Section 13: Pension to cease on bankruptcy

13. Pension to cease on bankruptcy (1) Where a person to whom a pension or other allowance has been granted is adjudicated bankrupt or is declared insolvent by judgment of a competent Court, the pension or allowance shall forthwith cease. (2) Where a person is adjudicated bankrupt or declared insolvent under subsection (1)— (a) after retirement in circumstances in which he is eligible for a pension or allowance but before the pension or allowance is granted; or (b) before such retirement, and he has not obtained his discharge from bankruptcy or insolvency at the date of retirement, any pension or allowance eventually granted to him shall in the former case cease as from the date of adjudication or declaration as the case may be and, the pension or allowance may be granted in the latter case, but it shall cease forthwith and not become payable. (3) Where a pension or allowance ceases by reason of this section, the President may direct all or any part of the money to which such person would have been entitled by way of pension or allowance had he not been sentenced as mentioned in subsection (1) to be paid, or applied, in the same manner in all respects as prescribed in section 13 and such money shall be paid or applied accordingly. [Issue 5] P6 – 10 Revised Laws of Mauritius (4) Where such person after conviction receives a free pardon, the pension or allowance shall be restored with retrospective effect, but in determining whether arrears of such pension or allowance are payable to such person and in computing the amount thereof, account shall be taken of all money paid or applied under subsection (3). [S. 13 amended by s. 23 of Act 48 of 1991 w.e.f. 12 March 1992.]