Section 7 of The Comptroller and Auditor-Generals Duties Powers and Conditions of Service Act 1971

Section 7 of The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971

[Omitted / Commutation of Pension]

Original Text

7. [Commutation, of pension.] Omitted by the Comptroller and Auditor-General’s (Duties, Powers and Conditions of service Amendment) Act, 1987 (50 of 1987), s. 3 (w.e.f. 16-12-1987).

Visual Summary

Status: Omitted

This section is no longer active in the current statute.

Subject: Pension

Originally dealt with the commutation of pension for the CAG.

Date: 1987

Removed by Act 50 of 1987, effective from Dec 16, 1987.

Summary

Section 7 of the Act originally provided specific rules regarding the commutation of pension for the Comptroller and Auditor-General (CAG). However, this section was repealed (omitted) by the Amendment Act of 1987. The legislative intent was to consolidate pension-related matters under Section 6 and align the CAG’s pension conditions more closely with those of Supreme Court Judges, rendering a separate Section 7 unnecessary.

Key Takeaways

Legislative Status: This section is currently void and has been omitted from the statute book.
Amendment History: The omission was carried out by Act 50 of 1987, Section 3.
Current Relevance: For pension commutation rules, one must now refer to Section 6 (specifically Section 6C) of the Act.

Key Analysis

•
Evolution of Service Conditions: The omission of Section 7 marks a shift in how the CAG’s service conditions were structured. Initially, specific details like commutation were listed separately. The 1987 amendment sought to simplify this by linking the CAG’s pension directly to the Supreme Court Judges (Conditions of Service) Act, 1958.
•
Consolidation of Pension Rules: By removing Section 7 and enhancing Section 6 (specifically adding 6C), Parliament ensured that the CAG receives pensionary benefits, including commutation, family pension, and gratuity, exactly as admissible to a Judge of the Supreme Court, thereby elevating the status of the office.

Key Ingredients

Original Subject: Commutation of Pension.
Action Taken: Omitted (Repealed).
Effective Date: 16th December 1987.

Related Provisions

Practical Illustrations

Example: Legal Research
A legal researcher attempting to calculate the commuted value of a retired CAG’s pension opens the 1971 Act. They find Section 7 is blank/omitted. Instead of stopping there, they must proceed to Section 6C, which directs them to the rules applicable to a Supreme Court Judge to find the relevant calculation method.

Process Flowchart

Original Act (1971) Section 7 Existed

Amendment Act 50 of 1987 Passed by Parliament

Action Taken?

Section 7 Omitted Provisions Merged into Sec 6C

Practice Questions

Q: What is the current status of Section 7 of the CAG (DPC) Act, 1971?

A. It defines the salary of the CAG.
B. It has been omitted (repealed).
C. It deals with the audit of government companies.
D. It outlines the leave rules for the CAG.

View Correct Answer

Correct Answer: B. It has been omitted (repealed).
Reasoning: Section 7 was omitted by the Amendment Act 50 of 1987, effective from 16-12-1987.

Q: Before its omission, what did Section 7 primarily deal with?

A. Commutation of pension.
B. Travelling allowance.
C. Term of office.
D. Removal from office.

View Correct Answer

Correct Answer: A. Commutation of pension.
Reasoning: The heading of the omitted section was “[Commutation, of pension.]”.

Frequently Asked Questions

Why is Section 7 blank in the Act?

It is blank because it was omitted (repealed) by the Amendment Act 50 of 1987. The provisions it contained were no longer needed in that specific form due to changes in other sections.

Does the CAG still have the right to commute pension?

Yes. While Section 7 was omitted, the right to pension and its commutation is now covered under Section 6 (specifically Section 6C), which grants the CAG pensionary benefits equivalent to a Supreme Court Judge.

When did this change take effect?

The omission of Section 7 took effect on 16th December 1987.

Conclusion

Although Section 7 is now a historical footnote in the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971, its omission represents a significant step in the legislative history of the CAG’s office. It signifies the moment Parliament decided to align the CAG’s post-retirement benefits directly with the judiciary, ensuring independence and financial security without the need for redundant clauses.