Proposals for the commutation of non- service pensions and the grant of dowries

 

70.       What pensions may be commuted, and on what conditions; Punjab Government, Finance Department, letter no. 32595 F.G., dated 23rd November, 1934.   The commutation of life pensions not exceeding Rs. 20 a year, payable from any district treasury in accordance with the scale laid down in the tables appearing as annexure 2 to the Civil Pensions (Commutation) Rules, is authorized by the Punjab Government where the holder so desires and the medical officer of the district certifies that he is in good health.

 

71.       Report prescribed before payment; Financial Commissioner’s notification no. 48, dated 9th January, 1873.    The proposed commutation must be reported to the Financial Commissioner, without whose sanction no payment on account of the commuted value can be made.

 

72.       Form of report; Financial Commissioner’s notification no. 48, dated 9th January, 1893.   The report will be in the following form :-

                                         Bill for purchase of a pension

1

2

3

4

5

Name of applicant

Number in original recommendation roll.

Date of Government sanction to pension.

Amount of pension.

Date up to which pension has been paid

 

 

 

 

 

 

6

7

8

9

Age of applicant.

Number of years, purchase according to authorised scale.

Date of payment of purchase money.

Amount of purchase money.

 

 

 

 

 

73.       If pensioner above 70, commutation not permitted; Financial Commissioner’s notification no. 48, dated 9th January, 1873.   If the pensioner’s age exceeds 70 years, commutation will not ordinarily be permitted.

 

74.       Certificate to accompany report; Financial Commissioner’s notification no. 48, dated 9th January, 1873.   In submitting the report for sanction to the commutation of a pension, the reporting officer must certify that, after comparison with the descriptive roll of the pensioner, he has satisfied himself that there are good grounds for believing his (or her) age the present time to be as shown in the report. If the present age of the pensioner has been ascertained to be different from what it would be if the age entered in the original descriptive roll were correct, a brief, explanatory remarks shall be entered in the report.

 

75.       Preparation of descriptive rolls of pensioners whose pensions may be commuted under these rules; Financial Commissioner’s notification no. 48, dated 9th January, 1873.   In preparing, for insertion in the pension payment order, the descriptive roll of any pensioner whose pension may be commuted under these rules, care should be taken to ascertain and record correctly the age of the pensioner, and the officer preparing it should attach a certificate that, before entering the age, he has satisfied himself that it has been ascertained with all practicable correctness.

 

76.       Grant of dowry in commutation of pensions enjoyed by females. ; Financial Commissioner’s Notification No. 48 dated 9th January, 1873.    Unmarried or widowed females receiving pensions of whatever amount may, on marriage or re-marriage, be allowed a sum equal to five years’ pensions by way of dowry in commutation of their pensions, provided that, if such female is more than 70 years of age, commutation will not ordinarily be permitted.

 

             (NOTE. – See article 742( c), Civil Service Regulations.)

77.       Form of bills to be submitted for countersignature of Commissioner. ; Financial Commissioner’s notification no. 48, dated 9th January, 1873. Punjab Government no. 297, dated 16th April, 1908.   Bills for dowries granted under the above rules require the countersignature of the Commissioner , and should be in the following form :-

 

 

 

 

Bills for dowry to be paid to be paid to a female pensioner on her marriage

Name of applicant, whether a widow or unmarried

PARTICULARS OF PENSION HELD

Relationship to person on whose demise the pension was granted

Name of person on whose demise the pension was granted

Recorded age of pensioner when pension was granted

No. & date of Government sanction

Amount of pension per annum

 

 

 

 

 

 

 

PARTICULARS OF MARRIAGE DOWRY

 

REMARKS

Present age of pensioner

To whom married

Date of marriage

Number of years’ pension allowed as dowry

Amount of dowry

 

 

 

 

 

 

 

78.       Pension commuted for dowry, till what date payable. ; Financial Commissioner’s notification no. 48, dated 9th January, 1873.     When a dowry is granted under these rules, the pension should be paid up to the close of the half-year in which the marriage takes place.

 

79.       These rules inapplicable to female military pensioners. ; Financial Commissioner’s notification no. 48, dated 9th January, 1873.     These rules are not applicable to female pensioners receiving military pensions.

 

80.       Add to pensioners under the Service Regulations; Financial Commissioner’s notification no. 48, dated 9th January, 1873.    Dowries in commutation of pensions are not claimable by pensioners whose pensions fall under the Civil Service Regulations.

 

Pensioner’s roll, reports of death of pensioners and the marriage or remarriage of female pensioners

 

81.       Characteristic marks to be given for identification of pensioner; Financial Commissioner’s notification no. 411, dated 22nd March, 1873.   The officer preparing the descriptive roll containing the particulars to be entered in the permanent payable order for the identification of the pensioner should be careful to avoid stereotyped phraseology, unless for purposes of identification, and to describe clearly any immutable physical peculiarity or distinguishing mark on the person which will enable the pensioner to be surely identified.

