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Repeal of Pension’s Act 1871 – Instructions for a comprehensive review of the old/obsolete Acts is required

Repeal of Pension’s Act, 1871- reg. Instructions for a comprehensive review of the old/obsolete Acts is required to be undertaken by each Ministry /Department.

F.No.30013/9/ 2020-Ad.IVA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
****

5th Floor, HUDCO Vishala Bldg,
Bhikaji Cama Place, New Delhi,
Dated, the/4 March, 2020

TO,
All DGs/Pr.CCs, CCs, ADGs of CBIC
(as per list attached)

Subject: Repeal of Pension’s Act, 1871- reg.

Sir,

I am directed to forward herewith Coordination Section’s OM no 0-21038/5/2017-Coord.(Pt.1) dated 3.01.2020 seeking comments regarding the Repeal of Pension’s Act (copy enclosed).

2. Accordingly, you are requested to examine the matter and furnish comments on the same to this Office, at the earliest, so that the same could be communicated to
Coordination Section.

Encl: As above

Yours faithfully,

(Xavier Toppo)
Under Secretary (Ad.IV)
Tel No.011-26162673


E No. 0-21038/5/2017-Coord. (Pt. 1)
Government of India
Ministry of Finance
Department of Revenue
Coordination Section

North Block, New Delhi
dated the 3rd January, 2020

OFFICE MEMORANDUM

Subject: Repeal of Pensions’ Act, 1871-reg.

The undersigned is directed to enclose an O.M No. 38/20/16-P&PW(A) dated 9th December, 2019 received from Department of Pension & Pensioners’ welfare on the above said subject.

2. Addresses are requested to examine the matter and furnish their comments on the aforesaid subject at the earliest so that the same could be communicated to Department of Pension & Pensioners’ Welfare accordingly.

Encl: As Above

Sd/-
Narendra Kumar
Under Secretary (Coord.)
Telefax: 23095539


No. 38/20/ 16-P&PW(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Deihi-1 10 003
Dated 09.12.2019

Office Memorandum

Subject: – Repealing of Pensions’ Act, 1871-reg-

The undersigned is directed to refer to the subject cited above and to say that in accordance with the instructions contained in the Cabinet Secretary’s DO letter No.403/ 1/4 / 9014-Ca.V(Vol.V) dated 07.11.2019, a comprehensive review of the old/obsolete Acts is required to be undertaken by each Ministry /Department. As per these instructions, it is important to examine specific provisions of existing Acts to identify for their repeal or modification of any specific provisions to held in improving governance and case of living.

2. In this connection, it may be mentioned that the Pension Act, 1871 is an old Act promulgated in 1871. While some sections of this Act ace relating to pension, however, some other provisions of the Act are related to land revenue etc. This Department is undertaking study of relevance of the provisions in the various sections of the Act in the prevalent pension policy paradigms. Accordingly, inter-ministerial consultation was also undertaken in the year 2016 and some of the Ministries /Department had given their comments the matter. However, since comments of all the Central Ministries /Departments and State Governments were
not received, no conclusion could be reached in the matter.

Issues relating to repeal of Pensions Act, 1871: Minutes of the meeting held on 28.4.2016

3. Hence, there is a need to examine the matter in consultation with all the stake holders and take a final view for its retention or otherwise. A copy of the Pensions’ Act 1871 is available in this Department’s website https://persmin.nic.in/pension/pact1871.htm

4. It is requested to furnish the comments of your Ministry / Department by 20th December 2019, so that the same will be consolidated and a meeting could be convened with all the stakeholders to finalize the issue at the earliest.

(Ruchir Mittal)
Deputy Secretary to the Government of India

Source: CBIC

[http://www.cbic.gov.in/resources//htdocs-cbec/deptt_offcr/administrative-wing/admn-wing-circ/repeal-of-pension-1803.pdf]

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