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Judges Pensions (India and Burma) Act 1948

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This is the original version (as it was originally enacted).

6Other Provisions as to Pensions under this Act.

(1)Pensions granted under this Act shall be in addition to any lump sum grants made to the persons to whom the pensions are granted out of moneys provided by Parliament by way of compensation for loss of office.

(2)Any pension granted under this Act shall be for the life of the person to whom it is granted.

(3)Any pension granted under this Act to the last person who held the office of Chief Justice of India before the fifteenth day of August, nineteen hundred and forty-seven, shall begin to accrue as from the date on which he ceased to be entitled to salary as chairman of the Arbitral Tribunal set up by the Arbitral Tribunal Order, 1947, made by the Governor General of India under section nine of the Indian Independence Act, 1947.

(4)Any pension granted under this Act to any other person shall begin to accrue as from the date on which he ceased to be entitled to salary as a judge of a court in British India, India, Pakistan or Burma, as the case may be.

(5)The Secretary of State may permit pensions granted under this Act to be commuted to the extent, in the circumstances and on the terms for the time being provided for by the appropriate India, Pakistan or Burma rules as respects the commutation of pensions payable out of any revenues of, or any part of, those countries respectively to persons who have been judges of High Courts or other similar courts, and any sum required to be paid by way of commutation of the whole or any part of any pension granted under this Act shall be paid out of moneys provided by Parliament.

In this subsection, the expression "the appropriate India, Pakistan or Burma rules " means the rules prevailing under the law of India, of Pakistan or of Burma according as the last court (being the Federal Court or a court in British India, India, Pakistan or Burma) in which the person in question served as a judge is situate in the territories of India, Pakistan or Burma.

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