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Section 11

The Calcutta Sheriff's Act, 1948State Act of West Bengal · Act 30 of 1948

(1) All officers and servants previously employed by the Sheriff who, at the date of the commencement of this Act, are in receipt of pensions or entitled to gratuities in accordance with the rules of the Fund, shall be paid such pensions or gratuities out of the revenues of the Province.

(2) All officers and servants of the Sheriff, who are in his employment at the date of the commencement of this Act, shall, in respect of such employment prior to that date, be paid out of the revenues of the Province such pensions, aratuities and compensation as may be determined by the Fund:

Provincial'' Government in accordance with the rules of the

Provided that such compensation, if any, shall not be less than that which, iu similar circumstances and in . accordance with the rules made in this behalf by the Provincial Government, would be admissible to persons in the service of the Provincial Government.

(3) Any dispute arising in connection with the amount.

of- any pension, gratuity or compensation payable under sub-section (1) or sub-section (2) shall be referred to the Liability of the Provincial revenues in certain eases.

Pensions.

The Calcutta Sheriff's Act, .7948. 3 XXX of 1948.]

(Section 12.)

West Bengal Public Service Commission, the decision of which shall be final and shall not be the subject-matter of any proceedings in any Court.

(4) All pensions payable under this section out of the revenues of the Province shall be so payable in all respects as pensions payable for service under the Provincial Government and shall be subject to the rules made in that behalf by the Provincial Government. •

(5) If any officer or servant of the Sheriff is permanently re-employed in the service of the Provincial Government, his employment under the Sheriff shall, for the purposes of the rules relating to pay and pensions, be deemed to - have been service under the Provincial Government:

Provided that,—

(a) if any such officer or servant desires to elect to refund any. gratuity or cease to draw any pension, as the case may be, and to count for future pension his employment under the Sheriff, he shall so elect immediately on being permanently re-employed; and 1)) if he so elects, any period of temporary service under the Provincial Government intervening between the date of the commencement of this Act and the date of such permanent re-employment shall not be considered as a break in service, but shall not count as service for the purposes of pension.

Explanation.—Where -such election is made, the whole of the pension, both for employment under the Sheriff prior to the commencement of this Act and for service in such • permanent re-employment under the Provincial Government, shall be calculated at the rates provided in the rules relating to the pensions of servants of the Provincial Government, and not at the rates provided in the rules of the Fund.

Where this provision sits

ActThe Calcutta Sheriff's Act, 1948
Section11
JurisdictionState of West Bengal
StatusIn force as published by the source

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