S.1 Short title and extent

       This Act may be called the Pensions Act, 1871.
       1[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
       2Karnataka
       In section 1 of the principal Act under heading "Extent of the", the words. "It extends to the whole of the state of Karnataka" shall be substituted2.
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       1. Substituted by Act 20 of 1982, section 2, for the words "it extends" (w.e.f. 18th May, 1982).
       2. Vide Kar

S.2 .

[Repealed]

S.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.

S.3(a) Definition

The expression "the appropriate Government" means, in relation to Union Pensions, the Central Government, and in relation to other pensions, the State Government.

S.4 Bar of suit 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.

S.5 Claims to be made to Collector, Deputy Commissioner 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 authorised in this behalf by the1[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, subject to the general control of the2[appropriate Government], from time to time prescribe in this behalf.
       STATE AMENDMENTS
       3Karnataka
       In section 5 of the Principal Act:
       (i) For 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

S.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 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.

S.7 Pensions for lands held under grants of perpetuity

       Nothing in Sections 4 and 6 applies to--
       (1) any inam of the class referred to in section 1 of the Madras Act No. IV of 1862.
       (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 pensions shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property.

S.8 Payment to be made by Collector, Deputy Commissioner or other authorized 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 AMENDMENTS
       1Karnataka
       In section 8 of the Principal Act:--
       (i) 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 officers of the State, all pensions or grants ", shall be substituted.
       (ii) For the words "Chief Controlling Revenue Authority" the words "appropriate Government" shall be su

S.9 Saving of rights of a grantee 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 the 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.

S.10 Commutation of pensions

       The1[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 deem fit.
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       1. Substituted by A.0. 1937, for the words "Local Government".

S.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.

