Assignments, etc., in anticipation of pension, to be void
Section 12 of the Pensions Act, 1871 deals with assignments, etc., in anticipation of pension, to be void. All assignments, agreements' orders, sales, and securities of every kind made by the person entitled to any pension, Pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assig The Act came into force on 18 Aug 1871.
All assignments, agreements' orders, sales, and securities of every kind made by the person entitled to any pension, Pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.
Section 12, 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.
This section refers to
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.12 Assignments etc. in anticipation of pension void — reinforces non-divertibility of pensionary benefits against unprotected claims.
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 12
What have the courts held on Section 12 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.12 Assignments etc. in anticipation of pension void — reinforces non-divertibility of pensionary benefits against unprotected claims.
How do I find court cases under Section 12 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 12, section 12 Pensions Act 1871, section 12 of the Pensions Act. 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 12 of the Pensions Act, and has it changed?
Its own text turns on section 11 (Exemption of pension from attachment), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 12 of the Pensions Act come into force?
Section 12 of the Pensions Act, cited as Pensions Act 1871 12, 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 18 Oct 2026. This page is not a substitute for legal advice.