 

82.       Punjab Government resolution no. 940- Finl. dated 8th May, 1899.   The following instructions apply to reports of the death of Indian military or civil pensioners, and of the marriage or re-marriage of females in receipt of family pensions:-

 

(i)         The deaths of pensioners and the marriage or re-marriage of females in receipt of family pensions residing in the estate must be entered by patwaris in their dairies—Cf., paragraph 3.81(5) of the Land Records Manual

 

(ii)        Patwaris are bounds to inform kanungos and other revenue officers when they visit the circle, of the deaths of such pensioners or of the marriage or re-marriage of females in receipt of family pensions residing in the estate—Cf., paragraph 291 of the Land Administration Manual and paragraph 3.16(3), Land Records Manual.

 

(iii)       It is also the duty of the village headman to report such occurrences to the tehsildar—Cf., Land Revenue rule 20(v).

 

83.       Reports from all rural areas.    The following rules regulate the procedure for reporting deaths of pensioners and the marriage or re-marriage of females drawing family pensions, in all rural areas:-

 

I.          Tehsildars, field kanungos and patwaris shall be held responsible for reporting the death of pensioners, and the marriage or re-marriage of females drawing family pensions and residing in villages.

 

II.        A list of civil and military pensioners, service and non-service, shall be maintained by the district kanungo in the form given in paragraph 8 of Standing Order no. 55, as amended by correction slip No. 1545, dated 7th December, 1935.  The information required for keeping the list up to will be obtained form the treasury office in regard to pensions paid through the treasury, and from the half-yearly intimations received form head postmasters under the note (reproduced below) to rule 3 of the rules relating to the payment of Indian Military pensions by post offices in regard to pensions paid through post offices. On 1st February each years the district kanungo shall send to the tehsildar a copy of the additions and corrections communicated to him by the postmaster and the Treasury Officer. The district kanungo will compare his list with those of tehsils at his periodical inspections.

                           

                                 Note to rules 3 of India Military Pension Rules

Each head postmaster should, on the 1st January and the 1st July in each year, intimate to the Deputy Commissioner of the district in the prescribed form (I.M.P. 10) the following particulars of all the pensioners brought on the descriptive registers of the head office during the previous half year:-

 

            (1)  Name of pensioner, rank, late corps, etc.

            (2)  Descriptive serial numbers of pensioners.

(3)  Residence (including name of village and thana.)

 

This intimation should be accompanied by a statement showing the same particulars of all the pensioners whose names have been struck off the descriptive registers of the head office during the previous half-year by reasons of the transfer of their pensions (to other head offices of other pension paying agency), death or other cause.

 

III.           Extracts from this list will be supplied by the tehsildar to field kanungos who will compare the extracts with the list of pensioner in the patwari’s copies of jamabandis, and make such alterations in red ink in the lists as are found to be necessary.

 

IV.           Both tehsildar and field kanungos, also naib-tehsildars, will satisfy themselves during the course of their tours that pensioners in tehsil or circle lists are living, and in the case of female pensioners, residing in villages whether marriage or re-marriage has taken place.

 

V             Patwaris in addition to making the entry in their diaries require by the Land Revenue Rules, will specially report to field kanungos the deaths of pensioners, and the marriage or re-marriage of females drawing family pensions and residing in the estate, with dates, and the field kanungos will pass on the reports to the tehsildars. Patwaris will also be responsible for keeping the list of pensioners in their copies of jamabandis up- to- date by adding the names of new, and striking out those of deceased pensioners. All alterations will be made in red ink and signed by the girdawar in the column of remarks . The lists should be checked by revenue officers when on tour.

 

VI.           The tehsildar will report the deaths of military, as well as civil pensioners and the marriage or re-marriage of females drawing family pensions to the Deputy Commissioner who should report all such occurrences regarding military pensioners to the Postmaster-General.

 

VII.          The patwari concerned, on the occasion of the death of a military pensioner or the marriage or re-marriage of female pensioners residing in the estate, will recover the pension certificate form the person in is, and forwards the same, through the field kanungo, to the tehsildar, for transmission to the Deputy Commissioner and for return to the Postmaster-General; if he is unable to recover the certificate, he will report in the same way the reason why he cannot get it.

