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Pensions (India, Pakistan and Burma) Act 1955

As Enacted Cited authorities 9 Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
Citation1955 c. 22
Year1955


Pensions (India, Pakistan and Burma) Act, 1955

(3 & 4 Eliz. 2) CHAPTER 22

An Act to enable effect to be given to arrangements as to pensions and connected matters made or to be made between Her Majesty's Government in the United Kingdom and the Government of India or the Government of Pakistan, and to amend the law in relation to certain pensions and other benefits arising out of service in or connected with India, Pakistan or Burma.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Arrangements as to transfer of pension liabilities to Government of United Kingdom.

1 Arrangements as to transfer of pension liabilities to Government of United Kingdom.

(1) The arrangements between Her Majesty's Government in the United Kingdom and the Government of India embodied in the letters set out in the First Schedule to this Act are hereby approved, and—

(a ) anything which, under the said arrangements, falls to be done in relation to the pensions and benefits affected thereby by Her Majesty's Government in the United Kingdom shall be done by the Secretary of State;

(b ) any moneys required by the Secretary of State for discharging his functions under the preceding paragraph, whether for providing the pensions or benefits or for his administrative expenses, and any moneys otherwise payable by virtue of the said arrangements by Her Majesty's Government in the United Kingdom (other than moneys which, by virtue of the National Loans Act, 1939, fall to be paid out of the Consolidated Fund) shall be paid out of moneys provided by Parliament:

Provided that—

(i) the Secretary of State shall not vary the tables applicable to commutation of any of the said pensions except with the consent of the Treasury;

(ii) sections six and eight of the Pensions Commutation Act, 1871 (which relate to the provision by the National Debt Commissioners of moneys required for the commutation of pensions and to repayments to those Commissioners by means of terminable annuities paid out of moneys provided by Parliament) shall apply to commutations of the said pensions as they apply to commutations of pensions under that Act, so, however, that the person to whom any such certificate as is mentioned in the said section eight is to be notified shall be the Secretary of State.

In the proviso to this subsection references to commutation of pensions include references to commutation of portions of pensions.

(2) If any arrangements other than those embodied in the said letters are come to between Her Majesty's Government in the United Kingdom and the Government of India or the Government of Pakistan relating to the transfer to Her Majesty's Government in the United Kingdom of liability for or the administration of pensions and other benefits and to any related matters, the Secretary of State, with the consent of the Treasury, may by order direct that subsection (1) of this section shall apply in relation to those arrangements as it applies in relation to the arrangements embodied in the said letters.

S-2 Power of Secretary of State to make good Indian or Burman income tax deducted from pensions.

2 Power of Secretary of State to make good Indian or Burman income tax deducted from pensions.

2. The Secretary of State may make good out of moneys provided by Parliament any income tax for which relief has not otherwise been given which is deducted under the law of India or the law of Burma from any pension which, under section two hundred and seventy-two of the Government of India Act, 1935, or section one hundred and twenty-six of the Government of Burma Act, 1935, was to be exempt from taxation imposed by or under the laws there referred to.

S-3 Extension to certain persons and pensions of provisions in Superannuation Act, 1949, and Pensions \(Increase) Acts.

3 Extension to certain persons and pensions of provisions in Superannuation Act, 1949, and Pensions \(Increase) Acts.

(1) Rules made by the Treasury may—

(a ) direct that the Pensions (Increase) Acts, 1944 and 1947, and the Pensions (Increase) Act, 1954, shall, with such adaptations and modifications as may be specified in the rules, apply in relation to any of the pensions specified in Part I of the Second Schedule to this Act as if that pension were a pension specified in Part I of the First Schedule to the Pensions (Increase) Act, 1944, and, if the rules so provide, were also such a pension as is specified in section two of that Act;

(b ) direct that the Pensions (Increase) Act, 1952, shall, with such adaptations and modifications as may be specified in the rules, apply in relation to any of the pensions specified in Parts I and II of the Second Schedule to this Act as if it were one of the pensions specified in Part I of the First Schedule to that Act;

(c ) apply, with such adaptations and modifications as may be specified in the rules, any of the provisions of the Superannuation Act, 1949, to all or any of the persons specified in Part III of the Second Schedule to this Act, or, in the case of a provision which already has an application to such a person, give to that provision an extended application in relation to him,

and, on the coming into force of rules made under this subsection, section five of the Superannuation (Miscellaneous Provisions) Act, 1948, paragraph (c ) of subsection (1) of section three of the Pensions (Increase) Act, 1952, and, in subsection (2) of the said section three, the words from ‘and subsection (2) of section five’ to the end of the section shall cease to have effect.

(2) Any increase of any pension, and any increase in the administrative expenses of any Minister, attributable to the provisions of this section, shall be paid out of moneys provided by Parliament.

S-4 Orders and rules.

4 Orders and rules.

4. The power to make orders conferred by subsection (2) of section one of this Act and the power to make rules conferred by subsection (1) of section three of this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-5 Short title.

5 Short title.

5. This Act may be cited as thePensions (India, Pakistan and Burma) Act, 1955.

S C H E D U L E S

FIRST SCHEDULE

in the United Kingdom and the Government of IndiaLetters Embodying Arrangements between Her Majesty's Government

Letter from the High Commissioner of the United Kingdom in India to the Finance Minister of India

Letter from the High Commissioner of the United Kingdom in India to the Finance Minister of India

Office of the High Commissionerfor the United Kingdom,6, Albuquerque Road,New Delhi.

7th March, 1955.

TC. 935/5

My dear Minister,

I write with reference to the arrangements agreed upon between the Government of India and the Government of the United Kingdom in July, 1948, under which the Government of India purchased annuities from the Government of the United Kingdom for the purpose of meeting the sterling pensionary obligations of the Dominion of India and the Provinces thereof. These arrangements are set out in the letters dated 9th July, 1948, exchanged between the then Minister of Finance, the Hon. Shri R. K. Shanmukham Chetty, for India, and the then Chancellor of the Exchequer, the Rt. Hon. Sir Stafford Cripps, for the United Kingdom.

SCH-1.2

2. These arrangements have again been considered and it is the understanding of the Government of the United Kingdom that the Government of India agree that there shall be transferred to the Government of the United Kingdom on 1st April, 1955, the control, administration and payment of pensions and other liabilities to or...

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