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15. The following section is inserted in the principal Addition of Ordinance immediately after section 17 thereof :—
Commu-
CASES.
new section
in Ordinance
18. It shall be in the discretion of the directors No. 15 of tation of to commute the pension payable to a widow 1908. pension in certain residing in China or in any other country where the payment of pension is impracticable, by the payment of such amount as may be agreed on with the widow, which shall vary according to the widow's age, and such widow or the children of the contributor shall have no further rights under this Ordinance: Provided always that such amount shall not exceed such number of years purchase of such pension as may be fixed by the directors and approved by the Governor iu Council under the provisions of section 30.
18. Section 21 of the principal Ordinance is repealed Amendment and the following section is substituted therefor :—
Provision
of Ordinance No. 15 of
21. (1) When the marriage of an officer has 1908, s. 21. for disso been dissolved at the suit of the husband, the lution of
former wife of such officer shall, for the purposes marriage and for
of this Ordinance, be considered as if she were declara. dead. tion of Lullity.
Power to
order
(2) When the marriage of an officer has been dissolved at the suit of the wife, such wife unless and until she marries again, or the children (if any) of such marriage while of pensionable age, shall upon the death of such officer be entitled to the pension payable under this Ordinance to the exclusion of any subsequent wife, and of the children of any subsequent marriage, of sualı officer.
(3) When the marriage or pretended marriage of an officer has been declared null and void, the former wife or former pretended wife of such officer shall, for the purposes of this Ordinance, be considered as if she were dead.
(4) In this section dissolution of marriage means a dissolution by the decree of some court in His Majesty's dominions or in some place where His Majesty has jurisdiction or in some British Protectorate, and declared null and void means declared null and void by some court falling within the above description.
17. The following sections are added to the principal Addition of Ordinance at the end thereof:-
new sections to Ordinance 33.-(1) Where an officer has contributed in No. 15 of the mistaken belief that he was liable under the 1508. Ordinance to contribute it shall be lawful for the Governor in Conncil to order the amount of the contributione so made to be refunded to such officer.
refunds
of contri-
butions.
(2) Where any officer is under paragraph (2) of section 3 excluded by the Governor in Council from the operation of the Ordinauce it shall be lawful for the Governor in Council to‘order uny contributions made by such officer to be refunded to him.
(3) Where the liability of any officer to con- tribute under any Ordinance relating to widows, and orphans' pensions has been determined by or under any subsequent enactment it shall be lawful for the Governor in Council to order one half of the aggregate of any contributions made by such officer during the period of liability to be refunded to bim: Provided that this sub- section shall not apply where such liability has been determined by virtue of the provisions of sections
(2), 8 or 9.
Power to extend time.
(4) Upon the payment of any refund ordered under this section all righ's whatsoever of the officer in question, and of his wife and children (if any), with regard to or arising out of the contributions in respect of which the refund is made shali absolutely cease and determine, il such rights have not previously censed and deter-
mined.
(5) All refunds under this section shall be without interest.
34. It shall be lawful for the Governor in Council, upon such terms as he shall think fit, to extend the time for doing any act which this Ordinance requires or enables any person to do.
18. Schedule A to the principal Ordinance is repealed Repeat of and the Sehedule to this Ordinance is substituted therofor, Schedule A
to principal Ordinance and substitution
of new Schedule.
temporary
19.—(1) Notwithstanding the provisions of sub-para- Certain graph (a) of paragraph (1) of section 3 of the principal contributors Ordinance as amended by section 3 of this Ordinance, to have a every Indian member of the staff of the Prisons Depart- right to elect ment who immediately before the commencement of this Ordinance was liable to contribute under the provisions of the principal Ordinance, and who was so contributing, shall, upon giving due notice to the Directors and forth- with paying all arrears (if any), be entitled to elect to continue so to contribute.
(2) Every person (other than Enropean members of the police force and of the staff of the Prisons Depart- ment), who immediately before the commencement of this Ordinance was in the service of the Government on agree- ment for any period exceeding two years, and who was then in fact contributing as if under the provisions of the principal Ordinance, shail, upon giving due notice to the Directors and forthwith paying all arrears (if any), he entitled to elect to continue to contribute under the pro- visions of this Ordinance.
(3) If any officer to which this section applies fails to give dne notice to the Directors of his desire to continue to contribute, all rights whatsoever of such officer, and of bis wife and children (if any), with regard to or arising out of the contributions made by him shall absolutely couse and determine, but one half of the aggregate of such contributions shall be refnuled to him, without interest.
(4) For the purposes of this section due notice shall mean a notice in writing, signed by the officer in question, which shall reach the Directors-
(a) within three months after returu from leave in case of officers who are on leave at the com- mencement of this Ordinance; and
(b) within three months after the commencement of
this Ordinance in the case of officers who are not on leave at the commencement of this Ordi-
nance.
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