1East Punjab War Awards Act, 1948*
| [East Punjab Act No. 22 of 1948] | [10th April, 1948] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by Legislation |
| 1948 | 22 | The East Punjab War Awards Act, 1948 | Adapted by- (1) The Adaptation of Laws Order, 1950 (2) The Adaptation of Laws (Third Amendment) Order, 1951. Amended by- (1) Punjab Act 22 of 1952.2 (2) Punjab Act 38 of 19543. (3) Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union, by Punjab Act 23 of 1957.4 (4) Punjab Act 17 of 1959.5 (5) Punjab Act 36 of 1960.6 (6) Punjab Act 26 of 1964.7 (7) Punjab Act 22 of 1965.8 (8) Punjab Act 2 of 1968.9 |
An Act to empower the 10[Punjab] Government to award jagirs to parents, three or more of whose children were enrolled or commissioned for service in his Majesty's Forces during the recent Second World War.
It is hereby enacted as follows:-
1 For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1948, page 266.
2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary) 1952, page 1154(b). This Act shall be deemed to have come into force from the 10th day of April, 1948.
3 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, page 838.
4 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 689.
5 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1959, page 284.
6 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 1960.
7 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, page 890.
8 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1965, page 1116.
9 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), (1967) page 909.
10 Sub-situate by the Adaptation of Laws (Third Amendment) Order, 1951.
* [Received the assent of His Excellency the Governor on the 10th April, 1948, and was first published in the East Punjab Government Gazette, extraordinary, dated the 10th April, 1948.]
1East Punjab War Awards Act, 1948*
| [East Punjab Act No. 22 of 1948] | [10th April, 1948] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by legislation |
| 1948 | 22 | The East Punjab War Awards Act, 1948 | Amended in part by the Adaptation of Laws Order, 1950 Amended in part by the Adaptation of Laws (Third Amendment) Order, 1951 Amended in part by Punjab Act No. 22 of 19522 Amended by Punjab Act 38 of 19543 Extended to the territories which immediately before the 1st November, 1956 were comprised in the State of Patiala and East Punjab States Union by Punjab Act 23 of 19574 Amended by Punjab Act 17 of 19595 Amended by Punjab Act 36 of 19606 Amended by Punjab Act 26 of 19641 Amended by Punjab Act 22 of 19652 Amended by Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 1968.3 Amended by Haryana Act 10 of 19694. Amended by Haryana Act 31 of 19695. Amended by Haryana Act 23 of 19706. Amended by Haryana Adaptation of Laws Order, 1968.7 Amended hy Haryana Adaptation of Laws Order, 1968.8 Amended by Haryana Act 7 of 19739. Amended by Haryana Act 3 of 197410. Amended by Haryana Act 16 of 197911. Amended by Haryana Act 7 of 199312. Amended by Haryana Act 7 of 200213. |
An Act to empower the 1[Haryana] Government to award Jagirs to parents, three or more of whose children were enrolled or commissioned for service in His Majesty's Force during the recent Second World War.
It is hereby enacted as follows:-
1. For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), dated the 15th March, 1948, page 227; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume II, 1948, pages 843-871.
* [Received the assent of His Excellency the Governor on the 10th April, 1948, and was first published in the East Punjab Government Gazette (Extraordinary) of April 10, 1948]
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 16th October, 1952, page 1154(b); for proceedings in the Council see Punjab legislative Council Debates, 1952, Volume III, pages (2) 23-(2) 29. This Act shall be deemed to have come into force on the 10th day of April, 1948.
3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1954, page 838.
4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1957, page 689.
5. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra), 1959, page 284.
6. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1960, page 1960.
1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1964, page 890.
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1965, page 1116.
3. See Haryana Government Gazette (Extra.), dated 29th October, 1968, pages 531-567.
4. For Statement of Object and Reasons, see Haryana Government Gazette (Extra), 1969, page 120.
5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), 1969, page 490.
6. For Statement of Objects and Reasons, see Haryana Government Gazette (Exrra.), 1970, page 596.
7. Substituted for the word "Punjab" by the Haryana Adaptation of Laws Order, 1968.
8. Substituted by the Haryana Adaptation of Laws Order, 1968 for the words "and in its application to the territories which, immediately before 1st November, 1956 were comprised in the State of Patiala and East Punjab States Union, it shall be deemed to have come into force on the 28th August, 1949".
