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Armed Forces Pensions Act

Ordinance 8 of 1942 Current version · as at 31 December 2000

An Act to provide for the payment of pensions, gratuities and other allowances in respect of the death, disablement or sickness of members of the armed forces while serving in any unit raised in Uganda and residents of Uganda while serving in any other unit of such forces.

Enacted1942
Commenced3 September 1939
Last amended—
Point-in-time consolidation · as at 31 December 2000. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to provide for the payment of pensions, gratuities and other allowances in respect of the death, disablement or sickness of members of the armed forces while serving in any unit raised in Uganda and residents of Uganda while serving in any other unit of such forces.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 4 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Armed Forces Pensions Act

Commenced on 3 September 1939

[This is the version of this document at 31 December 2000.]

An Act to provide for the payment of pensions, gratuities and other allowances in respect of the death, disablement or sickness of members of the armed forces while serving in any unit raised in Uganda and residents of Uganda while serving in any other unit of such forces.

1. Power to make regulations for grant of pensions, etc

(1)

The President may make regulations prescribing the conditions under which and the manner in which pensions, gratuities or other allowances may be granted in respect of the death, disablement or sickness of any member of the armed forces serving or who has served in any of the forces raised under the authority of any law for the time being in force in Uganda, and in respect of the death, disablement or sickness of any member of the armed forces who is serving or has served in any of the forces raised otherwise than under the authority of any law for the time being in force in Uganda, if the member was at the date of joining those forces resident in Uganda.

(2)

All regulations made under this Act shall have the same force and effect as if they had been enacted in this Act and shall be laid as soon as conveniently may be before Parliament; and if a resolution is passed within forty days of their being so laid before Parliament praying that any such regulation shall be revoked or amended, the regulation shall thenceforth be deemed to be revoked or amended, but without prejudice to anything done under it.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to make regulations for grant of pensions, etc”.

“(1) The President may make regulations prescribing the conditions under which and the manner in which pensions, gratuities or other allowances may be granted in respect of the death, disablement or sickness of any member of the armed forces serving or who has served in any of the forces raised under the authority of any law for the time being in force in Uganda, and in respect of the death, disablement or sickness of any member of the armed forces who is serving or has served in any of the forces raised otherwise…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The President may make regulations prescribing the conditions under which and the manner in which pensions, gratuities or other allowances may be granted in respect of the death, disablement or sickness of any member of the armed forces serving or who has served in any of the forces raised under the authority of any law for the time being in force in Uganda, and in respect of the death, disablement or sickness of any member of the armed forces who is serving or has served in any of the forces raised otherwise than under the authority of any law for the time being in force in Uganda, if the member was at the date of joining those forces resident in Uganda.
  2. (2) All regulations made under this Act shall have the same force and effect as if they had been enacted in this Act and shall be laid as soon as conveniently may be before Parliament; and if a resolution is passed within forty days of their being so laid before Parliament praying that any such regulation shall be revoked or amended, the regulation shall thenceforth be deemed to be revoked or amended, but without prejudice to anything done under it.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

2. Pensions, etc. not to be assignable

No pension, gratuity or other allowance granted under this Act shall be assignable or transferable, or liable to be attached, sequestered or levied upon for or in respect of any debt or claim, other than a debt due to the Government

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Pensions, etc. not to be assignable”.

“No pension, gratuity or other allowance granted under this Act shall be assignable or transferable, or liable to be attached, sequestered or levied upon for or in respect of any debt or claim, other than a debt due to the Government”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. No pension, gratuity or other allowance granted under this Act shall be assignable or transferable, or liable to be attached, sequestered or levied upon for or in respect of any debt or claim, other than a debt due to the Government
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. Pension, etc. may be cancelled if not drawn for one year

(1)

Where any person fails for a continuous period of not less than one year to draw any pension or other allowance granted to that person under this Act, the President may direct that the pension or allowance shall forthwith be cancelled and payment of any arrears withheld.

(2)

The President may in any particular case direct that the award shall be restored and any arrears paid either in whole or in part.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Pension, etc. may be cancelled if not drawn for one year”.

“(1) Where any person fails for a continuous period of not less than one year to draw any pension or other allowance granted to that person under this Act, the President may direct that the pension or allowance shall forthwith be cancelled and payment of any arrears withheld.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Where any person fails for a continuous period of not less than one year to draw any pension or other allowance granted to that person under this Act, the President may direct that the pension or allowance shall forthwith be cancelled and payment of any arrears withheld.
  2. (2) The President may in any particular case direct that the award shall be restored and any arrears paid either in whole or in part.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

4. Pensions, etc. may be withheld or forfeited in certain cases

(1)

Where any person to or in respect of whom a pension, gratuity or allowance may be or has been awarded under this Act (hereafter referred to as "the pensioner")-

(a)

is serving a term of imprisonment or detention, or is detained in an approved school or a remand home under a sentence or order of any competent court, whether within or without Uganda, for any crime or offence;

(b)

is deported or removed from, is required to leave or is prohibited from entering Uganda, under any law for the time being in force, or is a person whose certificate of naturalisation has been revoked; or

(c)

being a person to or in respect of whom an award of a pension, gratuity or allowance may be or has been made because of the death of a member of the armed forces, is in the opinion of the President unworthy of a grant from public funds, the President may withhold the pension, gratuity or allowance or, if it has been awarded, direct that it shall be forfeited as from such date, including any past date, as he or she may think fit; but the pension, gratuity or allowance shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon.

(2)

The President may, at any time, and upon such terms and as from such date, including any past date, as he or she thinks fit-

(a)

restore, either in whole or in part, a pension, gratuity or allowance withheld or forfeited under this section;

(b)

where he or she has withheld a pension, gratuity or allowance or directed that a pension, gratuity or allowance be forfeited, on any of the grounds specified in subsection (1)(a), (b) or (c), direct that for such period as he or she may think fit the whole or any part of the pension, gratuity or allowance be paid to or applied for the benefit of any wife or child of the pensioner in such manner as he or she may think proper.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Pensions, etc. may be withheld or forfeited in certain cases”.

“(1) Where any person to or in respect of whom a pension, gratuity or allowance may be or has been awarded under this Act (hereafter referred to as "the pensioner")-”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Where any person to or in respect of whom a pension, gratuity or allowance may be or has been awarded under this Act (hereafter referred to as "the pensioner")-
  2. (a) is serving a term of imprisonment or detention, or is detained in an approved school or a remand home under a sentence or order of any competent court, whether within or without Uganda, for any crime or offence;
  3. (b) is deported or removed from, is required to leave or is prohibited from entering Uganda, under any law for the time being in force, or is a person whose certificate of naturalisation has been revoked; or
  4. (c) being a person to or in respect of whom an award of a pension, gratuity or allowance may be or has been made because of the death of a member of the armed forces, is in the opinion of the President unworthy of a grant from public funds, the President may withhold the pension, gratuity or allowance or, if it has been awarded, direct that it shall be forfeited as from such date, including any past date, as he or she may think fit; but the pension, gratuity or allowance shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon.
  5. (2) The President may, at any time, and upon such terms and as from such date, including any past date, as he or she thinks fit-
  6. (a) restore, either in whole or in part, a pension, gratuity or allowance withheld or forfeited under this section;
  7. (b) where he or she has withheld a pension, gratuity or allowance or directed that a pension, gratuity or allowance be forfeited, on any of the grounds specified in subsection (1)(a), (b) or (c), direct that for such period as he or she may think fit the whole or any part of the pension, gratuity or allowance be paid to or applied for the benefit of any wife or child of the pensioner in such manner as he or she may think proper.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2000) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.