#THE PENSIONS’ ACT, 1871
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##ARRANGEMENT OF SECTIONS 
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PREAMBLE 

###I.—PRELIMINARY

SECTIONS 

1.  Short title. 
Extent of Act. 

2.  [Repealed.]. 

3.  Interpretation-Section. 

3A. Definition. 

###II.—RIGHTS TO PENSIONS 

4. Bar of suits relating to pensions. 

5. Claims to be made to collector or authorised officer. 

6. Civil Court empowered to take cognizance of such claims. 

7. Pensions for lands held under grants in perpetuity. 

###III.—MODE OFPAYMENT 

8. Payment to be made by Collector or other authorised officer. 

9. Saving of rights of grantees of land-revenue. 

10. Commutation of pensions. 

###IV.—MISCELLANEOUS 

11. Exemption of pension from attachment. 

12. Assignments, etc., in anticipation of pension, to be void. 

12A.Nomination by pensioner to receive moneys outstanding on account of pension. 

13. Reward to informers. 

14. Power of Central Government to make rules. 

15. Power of Central Government to make rules. 

16. Laying of rules. 

[SCHEDULE.][*Repealed*.].
 
 
 
#THE PENSIONS’ ACT, 1871 

##ACT NO. 23 OF 1871 

[8th 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:— 

###I.—PRELIMINARY 

1. **Short title.**—This Act may be called the [^1]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 the territories 
which, immediately before the 1st November, 1956, were comprised in Part B States.

###STATE AMENDMENT

**Karnataka**

In section 1, for the entry under the heading “Extent of Act”, the following entry shall be substituted, 
namely:- 

“It extends to the whole of the State of Karnataka.” 

[Vide Karnataka Act 23 of 1979, s. 4] 

2.[*Enactments  repealed.Saving  ofRules.]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.—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  grant  of  money  or  land -revenue  conferred  or 
made by 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.



[^1]. It has been amended in its application to U. P. by U. P. Act 12 of 1922. Rep. in part in West Bengal by West Bengal Act 7 of 
1948 .

The Act has been extended to  the Union territories and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 
and the First Schedule (w.e.f. 1-7-1965) and extended to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 
and the Schedule (w.e.f. 1-10-1967). 

The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.

 

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  District 
or Deputy  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. 

###STATE AMENDMENT 

**Karnataka**

**Amendment of section 5.**-In section 5, of the words, “Any person having a claim”, the words “Save 
as otherwise provided in any law or any rule regulating payment of pension to persons appointed to public 
services  and  posts  in  connection  with  the  affairs  of  the  State,  any  person  having  a  claim”  shall  be 
substituted and for the words “as the Chief Revenue Authority may, subject to the general control of the 
appropriate Government”, the words “as the appropriate Government may” shall be substituted; 

[*Vide* Karnataka Act 23 of 1979, s. 4] 

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 1862 [^2]; 

(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. 

###III.—MODE OF PAYMENT 

8. **Payment to be made by Collector or other authorised officer.**—All pensions  or  grants  by 
Government  of  money  or  land-revenue  shall  be  paid  by  the  Collector  or  the  Deputy  Commissioner  or 
other  authorized  officer,  subject  to  such  rules  as  may,  from  time  to  time,  be  prescribed  by  the  Chief 
Controlling Revenue-authority. 

###STATE AMENDMENT 

**Karnataka**

**Amendment of section 8.**- In section 8, for the words “All pensions or grants” the words “Save  as 
otherwise provided in any law or any rule regulating grant and payment of pension to persons appointed 
to  public  services  and  posts  in  connection  with  the  affairs  of  the  State,  all  pensions  or  grants,  shall  be 
substituted  and  for  the  words  “Chief  Controlling  Revenue  Authority”  the  words  “appropriate 
government” shall be substituted; 

[Vide Karnataka Act 23 of 1979, s. 4] 



