مجموعة ٢٦/١ "التخلص من عربات و مواد سكة حديد عدن السابقة" [ظ‎‎١‎٧] (١١٤/٣٤)

PART 10— cont.
Sec. XXXVI, cont .—
22
Increases of Pension under the Pensions (Increase) Acts— cont.
effect from a date before 1st April 1870, it shall be deemed to have been divided
between Imperial and Indian revenues according to the present service share rule.
Special rules. (h) I he following special rules shall, however, apply :—
(a) In any case which falls under para. 5 of Army Order 347/1920, and in
other case in which the increase admissible under the Scheme is calculated
on and added to a lower rate of pension than that in issue immediately
before the grant of the increase, the claim by the one Government against
the other shall be in respect of the excess of the total pensionary award
above that lower rate, provided a charge against the other Government has
been made in the Army Non-Effective Account in respect of the lower rate
only, hut no charge shall be made unless an actual addition is made to the
pension in issue immediately before the grant of the increase under the
Scheme.
(b) \\ hen retired pay or pension becomes higher as a result of reassessment
consequent on the rendering of re-employed or re-enlisted service in the
war period than the original pension as increased under the Small Pensions
(Increase) Scheme, any charge made by the one Government against the
other in respect of the increase under the Scheme shall be cancelled with
effect from the date from which the reassessment has effect.
(c) In cases in which pensions were awarded to other ranks of the British Army
for pre-war peace disabilities, a claim against the Government of India
m respect of an increase under the Scheme shall not be admissible—
(i) unless the disability pension or a portion thereof was awarded on
or alter the 1st October 1921, with effect from a date outside the period
1st April 1914 to 31st March 1919 and a claim in respect of such award
lies against the Government of India under the terms of section XVII or
under ordinary rules, or
(ii) unless the disability pension was awarded permanently before
1st A pul 1914, and was also in issue on that date, and a charge in
respect of the pension was admitted in the Army Non-Effective Account.
No charge admissible under clause (i) in respect of an increase under
the Scheme shall take effect from an earlier date than that from which
the said pension or a portion thereof, as the case may be, is chargeable,
and nothing in the provisions of section XVI (3) (a) shall be held to
debar a charge being made in respect of an increase in a case falling
under clause (iij.
(d) In any case in which the liability of the Government of India in respect of a
British Army pension before it was increased under the Scheme was limited,
otherwise than by the operation of section XVI or section XVII to a service
share of a portion of the pension, and the increase under the Scheme is
calculated on the whole pension, the amount of the increase to be apportioned
on a service share basis shall be that fraction thereof which is equal to the
proportion borne by the said portion to the whole pension before it was
inci eased. I he remainder of the increase shall be borne by the Imperial
Government. This rule, however, is subject to the exception that if the
case falls also under subsection (3) (a) of this section no charge shall be
made against the Government of India unless an actual addition is made
to the pension in issue immediately before the grant of the increase under
the Scheme.
(e) No claim shall be preferred against the Imperial Government in respect of
increases under the Scheme of pensions of personnel of the Indian Army
in whose casts the liability ol the Imperial Government for ordinary pension
in respect of service under that Government was discharged, or was deemed
to have been discharged, by the payment of a pension contribution during
service.
(/) I 11 ai k y case in w . hicl1 ^ ie Imperial Government has borne the whole of one
portion of a pension granted by the Government of India and a service share
of the other portion, the Imperial Government shall be liable for the whole
of the amount by which the actual increase granted under the Small Pensions-