Letter no. Misc, A/ P-4, 1108/65, dated 25th February, 1937, from the Postmaster-General, Punjab and North-West Frontier Circle, to the controller of Military Accounts and Pensions, Lahore Cantonment.    It has been decided by the Government of India that the audit of pensions paid through the agency of the post office in the Punjab should in future be carried out in the office of the Controller of Military Accounts and Pensions, Lahore Cantonment. In consequence of this decision it has been ruled that the Deputy Commissioner should intimate dates of deaths of Indian military pensioners and dates of the marriage of re-marriage of females drawing family pensions and residing in villages in duplicate, as well as their descriptive serial numbers noted on their pension certificates, direct to the postmasters concerned who will send one copy of the report to the office of the Controller of Military Accounts and Pensions with a consolidated list every month quoting the head office numbers against each pensioner.

                        

As regards municipal areas, separate, instructions where issued to Commissioners in Revenue Secretary to Government, Punjab’s letter no.2105, dated 23rd August, 1901.

 

Grant of copies of orders

 

84.       Punjab Government no. 865, dated 22nd July, 1878, Circular no. 55 of 1878.   There is no objection to granting copies of final orders on muafis sanctioned by competent authority, and this can be done by the Collector, the Commissioner or the Financial Commissioner. Copies of recommendations submitted for sanction should not, however, be given unless they have been approved, and are necessary for the understanding of the sanction.

       

APPENDIX

FORMER  POWERS

To facilitate reference when a question arises whether a revenue-free tenure has been released or resumed by competent authority, the powers of different authorities in the past to sanction and resume assignments are quoted below:-

 

1.         What sanction necessary for disposal of cases - In March, 1853, the Governor General in Council laid down the following rules for future guidance in the disposal of revenue-free tenures in the Punjab:-

 

I.          Henceforth no cases where lands are resumed need be reported to Government, whether donations in money are given or not, or whatever be the amount of the resumption.

 

II.         Grants of land to village servants may be made by the Settlement Officer under the authority of the Financial and Chief Commissioners.

 

III.       The Financial Commissioner shall have authority finally to dispose of all grants of land under ten acres, which he may be of opinion should be released during the lives of the occupants, or the term of settlement.

 

IV.       The Chief Commissioner of the Punjab shall have a similar authority, with a limits of 50 acres, for the lives of the occupants, or the term of settlement.

 

V.        All other cases where it is proposed to release lands above 50 acres in extent to the occupants for their lives, or to release land of any amount to the second generation or in perpetuity, or beyond the term of settlement, or where it is proposed to release land forming a whole village, or the fractional part of a village, for any period of time, must be reported to Government.

 

Note– The rules of 1853 applied to a time when investigation was first being made after annexation into revenue-free tenures in the Punjab, and ceased to operate when the circumstances to which they specially applied ceased to exist. With reference to rule III, the Government of India has allowed the local Government to delegate to the Financial Commissioner the power to continue or resume at a revision of settlement all grants of 10 acres or under, made for the term of settlement in favour of religious institutions or rest- houses or village servants, subject to the condition that the period of release of any renewed grant shall not exceed the term of the revised settlement,’’ (Government of India, Revenue and Agriculture Department, no.350, dated the 27th June, 1881.)

Government also delegated to Commissioner authority to sanction resumption of revenue-free grants made for the purpose of encouraging tree-plating in cases in which the condition of such grants are not fulfilled by the grantees. At the same time, the Financial Commissioner was given authority to sanction the resumption, on non- fulfillment of the conductions, of grants of revenue free assignments to institution or to individuals for the maintenance in cases in which the area of such assignment does not exceed 25 acres. (Punjab Government no.68, dated the 12th June,1889).

 

2.         Extension of power of local Government.    Rules IV and V in paragraph 3 were modified on the creation of the Punjab into a Lieutenant-Governorship on the 1st January, 1859, when it was decided by the Government of India that the powers reserved by the rules of 1853 in the disposal of revenue-free tenures should be exercised in full by the Lieutenant- Governor.

 

3.         Powers of Commissioners before 1853.       Before the rules of 1853 were issued the Board of Administration, while stating that they had made arrangements for the investigation of or service jagir tenures in their own office, and would have them duly reported to Government, had ordered that, after they have disposed of all such tenures on record, any which might have escaped notice should be reported on by the district or Settlement Officers. In regard to other revenue- free tenures, they directed that no resumption should be carried out without the Commissioner’s sanction, and that his orders, whether for resumption or release except where the release was to be in perpetuity, should be final unless appealed against. When release in perpetuity was proposed, the case was to be reported for their orders.

 

4.         Power of Settlement Officers before 1853.    In Settlement Officers of the Lahore and Cis- Sutlej division were afterwards authorized by the board to dispose finally of cases under 10 ghumaos.

 

5.         Orders of 1853 without retrospective effect.    In circulating the rules made in 1853, the Financial Commissioner pointed out that they were intended to have prospective effect only, and that it was, therefore unnecessary to report cases in which orders had been passed by Commissioner or Settlement Officer under the above authority. But Commissioners were directed to report to him all cases in which orders had not already been passed unless they determined to resume. They were also required, in cases where they proposed to resume an entire village, or a specific fractional share of a village as one- half, one-third or one-fourth, to submit a report in English, with the record of the enquiry.

