211. 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 3***, at the instance 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 3*** also to pensions granted or continued5
, after the separation of Burma from
India, by the Government of Burma.]
12. Assignments, &c., 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.
6
[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.]
1. Subs. by the A.O. 1937, for “Local Government.”
2. See also s. 60, clause (g) of the Code of Civil Procedure 1908 (Act 5 of 1908).
3. The words “in Part A States and Part C States” omitted by the Adaptation of Laws (No. 2) Order, 1956. The words and letters
“Part A States and Part C States” were subs. by the A.O. 1950, for “the Provinces” which had been subs. by the A.O. 1948, for
“British India”.
4. Ins. by the A. O. 1937 (w.e.f. 1-4-1937).
5. I.e., on or after the1st April, 1937.
6. Ins. by Act 20 of 1982, s. 3.
5
13. Reward to informers.—Whoever proves to the satisfaction of the 1
[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.—2
[In each State] the Chief 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:—
(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 local 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]
3
[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.]
1.Subs. by the A.O. 1937, for “L.G”.
2.Ins., ibid.
3.Ins. by Act 20 of 1982, s. 3.
6
[SCHEDULE.]Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.