.
 
by
 
A.
 
O.,
 
1937,
 
for"
 
L.
 
G".
 
3
Clause (1) omitted by A. 0., 1949, Sch.
 
4
The number and brackets "(2)" omitted, 
ibid.
 
5
Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 
4 and III Sch., for “The territories respectively subject to the 
Lieutenant 
-
Governor of the Noth
-
Western Province.”
 
 
 
Page 
4
 
of 
5
 
 
 
10.
 
Commutation
 
of
 
pension.
 
The
 
1
[appropriate
 
Government]
 
may,
 
with
 
the
 
consent
 
of
 
the
 
holder,
 
order
 
the
 
whole
 
or
 
any
 
part
 
of
 
his
 
pension
 
or
 
grant
 
of
 
money
 
or
 
land
-
revenue
 
to
 
be
 
commuted
 
for
 
a
 
lump
 
sum
 
on
 
such
 
terms
 
as
 
may
 
seem
 
fit.
 
 
IV.
—
MISCELLANEOUS
 
 
 
2
11.
 
Exemption
 
of
 
pension
 
from
 
attach
ment.
 
No
 
pension
 
granted
 
or
 
continued
 
by
 
Government
 
on
 
political
 
considerations,
 
or
 
on
 
account
 
of
 
pas
t
 
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
 
3
[Pakistan],
 
at
 
the
 
instanc
e
 
of
 
a
 
creditor,
 
for
 
any
 
demand
 
against
 
the
 
pensioner,
 
or
 
in
 
satisfaction
 
of
 
a
 
decree
 
or
 
order
 
of
 
any
 
such
 
Court.
 
 
 
4
[This section applies in 
5
[Pakistan] also to pensions granted or continued, 
6
after the 
separation of Burma from India, by the Government of
 
Burma.]
 
 
 
12.
 
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, pay or 
allowance mentioned in section 11, in respect of any money n
ot payable at or before the making 
thereof, on account of any such pension, pay or allowance, or for giving or assigning any future 
interest therein, are null and void.
 
 
 
13.
 
Reward to informers. 
Whoever proves to the satisfaction of the 
1
[appropriate 
Gove
rnment] that any pension is fraudulently or unduly received by the person enjoying the benefit 
thereof shall be entitled to a reward equivalent to the amount of such pension for the period of six 
months.
 
 
 
14. Power to make rules. 
4
[In each Province] the C
hief Controlling Revenue authority may, 
with the consent of the 
1
[appropriate Government], from time to time make rules consistent with this 
Act respecting all or any of the following matters:
—
 
 
(l) 
 
the place and times at which, and the person to whom, a
ny pension shall be 
paid;
 
 
(2) 
 
injuries into the identity of claimants;
 
 
(3) 
 
records to be kept on the subject of pensions;
 
 
(4) 
 
transmission of such records;
 
 
(5) 
 
correction of such records;
 
 
(6) 
 
delivery of certificates to pensioners;
 
 
(7) 
 
register
s of such certificates;
 
 
1
Subs.
 
by
 
A.
 
0.,
 
1937,
 
for
 
“L.
 
G.”.
 
2
See
 
also
 
s.
 
60,
 
clause
 
(g)
 
of
 
the
 
Code
 
of
 
Civil
 
Procedure,
 
1908
 
(Act
 
5
 
of
 
1908).
 
3
Subs.
 
by
 
the
 
Central
 
Laws
 
(Statute
 
Reform)
 
Ordinance,
 
1960
 
(21
 
of
 
1960),
 
section
 
3
 
and
 
2nd
 
Sch,
 
(with
 
effect
 
fro
m
 
the
 
14th
 
October,
 
1955),
 
for"
 
the
 
Pro
vinces
 
and
 
the
 
Capital
 
of
 
the
 
Federation"
 
which
 
was
 
subs.,
 
for
 
"British
 
India"
 
by
 
A.
 
O.,
 
1949.
 
Arts,
 
3(2)
 
and
 
4.
 
4
Ins. by A. 0., 1937.
 
5
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 an
d 2nd Sch. (with effect from the 14th October, 1955), for" the 
Provinces and the Capital of the Federation" which was subs., for "British India" by A. 0., 1949, Arts. 3(2) and 4. 
3
I.e., 
on or after the 1st April, 1937.
 
 
 
 
 
Page 
5
 
of 
5
 
 
(8)
 
 
reference
 
to
 
the
 
Civil
 
Court,
 
under
 
section
 
6,
 
of
 
persons
 
claiming
 
a
 
right
 
of
 
succession
 
to,
 
or
 
participation
 
in,
 
pensions
 
or
 
grants
 
of
 
money
 
or
 
land
-
revenue
 
payable
 
by
 
Government;
 
 
 
and
 
generally
 
for
 
the
 
guidance
 
of
 
officers
 
under
 
this
 
Act.
 
 
 
All
 
such
 
rules
 
shall
 
be
 
published
 
in
 
the
 
1
[official
 
Gazette],
 
and
 
shall
 
thereupon
 
have
 
the
 
force
 
of
 
law.
 
 
 
SCHEDULE
.
—
[Rep.
 
by
 
the
 
Repealing
 
Act,
 
1938
 
(I
 
of
 
1938).]
 
 
 
 
___________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024
 
1
Subs.
 
by
 
A.
 
O.,
 
1937,
 
for"
 
local
 
official
 
Gazette".