9. For Statement of Object and Reasons, see Haryana Government Gazette (Extraordinary), dated the 2-4-1973, page 732.
10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 4-1-1974, page 34.
11. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 21-9-1979, page 1648.
12. For Statement of Objects and Reasons, see Haryana Government Gazelle (Extraordinary), dated the 17-12-1992, page 2532.
13. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated the 5th March, 2002, page 389.
1. Substituted for the word "Punjab" by the Haryana Adaptation of Laws Order, 1968.
1. Short title and Commencement.- (1) This Act may be called the East Punjab War Awards Act, 1948.
(2) It shall come into force at once, 1[and in its application to the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union, it shall be deemed to have come into force on 28th August, 1949.]
1 ??? at the end of sub-section (2) of section 1 by Punjab Act No. 17 of 1959.
2. Definitions.- In this Act, unless there be anything repugnant in the subject or context,-
2(a) "eligible person" means-
(i) a citizen of India ordinarily residing in the State of Punjab ??? who is the father, or, where the father is dead, the mother, ??? 3[three or more children] who are serving or have ??? in the armed forces of the Union during the ??? declared by the President of India under Article ??? of the Constitution of India on the 26th October, ??? but does not include a person who has for such ??? already received a land grant or other award from Government; or
4[(ia) a citizen of India ordinarily residing in the State of Punjab who is the father, or, where the father is dead, the ??? of the 5[only son or only child who is serving or who has served] in the armed forces of the Union during the emergency declared by the President of India under Article 352 of the Constitution of India on the 26th October, 1962, but does not include a person who has for such reason already received a land grant or other award from Government; or]
6[(ib) a citizen of India ordinarily residing in the State of Punjab who is the father or where the father is dead, the mother, of only two children both of whom are serving or have served in the armed forces of the Union during the emergency declared by the President of India under Article 352 of the Constitution of India on the 26th October, 1962, but does not include a person who has for such reasons already received it land grant or other award from Government, or]
(ii) a person who is now a citizen of India and who,-
(a) immediately before the fifteenth day of August, 1947, ordinarily resided in the undivided Punjab, or
(b) immediately before the 20th August, 1948, ordinarily resided in the territories which on that date formed the State of Patiala and East Punjab States Union,
and who is the father, or where the father is dead, the mother of three or more 1[children] who having been at any time enrolled or commissioned in forces then referred to as His Majesty's Naval, Military or Air Forces or in the forces maintained by any of the Indian States comprised in the aforesaid territories and who were liable to serve wherever required and have actually served in any of the said forces ??? the Second World War, but does not include any ??? who has or such reason already received a land ??? or ??? award from the Government of the ??? or the Government of the territories form ??? as ??? or of any Indian State comprised in ??? or the Punjab Government.
(b) "Government" means the State Government of Punjab;
(c) "War Jagir" means a Jagir granted ??? this Act;
(d) expressions used but not defined in this Act have the same meanings as in the Punjab Jagirs Act, 1941 (Punjab Act 5 of 1941).
2 Substituted for the words "(a) ‘eligible person’ means a person who is now a citizen of India and who" by Punjab Act, No. 26 of 1964, section 2.
3 Substituted for tow words "three or more persons" by Punjab Act No. 2 of 1968, Section 2.
4 Added by Punjab Act No. 22 of 1965, section 2.
5 Substituted for the words "only son serving or who has served" by Punjab Act No. 2 of 1968, section 2.
6 Added by Punjab Act No. 2 of 1968, section 2.
1 Substituted for the word "persons" by Punjab Act No. 2 of 1968, section 2.
2[3. Creation of war Jagir.- (1) Notwithstanding anything in any other law for the time in force, the Government shall have the power to grant to a person a War Jagir of the value of-
(a) one hundred and fifty rupees per annum if he is an eligible person within the meanings of sub-clauses (i). (ia), or (ib) of clause (a) of section 2;
(b) one hundred rupees per annum, if he is an ??? person within the meaning of sub-clause (ii) of clause (a) of section 2:
Provided that if the eligible person within the meaning of-
(i) sub-clause (i) of clause (a) of section 2 has more than three children who have served or are serving in the manner referred to in the said sub-clause, an additional amount of fifty rupees per annum may be granted for every such child exceeding three;
(ii) sub-clause (ii) of clause (a) of section 2 has more than three children who were enrolled and commissioned and were liable to serve and have actually served, in the manner referred to in the said sub-clause, an additional amount of ten rupees per annum may be granted for every such child exceeding three;
Provided further that for the purposes of determining the eligibility of a person to the grant of a War Jagir under sub-clause (i) of clause (a) of section 2, no child of such person who has already made him eligible to the grant of a War Jagir under sub-clause (ii) of that clause shall be taken into account.