Legal Comments

• Section 11 - Exemption of pension from attachment - Pension cannot be seized or attached by creditors when paid by Government on grounds of past service or political considerations, including money due or to become due on account of such pension - [Pensions Act, 1871 - Section 11]
• Section 11 - Jurisdictional protection - Civil Courts cannot entertain suits or decrees to compel payment of pension or attach pension money; remedy typically via statutory channels, not civil suits - [Pensions Act, 1871 - Section 4, 11; Union of India v. Wing Commander Hingorani]
• Attachment vs. post-receipt status - Pension remains non-attachable while in the hands of the pensioner; once disbursed or deposited in account, issues of attachment may depend on whether funds retain the character of pension - [Union of India v. Jyoti Chit Fund; Wing Commander Hingorani; 1990s precedents]
• Commutation of pension and Section 11 - Commuted pension is generally protected under Section 11; cases hold that money due under commutation remains within protection, i.e., not attachable in execution - [Biharilal Sori VS State of M. P. ; B. K. Dhingra VS Union Of India; In Re: Igustins Rohdirick VS . ]
• Provident funds and related deposits - Provisions of Provident Funds Act and Code 60(1)(g) provide broad protections; pension-related funds and gratuities secured by government funds retain protection until they reach the pensioner - [Sathiyabama & Others VS M. Palanisamy & Others; A. Pandiamma VS Secretary to the Government, Finance (Pension) Department, Chennai; Purusottam Sinha VS Satyendra Chandra Ghose Moulik]
• Political pensions and family pensions - Political pensions and family pensions generally enjoy non-attachment status under Section 11 and CPC provisos; but some decisions distinguish between pension itself and government dues or other recoveries - [Biharilal Sori VS State of M. P. ; STATE OF MADHYA PRADESH VS PT. LALITA SHANKAR; A. Pandiamma VS Secretary to the Government, Finance (Pension) Department, Chennai]
• Jurisdictional carve-outs for Part-B States and territorial variations - Section 1 has been amended to exclude Part-B States territories from blanket application; family pensions within those zones may follow state rules (e.g., Kerala, Tamil Nadu) - [Abdul Sathar, S/o. Mohammed Kunju VS Pathimuthu, D/o. Kunjasan; Kumara Tirumalai Naik VS Bangaru Tirumalai Sauri Naik And]
• Bankers’ lien vs. statutory protection - Banks’ general lien cannot defeat pension exemptions when funds are expressly earmarked as pension; once pension funds are in bank accounts, courts have held that attachment may be improper if funds remain pension-like until paid - [C. Radhakrishnan VS Chief Manager, State Bank Of India, Formerly Known As State Bank Of Travancore; Sathiyabama & Others VS M. Palanisamy & Others; M. Janakiramaiah VS Government Of A. P. ]
• Maintenance proceedings and pension exemptions - Courts frequently affirm that pension cannot be attached to satisfy maintenance debts; where maintenance arrears exist, other remedies may be pursued, but pension remains protected to extent of Section 11 and CPC provisos - [Rachhpal Singh VS Balwant Kaur; Gurcharan Singh VS Principal Commissioner of Income Tax-1]
• Family Court execution and attachment limits - Family Courts may order attachment for maintenance arrears only to the extent permitted (e.g., one year arrears) and must respect pensions’ non-attachment protections when applicable - [Amrik Singh VS Jannatpreet Singh]
• Limitations on attachment for tax or sovereign dues - Attachment of pension accounts for sovereign or tax dues may be permitted where exemptions under Section 11 do not apply; court will examine per governing statutes and stay/collection orders - [Gurcharan Singh VS Principal Commissioner of Income Tax-1]
• Insolvency context - Insolvency courts acknowledge Section 11 protections; however, attachment of pension or commuted pension is generally barred, with courts emphasizing statutory immunities and the trusteeship nature of government obligations - [Assrup Koer VS Luchmi Narain Singh; In Re: Igustins Rohdirick VS . ]
• Interpretation of “money due or to become due on account of pension” - The phrase has been interpreted to include both pension payments and amounts due under commutation; however, this interpretation remains bounded by Section 11’s shield - [Gurcharan Singh VS Principal Commissioner of Income Tax-1; B. K. Dhingra VS Union Of India]
• Exemption breadth and public interest - Pension exemptions align with constitutional protections and societal aims to prevent destitution; courts reiterate the need to protect pension as a welfare-right, subject to statutory modifiers and territorial rules - [K. R. Leela Bhai VS Indian Overseas Bank; C. Radhakrishnan VS Chief Manager, State Bank Of India, Formerly Known As State Bank Of Travancore]
• Civil Procedure Code proviso interaction - Proviso to CPC Section 60(1) lists categories exempt from attachment (including pensions, stipends, gratuities); these interact with Section 11 to preserve protection against creditors – [Bhagwant VS Radhika; Gurcharan Singh VS Principal Commissioner of Income Tax-1]
• Family pension recoveries in Tamil Nadu and Rule 49B - Family pension exemptions recognized under Pensions Act, Tamil Nadu Pension Rules; recoveries may be set aside if arbitrary or inconsistent with exemptions - [A. Pandiamma VS Secretary to the Government, Finance (Pension) Department, Chennai]
• Family members’ rights to exemptions - Spouses and dependents under specific pension rules may be entitled to exemptions similarly to primary pensioners, per Chandi Prasad Uniyal framework in Tamil Nadu rulings - [A. Pandiamma VS Secretary to the Government, Finance (Pension) Department, Chennai]
• Legislation cross-links with other acts - Pensions Act exemptions interact with Provident Funds Act, Public Premises Act, and Gratuity Act; courts assess compatibility to avoid improper deductions from pension or retirement benefits - [Union of India through the Chief Controller of Accounts VS Sarjerao Vithal Patil; Union Of India VS Wing Commander R. R. Hingorani (Retd. ); DHANRAJ VS STATE OF UTTAR PRADESH ]
• Practical guidance for creditors - When pursuing recovery, creditors should be mindful that pension and gratuity often remain protected until payment reaches the employee; attempting to attach or withhold may require alternative remedies or court orders consistent with Section 11 and CPC exemptions - [Sathiyabama & Others VS M. Palanisamy & Others; Rachhpal Singh VS Balwant Kaur; Bhagwant VS Radhika]
• Key caution for judicial approach - Courts consistently require strict adherence to Section 11 protections and avoid treating pension as property debatable for attachment; where doubt arises, rely on Supreme Court and High Court precedents to determine applicability - [Ram Kanie Mandal VS Gunesh Chunder Sen; STATE OF MADHYA PRADESH VS PT. LALITA SHANKAR]

S.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.

S.12(a) Nomination by pensioner to receive moneys outstanding on account of pension

       1[12-A. 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 forms 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 entit

S.13 Reward to informers

       Whoever proves to the satisfaction of the1[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.
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       1. Substituted by A.O., 1937, for the words "Local Government".

S.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

S.15 Power of Central Government to make rules

       1[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 12-A 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 12-A 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.
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       1. Inserted by Act 20 of 1982, section 3 (w.e.f.

S.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].

Sch.1 Repealed

       [Repealed].1
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       1. Vide Repealing Act, 1938.