[^2]. I.e., “inams of the classes described in clase 1, s. 2, [Mad.] Regulation 4 of 1831, which have been, or shall be, enfranchised by 
the Inam Commissioner and converted into freeholds in perpetuity, or into absolute freeholds in perpetuity”.  The classes so 
described are “hereditary or personal grants of money or of land-revenue, however, denominated, conferred by the authority of 
the Governor in Council [or which, having been made by any Native Govt. have been confirmed or continued by the British 
Govt.—Act  31  of  1836]  in  consideration  of  services  rendered  to  the  State  or  in  lieu  of  resumed  offices  or  privileges,  or  of 
zamindaris  or  paleiyams  forfeited  or  held  under  attachment  or  management  by  the  officers  of  Govt.,  or  as  a  yaumia  or 
charitable allowance, or as a pension”.

 

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. 

10. **Commutation of pensions.**—The 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 

11. **Exemption of pension from attachment.**—No  pension  granted  or  continued  by  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 at the instance of a 
creditor, for, any demand against the pensioner, or in satisfaction of a decree or order of any such Court.

This section applies also to pensions granted or continued, 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 not 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. 

12A. **Nomination  by  pensioner  to  receive  moneys  outstanding  on  account  of  pension.**—
Notwithstanding anything contained in section 12 or in any other law for the time being in force,—  

  (a) any person to whom any pension mentioned in section 11 is payable by the Government of 
India  or  out  of  the  Consolidated  Fund  of  India  (such  person  being  hereinafter  referred  to  as  the 
pensioner) may nominate any other person (hereinafter referred to as the nominee), in such manner 
and in such form as may be prescribed by the Central Government by rules, to receive after the death 
of the pensioner, all moneys payable to the pensioner on account of such pension at, before or after 
the date of such nomination and which remain unpaid immediately before the death of the pensioner; 
and 

  (b) the nominee shall be entitled, on the death of the pensioner, to receive, to the exclusion of all 
other persons, all such moneys which have so remained unpaid: 

Provided that if the nominee predeceases the pensioner, the nomination shall, so far as it relates to the 
right conferred upon the said nominee, become void and of no effect: 

Provided further that where provision has been duly made in the nomination, in accordance with the 
rules made by the Central Government, conferring upon some other person the right to receive all such 
moneys, which have so remained unpaid, in the event of the nominee predeceasing the pensioner, such 
right shall, upon the decease as aforesaid of the nominee, pass to such other person.

13. **Reward to informers.**—Whoever  proves  to  the  satisfaction  of  the appropriate Government 
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.**— In each State the Chief Controlling Revenue Authority may, with the 
consent of the appropriate Government, from time to time make rules consistent with this Act 
respecting all or any of the following matters:—  

(1) the place and times at which, and the person to whom, any pension shall be paid; 

(2) inquiries 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)  registers of such certificates; 

(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 Official Gazette, and shall thereupon have the force of law. 

###STATE AMENDMENT 

**Karnataka**

**Amendment of section 14.**- In section 14, for the words, “Chief Controlling Revenue Authority may 
with  the  consent  of  the  appropriate  Government”,  the  words  “appropriate  Government  may”  shall  be 
substituted. 

[Vide Karnataka Act 23 of 1979, s. 4] 

15. **Power of Central Government to make rules.**—The Central Government may, by notification 
in the Official Gazette, make rules to provide for all or any of the following matters, namely: — 

(a) the manner and form in which any nomination may be made under section 12A and the 
manner and form in which such nomination may be cancelled or varied by another nomination; 

(b) the  manner  in  which  provision  may  be  made,  for  the  purposes  of  the  second  proviso  to 
section 12A, in any such nomination for conferring on some person other than the nominee the right 
to receive moneys payable to the nominee if such nominee predeceases the pensioner. 

16. **Laying of rules.**—Every  rule  made  by  the  Central  Government  under  this  Act  and  every  rule 
made  under  section  14  by  a  Chief  Controlling  Revenue  Authority  with  the  consent  of  the  Central 
Government, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is 
in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more 
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses 
agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or 
be of no effect, as the case may be; so, however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule.

 
 
[SCHEDULE.] *Rep. by the Repealing Act*, 1938 (1 of 1938), s. 2 *and the Schedule*.

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