Exemption of pension from attachment
Section 11 of the Pensions Act, 1871 deals with exemption of pension from attachment. 111. Exemption of pension from attachment.--No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable The Act came into force on 18 Aug 1871.
111. Exemption of pension from attachment.--No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance,
and no money due or to become due on account of any such pension or allowance,
shall be liable to seizure, attachment or sequestration by process of any Court 2*** at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such Court.
3This section applies 2*** also to pensions granted or continued4 , after the separation of Burma fromIndia, by the Government of Burma.]
Section 11, The Pensions Act, 1871 (Act 23 of 1871).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union of India & Ors. v. Sukhbir Saran Agarwal & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2002-03-16 (order-1.pdf; Sinha CJ & Sikri J.): A pensioner enjoys statutory protection under Pensions Act ss.11–12; Art.142-style recoveries from pensionary benefits cannot be mimicked under Art.226. Without timely departmental proceedings under pension rules, Railways cannot withhold retiral benefits for alleged store shortages.
On this section: s.11 Exemption of pension from attachment — pension is statutorily protected property; unprotected recovery/withholding is barred.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 11
What have the courts held on Section 11 of the Pensions Act?
Union of India & Ors. v. Sukhbir Saran Agarwal & Ors. (16 Mar 2002) is the leading judgment on this section among those set out below: s.11 Exemption of pension from attachment — pension is statutorily protected property; unprotected recovery/withholding is barred.
How do I find court cases under Section 11 of the Pensions Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pensions Act 1871 11, section 11 Pensions Act 1871, section 11 of the Pensions Act. People searching for it also type pension act section 11. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India & Ors. v. Sukhbir Saran Agarwal & Ors. (16 Mar 2002).
What should I read with Section 11 of the Pensions Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 11 of the Pensions Act come into force?
Section 11 of the Pensions Act, cited as Pensions Act 1871 11, came into force on 18 Aug 1871, having been enacted on 18 Aug 1871. It is in force as at the date shown on this page.
Other sections of this Act
- 12A. Nomination by pensioner to receive moneys outstanding on account of pension254 words
- 14. Power to make rules188 words
- 5. Claims to be made to collector, Deputy Commissioner or other authorised officer172 words
- 16. Laying of rules157 words
- 8. Payment to be made by Deputy Commissioner, Collector or other authorised officer121 words
- 7. Pensions for lands held under grants in perpetuity117 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.