¹ [305A.Provisions as to be pensionsof home civil servants appointed to offices in India

(1)Where a civil servant, as defined by section twelve of the Superannuation Act, 1887 (50 and 51Vict. c67), is appointed byHisMajesty or by the Governor-General inhis discretion to any office under the Crownin India, the Secretary of State may direct thathis service in that officeshall qualify for the grant of a pension orgratuity as if it were service rendered in the office held byhim as a civil servant immediately beforehis appointment to service in India andthere shallbe paid to, or in respect of,himout of the revenues of the Federation, land shall be charged on those revenues, in respect ofhis service, in that office fin India apension or gratuity calculated in accordance with the Superannua-tion Acts, 1834 to 1935, and the orders,rules and regulations made there-Minder, but on the basis of the salary of theoffice last held by himas a feral servant before hisappointment to service in India: Provided that nothing in the said Acts,orders, rules or regulationsshall operate to prevent the grant of apension to himwith effect from the date on which he may relinquish office in India,notwithstanding that at that date he may not have attained the age of sixty.

(2)No such direction as aforesaidshallbe given in relation to service in any office if the service of the person inquestion in that office would qualify for the grant of a pension without anysuch direction.

(3)This section shall apply to appointments made before thepassing of this Act as well as to appointments made thereafter, and in relationto appointments made before the commencement of Part III of this Act.the reference to the Secretary of Stateshall be construed as a reference to theSecretary of State in Council.]

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1.Inserted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4Geo. 6. Ch. 5), S. 12,and omitted by the India(Provisional Constitution)Order, 1947.