(2) A War Jagir shall provide for assignment of the appropriate sum or for the grant of such sum payable annually charged on the whole or part of the land revenue arising from a specified area and the amount of War Jagir shall, subject to such deductions on account of collection of land revenue as the Government may direct, be payable notwithstanding that the land revenue for the specified area may have been suspended or remitted.]
2 Section 3 substituted by Punjab Act No. 2 of 1968, section 3.
1[4. Tenure of war jagir.- A War Jagir shall, unless terminated wholly or partially for breach of any condition imposed under section 5, be tenable for the lifetime of the grantee, but Government shall have power to terminate or reduce it if the grantee subsequently receives a land grant or other award on the same ground on which the war jagir was granted to him:
Provided that a war jagir granted to an eligible person, being the father, shall, on the death of the father, be tenable for the life time of the mother.]
1 Section 4 sub-stituted by Punjab Act No. 26 of 1964, section 4.
5. Power to attach condition to enjoyment of war jagir.- The Government may attach such conditions as it may deem fit to the enjoyment of any or all war jagirs, and such conditions shall be communicated to the grantee at the time when the grant is made to him.
6. Assessment and collection of assigned land revenue.- Any land-revenue assigned under the powers herein conferred shall be assessed and collected in the manner provided by the law for the time being in force for the assessment and collection of land revenue as if it has not been so assigned.
7. Exemption of war jagir from attachment.- No war jagir shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor for any demand against the grantee, or in satisfaction of a decree or order of any Court.
8. Savings.- Nothing in this Act shall be deemed to affect the provisions of the Pensions Act, 1871 (Act 23 of 1871), or of the 2Government Grants Act, 1895 (Act 15 of 1895), so far as they are applicable to war jagirs.
2 Substituted by Adaptation of Laws Order, 1950, First Schedule, for "Crown".
9. Certain question to be referred to Government for final decision.- If any question arises under this Act-
(a) whether or not a person is an eligible person; or
(b) whether or not a grantee has committed breach of any condition imposed under section 5, such question shall be referred to the Government whose decision thereon shall be final and conclusive and shall not be liable to be called in question in any Court.
5. Power to attach conditions to enjoyment of war jagir.- The Government may attach such conditions as it may deem fit to the enjoyment of any or all war jagirs, and such conditions shall be communicated to the grantee at the time when the grant is made to him.
6. Assessment and collection of assigned land revenue.- 1[* * *]
1. Omitted by Haryana Act 3 of 1974.
7. Exemption of war jagirs from attachment.- No war jagir shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor for any demand against the grantee, or in satisfaction of a decree or order of any Court.
8. Savings.- Nothing in this Act shall be deemed to affect the provisions of the Pensions Act, 1871 (Act 23 of 1871), or of the 3[Government] Grants Act, 1895 (Act 15 of 1895), so far as they are applicable to war jagirs.
3. Substituted for the word "Crown" by Adaptation of Laws Order, 1950.
2[4. Tenure of war jagirs.- A War jagir shall, unless terminated wholly or partially for breach of any condition imposed under section 5, be tenable for the lifetime of the grantee, but Government shall have power to terminate or reduce it if the grantee subsequently receives a land grant or other award on the same ground on which the war jagir was granted to him:
Provided that a war jagir granted to an eligible person, being the father, shall, on the death of the father, be tenable for the life-time of the mother.]
2. Substituted by Punjab Act 26 of 1964.
1. Short title and commencement.- (1) This Act may be called the East Punjab War Awards Act, 1948.
(2) It shall come into force at once 2[in the principal territories and on the 28th August, 1949, in the transferred territories.]
2. Substituted by the Haryana, Adaptation of Laws Order, 1968 for the words "and in its application to the territories which, immediately before 1st November, 1956 were comprised in the State of Patiala and East Punjab States Union, it shall be deemed to have come into force on the 28th August, 1949".
