Bihar and West Bengal (Transfer of Territories) Act,1956
Act No : 40
Section :
APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS
THE SCHEDULE (See section 32) APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS 1. Subject to the adjustments mentioned in paragraph 3, each of the States of Bihar and West Bengal shall, in respect of pensions granted by Bihar before the appointed day, pay the pensions drawn in its treasuries. 2. Subject to the said adjustments, the liability in respect of pensions of officers serving in connection with the affairs of Bihar who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of Bihar. --------------------------------------------------------------------- 1 Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15.5.1986). 396 3. There shall be computed in respect of the period commencing on the appointed day and ending on the 31st day of March, 1957 and in respect of each subsequent financial year, the total payments made in respect of pensions referred to in paragraphs 1 and 2; that total, representing the liability of Bihar in respect of pensions, shall be apportioned between Bihar and West Bengal in the population ratio, and the State paying more than its due share shall be reimbursed the excess amount by the other State. 4. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of Bihar, and retiring on or after that day, shall be the liability of the State which grants him the pension; but the portion of the pension attributable to the service of any such officer before the appointed day in connection with the affairs of Bihar shall be allocated between Bihar and West Bengal in the population ratio, and the Government which grants the pension shall be entitled to receive from the other Government its share of this liability. (2) If any such officer was serving after the appointed day for some period in connection with the affairs of Bihar and for some period in connection with the affairs of West Bengal, the Government other than the one granting the pension shall reimburse to the Government by which the pension is granted an amount which bears to the portion of the pension attributable to his service after the appointed day the same ratio as the period of his qualifying service after the appointed day under the reimbursing State bears to the total qualifying service after the appointed day reckoned for the purposes of pension. 5. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension.
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