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 10[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The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.
2.Subs. by Act 20 of 1982, s. 2, for “It extend”.
3.Subs. by the A.O.1950, for “all the Provinces of India” which had been subs. by the A.O.1948, for “the whole of British India”.
4.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
5.The words “And it shall come into force on the date of the passing thereof” rep. by Act 10 of 1914, s. 3 and the Second
Schedule.
6.The words “but not so as to affect any suit in respect of a pension or grant of money or land-revenue which may have been
instituted before such date” rep. by Act 12 of 1891, s. 2 and the First Schedule.
7.Ins. by the A.O. 1937 (w.e.f. 1-4-1937).
8.Sub. by the A.O. 1950, for “federal” (w.e.f. 26-1-1950).
9. Subs. by the A.O. 1950, for “Provincial Government”.
10.Subs. by the A.O. 1950, as amended by C.O. 29, for “British or”.
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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 authorized in this behalf
by the 1
[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 the 1
[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 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—
(1) any inam of the class referred to in the first section of Madras Act No. IV of 18622
;
(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.