3. Creation of war jagirs.- 1[(1) Notwithstanding anything contained in any other law for the time being in force, the Government shall have power to grant to every eligible person a war jagir of the value specified hereunder, namely-
(a) for three children of the grantee so serving or so enrolled or commissioned, a grant of 2[five thousand rupees] per annum; and
(b) for every additional child,-
(i) so serving or served, of the eligible person referred to in sub-clause (i) of clause (a) of section 2, an additional grant of 3[fifty] rupees per annum; and
(ii) so enrol led or commissioned, of the eligible person referred to in sub-clause (ii) of clause (a) of section 2, an additional grant of ten rupees per annum:
Provided that for the purposes of determining the eligibility of a person to the grant of a war jagir under sub-clause (i) of clause (a) of section 2, no child of such person, who has already made him eligible to the grant of a war jagir under sub-clause (ii) of that clause, shall be taken into account.]
4[(1A) Notwithstanding anything contained in sub-section (1) or in any other law for the time being in force, the Government shall have the power to grant a war jagir of 2[five thousand rupees] per annum to every eligible person referred to in sub-clause (ia) of clause (a) of section 2 5[for the 6[only son or only unmarried daughter or both or only two sons or only two unmarried daughters]] of the grantee so serving or served.]
(2) 1[x x x]
1. Substituted for old section 3 by Punjab Act 26 of 1964.
2. Substituted by Haryana Act 23 of 1970 and further substituted by Haryana Act 16 of 1979 and further substituted by Haryana Act 7 of 1993 and further substituted by Haryana Act 7 of 2002.
3. Substituted for the word by "forty" by Haryana Act 23 of 1970.
4. Sub-section (1A) added by Punjab Act 22 of 1965.
5. Substituted for the words "for only one son" by Haryana Act 10 of 1969.
6. Substituted by Haryana Act 3 of 1974.
1. Omitted by Haryana Act 3 of 1974.
2. Definitions.- In this Act, unless there be anything repugnant in the subject or context-
3[(a) ‘eligble person’ means-
(i) a citizen of India ordinarily residing in the State of 4[Haryana] who is the father, or, where the father is dead, the mother, of three or more persons who are serving or have served in the armed forces of the Union during the emergency declared by the President of India under Article 352 of the Constitution of India on 5[the 26th October, 1962 or the 3rd December, 1971,] but does not include a person who has for such reason already received a land grant or other award from Government; or
6[(ia) a citizen of India ordinarily residing in the State of 4[Haryana] who is the father, or, where the father is dead, the mother, of the 1[only son or only unmarried daughter or both serving or who have served] or of 1[only two sons or only two unmarried daughters] serving or who have served in the armed forces of the Union during the emergency declared by the President of India under Article 352 of the Constitution of India on 2[the 26th October, 1962 or the 3rd December, 1971], but does not include a person who has for such reason already received a land grant or other award from Government; or]
(ii) a person who is now a citizen of India and who-
(a) immediately before the fifteenth day of August, 1947, ordinarily resided in the undivided Punjab, or
(b) immediately before the 20th August, 1948, ordinarily resided in the territories which on that date formed the State of Patiala and East Punjab States Union and who is the father, or where the father is dead, the mother of three or more persons who having been at any time enrolled or commissioned in forces then referred to as His Majesty's Naval, Military or Air Forces or in the forces maintained by any of the Indian States comprised in the aforesaid territories and who were liable to serve wherever required and have actually served in any of the said forces during the Second World War, but not include any person who has for such reason already received a land grant or other award from the Government of the undivided Punjab or the Government of the territories formed as aforesaid or of any Indian State comprised in such territories or the 3[Haryana] Government;
(b) "Government" means the 4[State] Government of 4[Haryana];
(c) "War Jagir" means a Jagir granted under this Act;
(d) expressions used but not defined in this Act have the same meanings as in the Punjab Jagirs Act, 1941.
3. Substituted for clause (a), which was previously substituted by Punjab Act 36 of 1960, by Punjab Act 26 of 1964.
4. Substituted for the word ‘Punjab" by Haryana Adaptation of Laws Order, 1968.
5. Substituted by Haryana Act 7 of 1973.
6. Sub-clause (ia) inserted by Punjab Act 22 of 1965.
1. Substituted by Haryana Act 3 of 1974.
2. Substituted by Haryana Act 7 of 1973.
3. Substituted for the word "Punjab" by the Haryana Adaptation of Laws Order, 1968.
4. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
9. Certain question to be referred to Government for final decision.- If any question arises under this Act-
(a) whether or not a person is an eligible person, or
(b) whether or not a grantee has committed breach of any condition imposed under section 5,
such question shall be referred to the Government whose decision thereon shall be final and conclusive and shall not be liable to be called in question in any Court.