182
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183
Pension etc., to
cease on
accepting employment
in certain companies.
Gratuity to
Estate
where officer dies
in service
of the
Colony.
6
(2) If any person whose pension or allowance has ceased under the provisions of sub-section (1) shall at any time receive a full pardon in respect of the crime or offence of which he was convicted, his pension or allowance shall be restored with retrospective effect.
(3) Where any pension or allowance has ceased under the provisions of sub-section (1) it shall be lawful for the Secretary of State or, if the conviction of the pensioner was had in this Colony, the Governor in Council to cause all or any part of the monies which would have been payable to the pensioner by way of pension or allowance to be paid to or applied for the maintenance and personal support or benefit of any wife, child or children of the pensioner and, after the expiration of his sentence. for the benefit of the pensioner himself, in such proportions and manner as the Secretary of State or the Governor in Council, as the case may be, thinks proper.
15.-(1) If any person to whom a pension or other allowance has been granted under this Ordinance becomes either a director of any company the principal part of whose business is in any way directly concerned with this Colony, or an officer or a servant employed in this Colony by any such company, without in every such case the permission of the Governor in Council in writing first had and obtained, then in every such case it shall be lawful for the Governor in Council, with the approval of the Secretary of State, to direct that such pension or allowance shall forthwith cease, and thereupon such pension or allowance shall cease accordingly.
(2) It shall be lawful for the Governor in Council with the approval of the Secretary of State, on being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of such company, or to be employed as an officer or servant of such company in this Colony, as the case may be, to give directions for the restoration of such pension or allowance, with retrospective effect if he shall see fit, to such date as he specifies, and such pension or allowance shall be restored accordingly.
16. Where an officer holding a pensionable office, who is not serving on probation or agreement dies while in service of this Colony, and during the five years preceding his death has continuously held pensionable office in this Colony or offices in other public service which were, when he held them. pensionable under the law or regulations in force relating to such service, it shall be lawful for the Governor in Council to grant to his legal personal representative, or in case the gratuity does not exceed $1,000 to such person as the Governor in Council shall name as the recipient, a gratuity of an amount not exceeding one year's pensionable emoluments of the officer so dying. Such gratuity, if granted to the legal personal representative, shali form part of the estate of the officer for purposes of distribution under any testamentarv disposition made by him or under an intestacy, as the case may be; but, nevertheless, no estate duty shall be payable in respect thereof, and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable.
!
to women
marriage.
17. Where an officer, being a woman and holding a Gratuity pensionable office in this Colony, has completed not less than officers five years' service in this Colony, and resigns such office on, retiring on or with a view to marriage, or is required to retire from the public service under the provisions of section 10 (d), she may be granted a gratuity calculated at the rate of one-twelfth of a month's pensionable emoluments for each completed month of service provided that such gratuity shall not exceed one year's pensionable emoluments.
killed,
18.-(1) It shall be lawful for the Governor in Council Pension
to widow, to award to the widow and orphans of an officer who has been etc., of killed in the discharge of his duty, or who dies as a direct officer result of injuries received while on duty, or who dies of illness etc., in the contraction of which was specifically attributable to the discharge nature of his duties, a pension not exceeding ten-sixtieths of the deceased officer's emoluments or $100 a year, whichever sum is greater: Provided that this maximum may be exceeded in exceptional cases.
(2) If the widow of any such officer marries again her pension under the provisions of this section shall cease on the remarriage: Provided that the pension may in the discretion of the Governor in Council, be revived upon re-widowhood.
(3) The pension of an orphan under the provisions of this section shall cease in the case of a male at the age of eighteen years. and in the case of a female on marriage or at the age of twenty-one years.
(4) Any grant made under the provisions of this section shall be in addition to any grant made under the provisions of section 16.
of duty.
ance.
19. Subject to the provisions of section the provisions Application of this Ordinance shall apply to all officers in the service of this of Ordin- Colony at or after the commencement of this Ordinance and to all those who having served in this Colony have before the commencement of this Ordinance been transferred to other public service and are still in other public service at the com- mencement of this Ordinance: Provided that nothing herein contained shall be deemed to diminish the rights acquired by any person under any enactment hereby repealed or rules or minutes made thereunder or the rights and obligations conferred or imposed by sections 3 and 3A of the Pensions Ordinance, 1862, on or in respect of any judge or other public officer in the service of this Colony at the commencement of this Ordinance. But this proviso shall not be so construed as to entitle any officer, who shall have exercised any option or made any election under any regulations made under this Ordinance, to treat his decision or election as revocabl
pretation
in Ordin-
20. Where in the Widows' and Orphans' Pension Ordin- Inter- ance, 1908, or in any Ordinance amending or substituted for of the same, the pension of any person who is the contributor pension" himself is referred to, then if such person receives, in respect ance No. 15 of some period of service for such pension, both a gratuity of 1908, and a pension the amount of such pension, for the purposes of pension of the said Ordinance, shall be deemed to be four-thirds of its the con- actual amount.
where the
tributor
himself is
referred to.