180
181
Retirement for ineffi- ciency.
Compulsory retirement.
Maximum
pension from all public
sources.
Provided that in the case of an officer retiring while on leave of absence, a certificate from any medical practitioner authorised by the Secretary of State to make the examination shall be sufficient proof of incapacity for further service: or
(f) on abolition of his office; or
(g) upon his removal on the ground of inefficiency as provided in section 9.
9. Where an officer is removed from his office on the ground of his inability to discharge efficiently the duties thereof, and a pension, gratuity, or other allowance, cannot otherwise be granted to him under this Ordinance, the Governor in Council with the approval of the Secretary of State, may, if he considers it justifiable having regard to all the circumstances of the case, grant such a pension, gratuity or other allowance as he thinks just and proper, but in no case exceeding in amount that for which the officer would he eligible if he were suffering from some infirmity of mind or body likely to be permanent.
10.-(1) It shall be lawful for the Governor in Council to require any officer other than a judge, whenever appoint- ed, to retire from the public service of this Colony who-
(a) appears to the Governor to be unable to discharge efficiently the duties of his office; or
(b) being a woman who has entered the public service after the commencement of this Ordinance is married,
(2) The normal age of retirement for any public officer, other than a judge, shall be deemed to have been attained if he or she-
(a) has attained the age of fifty-five years, or
(b) being an Indian subordinate officer of the Prison Department, lady medical officer, lady serving in the Education Department, or a European attendant at a Government mental hospital, or a matron, nursing sister or nurse in a Government hospital, has attained the age of fifty years;
and any such officer, who shall have attained the normal age of retirement, shall retire from the public service of the Colony unless the Governor in Council decides that his or her services shall be retained. In no case, however, except with the approval of the Secretary of State, shall the services of any such officer be retained for more than five years after he or she has attained the normal age of retirement.
11. (1) A pension granted to an officer under this Ordinance shall not exceed two-thirds of the highest pensionable emoluments drawn by him at any time in the course of his service in this Colony.
(2) Where the officer has been or is granted a pension or pensions in respect of other public service, he may be granted the full pension for which he is eligible in respect of his service in this Colony, but no person may at any time draw from the funds of this Colony an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments drawn by such person at any time in the course of his service in this Colony or in other public service.
Provided further that where such a person receives. in respect of some period of public service, both a gratuity and a pension the amount of such pension shall be deemed. for the purpose of this sub-section, to be four-thirds of its actual amount.
(3) In a case falling under any of the limitations laid down by sub-section (2), the amount of pension to be drawn from the funds of this Colony shall be subject to the approval
of the Secretary of State, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service.
(4) For the purposes of the preceding sub-sections, an allowance granted in respect of injury shall not be taken into account; but where the officer is granted such an allowance the amount of such allowance which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension of pensions, apart from such allowance, falls short of two-thirds of such highest pensionable emoluments.
etc., not
12. No pension, gratuity or other allowance granted Pension under this Ordinance shall be assignable or transferable or to be liable to be attached, sequestered or levied upon for or in assignable, respect of any debt or claim whatsoever other than a debt due to the Government.
13. If any officer to whom a pension or other allowance Pension has been granted under this Ordinance is adjudicated a etc., to bankrupt or is declared insolvent by judgment of the Court, bankruptcy. then such pension or allowance shall forthwith cease ·
Provided always that in any case where a pension or allowance ceases by reason of the bankruptcy or insolvency of the pensioner it shall be lawful for the Secretary of State. or where such adjudication of bankruptcy or declaration of insolvency was made in this Colony, the Governor in Council from time to time during the remainder of such pensioner's life, or during such shorter period or periods, either continuous or discontinuous, as he shall think fit, to cause all or any part of the monies to which such pensioner would have been entitled by way of pension or allowance, had he not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of all or any, to the exclusion of the other or others of the following persons, namely, such pensioner and any wife, child or children of his, in such proportions and manner as the Secretary of State or the Governor in Council, as the case may be, thinks proper; and such monies shall be paid or applied accordingly.
cease on
cease on
14. (1) If any person to whom a pension or other Pension, allowance has been granted under this Ordinance is convicted etc., to before any Court of competent jurisdiction whether in the conviction. Colony or elsewhere, of any crime or offence for which he is sentenced to death or penal servitude or transportation or any term of imprisonment, it shall be lawful for the Secretary of State or, if such conviction is had in this Colony, the Governor in Council to direct that such pension or allowance shall forthwith cease, and thereupon such pension or allow- ance shall cease accordingly.