STATEMENT OF OBJECTS AND REASONS “Provisions already exist in some of the enactments relating to local authorities for the grant of pensions and gratuities to employees who may be wounded and to the families of the employees who may be killed in execution of their duty. But it is not open to a local authority to grant a pension or a gratuity to an employee or to his family when he has been incapacitated or has lost his life in the service of the State. It is proposed to permit any local authority, which so desires, to grant a pension or a gratuity in such a case; and in order specially to provide for cases where those who had been in the employ of local authorities proceeded on active service during the Great War, it is proposed that the measure should be applicable in cases of injury, disease or death which have occurred since the 4th August, 1914. The Act will be an enabling Act, the provisions of which can be made applicable by such local authorities as care to avail themselves of it to any case covered by the terms of the Act, the sanction of the Local Government being required in each case.”-Gazette of India, 1919, Part V, page 18.
An Act to extend the powers of local authorities in regard to the granting of pensions and gratuities. Whereas it is expedient to extend the powers of local authorities in regard to the granting of pensions and gratuities; It is hereby enacted as follows:- This Act has been extended to the new Provinces and Merged States by Merged States (Laws) Act, 1949,section 3 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by Union Territories (Laws) Act, 1950, section 3(16-4-1950). Manipur and Tripura are now States-See Act 81 of 1971, section 3 and section 4 (30-12-1971); Vindhya Pradesh has merged with the State of Madhya Pradesh-See Act 33 of 1956, section 9(l)(e). It has been extended to the States merged in the State of- Bombay by Bom. Act 4 of 1950, section 3 (30-3-1950); Punjab by Punj. Act 5 of 1950, section 3 (15-4-1950).
Section 1 Short title and extent
(1) This Act may be called The Local Authorities Pensions and Gratuities Act,1919
a[a] Substituted for sub-section (2) by A.L.O., 1950. [(2) It extends to the whole of india except b[b] Substituted for the words “Part B States” by A.L.O. (No. 3), 1956. [the territories which immediately before the 1st November,1956, were comprised in Part B States].]
Section 2 Definition
In this Act, “officer” means any person who has undertaken a[a] The words “the service of Government” were successively amended by A.0., 1937 and A.L.O., 1950. [service under the Government] and who immediately prior to undertaking such service, was paid and employed solely by a local authority and, but for undertaking such service, would in the ordinary course have continued in such employment; b[b] Inserted by A.O., 1937. [and, the “appropriate Government” means, in relation to cantonment authorities and port authorities in major ports, the Central Government, and in relation to other authorities, the State Government].
Section 3 Power to grant extraordinary pensions and gratuities
Notwithstanding anything contained in any enactment or in any rule made thereunder regulating the powers of local authorities, and without prejudice to any powers conferred by or under any such enactment, a local authority may grant a pension or gratuity to any officer thereof who may, since the 4th day of August, 1914, have been wounded or otherwise incapacitated in a[a] The words “the service of Government” were successively amended by A.O., 1937 and A.L.O., 1950. [service under the Government], and to the widow or child of any such officer who may have died in consequence of injuries received or illness contracted since the 4th day of August, 1914 in the course of such service.
Section 4 Provision as to pensions and gratuities
(1) Such pension or gratuity may be granted in addition to any pension or gratuity payable to the officer or his wife or child, as the case may be, under any general or special orders of a[a] These words shall stand unmodified, see A.L.O., 1950. [His Majesty in Council] or of b[b] Substituted for “Governor-General in Council” by A.O., 1937 [the Central Government or any State Government], but shall not, save with the sanction of the c[c] Substituted for “Local Government”, by A.O., 1937. [appropriate Government], exceed the amount of the pension or gratuity to which the officer or his wife or child would have been entitled under any such orders if his employment by the local authority had been service for the same time and on the same pay d[d] The words “under the Government” were successively amended by A.O., 1937 and A.L.O., 1950. [under the Government].
(2) Any pension granted under this Act may be made to take effect from such date subsequent to the 4th day of August, 1914, and subject to such conditions as the local authority may think fit.
Section 5 Procedure
Subject to the provisions of this Act, the decision of a local authority to grant a pension or gratuity thereunder shall be made in such manner and shall be subject to such sanction as may beprescribed by any enactment or rule regulating the grant by such local authority of pensions and gratuities: Provided that in every case the sanction of the a[a] Substituted for “Local Government” by A.O., 1937. [appropriate Government] shall be necessary.