 

6.         Power to resume not withdrawn from Settlement Officer who had been authorized to dispose of cases. - The Settlement Officer whom the boards had authorized to dispose if cases under 10 ghumaos retained the power to direct resumption in such cases without report to the Commissioner.

 

Rules issued by the Government of India form time to time regulating the assignment of land revenue

 

I.          Government of India no.2594-55, dated 21st November, 1892, and no. 1392-120, dated 23rd May, 1894 - (a) No new assignments of revenue, other than inams granted under chapter III of the Land Revenue Act, 1887, shall be made without the previous sanction of the Government of India.

 

(b)        Provided that the local Government shall have authority, subject to the confirmation of the Government of India, to sanction the grant at settlement, of fresh muafis not exceeding Rs. 100 per annum in value each, for life for the term of settlement. The confirmation of such grants shall be obtained on a tabular statements in the form contained in the schedule, and this statement shall be submitted at the conclusion of settlement operations, and show clearly, the number and value of all new muafis of this description granted during the progress of the settlement.

                

SCHEDULE

[ Form not Printed]

 

II.        Government of India no.24/405-2, dated 6th January, 1897.    Subject to the following exceptions, no grant of which the conditions have been defined by any general or special order of the Government of India , or by an order of the local Government , acting under general powers  conferred by the  Government of India, may be continued on lapse at the end of the term specified in the order , or otherwise modified in favour of the grantee , without the previous sanction of the Government of India .

 

Exception (i) __  Grants for village service or for a religious, charitable or other analogous institution which , under orders passed prior to these rules by the Government of India , or by the local Government in accordance with general powers conferred by the Government of India , are resumable on the expiry of a life or lives , or the same other period specified in the order , may, on lapse, be continued by the local Government without reference to the Government of India for such period as the service is rendered or the institution kept up and the assignee is well behaved .

 

Exception ( ii ) - other grants which, under orders passed  by the Government of India prior to the issue of these rules, or by the Local Government in accordance with General powers conferred by the Government of India, are resumable on the expiry of a life or lives, or of some other period specified in the order , may be renewed by the local Government without reference to the Government of India for a single life, provided that the previous sanction of the Government of India will be necessary in any case referred to in this exception when the amount of the grant to be continued ------

 

( a ) exceeds one–half of the sum enjoyed by the last grantee, and is more than Rs . 50 per annum ; or

(b) does not exceed one half of the sum enjoyed by the last grantee, and is more than Rs. 1,000 per annum.

 

III.       Government of India no 2939-120, dated 10th October, 1894 - If, before the expiry of the term for which an assignment not exceeding Rs. 20 in annual value has been released it is discovered that the sanction for release was give more than 10 years before by an officer not empowered to given such sanction, the local Government may sanction its lease for the life of the existing holder or for the term of settlement.

 

IV.       Government of India no. 2939- 120 dated 10th October 1894.    In the case of grants village service, or for a religious charitable or other analogous institution of an annual value not exceeding Rs. 20 which have been enjoyed for more than 10 years, the local Government may, without reference to the Government of India, sanction renewal for a single life or for the term of settlement, not with standing the fact that the original order for release, or an intermediate order for continuance, was, or both such orders were in valid.

 

V.        Government of India no. 8-29-3, dated 29th May 1906.    The local Government may without the previous sanction of the Government of India, in recognition of special service rendered to the police or to the criminal administration by a private person, inclusive of a village headman or watchman, make a gift to that  person, or to his heir or widow, of  State land of a value not exceeding Rs. 500, or may grant him, or his heir or window, an assignment of land revenue not exceeding Rs.15 a year for one life, or for a term of twenty-five years whichever period may be the longer. The grant may be made partly in the form of a gift of land, and partly in the form of an assignment, either of the land revenue of that land or of other land; but the total estimated value of the grant should not exceed Rs.500. The grant shall be made on the condition that it will not be alienated without the sanction of the Collector, and when it is in the form of an assignment of land revenue, it shall be subject to the condition of loyalty and good conduct.

 

VI.       Government of India no. 2939-120, dated 10th October, 1894.    All cases falling under rules III and IV which are disposed of at a land revenue settlement shall be reported for confirmation to the Government of India in the statement required by rule 1 (b).

 

VII.     Government of India no. 925-285-2, dated 14th August, 1909.    The state Government is empowered to remit the land revenue on wells in the Thal tract of the Mianwali district where the owner plant and maintain groves of not less than 100 trees, provided that not more than 2 percent, of the cultivable area of the village is so exempted.