Chandigarh act 022 of 1948 : The EAST PUNJAB WAR AWARDS ACT, 1948

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1948 : East Pb. Act XXIT] WAR AWARDS 209 THE EAST PUNJAB WAR AWARDS ACT, 194g.

TABLE OF CONTENTS.

Sections.

i. Short tithe and commencement. Definitions.

Creation of war jagirs. Tenure of war jagirs.

Power to attach conditions to enjoyment of war jagir. Assessment and collection of assigned land revenue. De

3,

A,

5.

6.

7, Exemption of war jagir from attachment. 8, Savings.

9 Certain question to be referred to Government for final decision.

1

1948 : East Pb. Act XXII] [ Received the assent of His the 10th April,

April 10, 1948.]

WAR AWARDS 211

iTHE EAST PUNJAB WAR AWARDS ACT. 194 East Punjab Act No. XXII of 1948 es. Excellency the Governor on 1948, and was first publi 7 , li East Punjab Government Gazette (Extraorainery) 1 2 3 Tt 4

Yra \ J i '1 year | No. Short title Whether repealed or otherwise Affected by legislation

XXII | East Punjab War

Awards Act, 1948

|

|

| |

\For Statement of Obj

(Extraordinary), dated the 1

Assembly, see East Punjab

843871.

2For Statement of Obj (Extraordinary), dated the 16th October,

_ In the Council,

" (2)23—(2)29. This April, 1948.

°For Statemen

(Extraordinary), 1954, 'For Statement

(Extraordinary), 1957, page 689 5For Statement of Object (Extraordinary), 1959, page < For Statement of Obj

(Extraordinary), 1960, page. 7For Statement of Obje page 838

/V.

(Ry ®For Statement of O xtraordinary), 1965, page

1115.

se a 5d, ee Sth March, , pag _ Legislative Assembly

Debates, Volume II,

1948, page

d Reasons, see Punj

ab

c C 1952,"

page 1154 (b) ;

for

' 'ab Legisl

ative Council

e

hi hee yenall SS

deemed to have c

ome into force

t of Objects and Re

asons,

of Objects and Reas

ons,

s and Reasons,

ects and Reasons,

See Punj

- cts and Reasons,

xtra, i : 890. ordinary), 1964, pe Objects and Reasons, See Amended in part by th i

of Laws Order, 1950 til

Amended in part by the Adaptation

is Laws (Third Amendment) Order,

Amended in part by Punjab Act

No. XXII of 19528 ) "

Amended by Punjab Act XXXV

of 19543 , ° m

Extended to the territories which

immediately before the lst Novem-

. ber, 1956, were comprised _ in the State of Patiala and East Punjab States Union, by Punjab Act No. 23 of 1957¢

Amended by Punjab Act No. 17 of 1959° Amended by Punjab Act XXXVI of 19605

Amended by Punjab Act . XXVI of 19647

Amended by. Punjab Act XXII of 1965°

Amended py the Punjab Reorg anisation

(Chandigar™) (Adaptation

of laws

on. State aod Concurrent

Subjects)

Order, 1968.

——e——

Government Gazette

i in the see Ea

st Punjab

266 ; for proceedings

Government Gazette

proceedings

Volume III. pages 2,

ead onthe 10th day of

Debates, —

Government Gaze

tte

see Punjab. :

Gazette

Punjab Government

Government Gazett

e

Gazette

see

see Punjab

ab Government

see Punjab G

overnment

Gazette

|

zette

Punjab Government

Ga

2

Commencement. Definitions.

212

An Act-to empower.the '[Punjab] ls to award,

5

= 2 . "7 7; 2 1 yore fo parents, three or more of whose ee ies er | or commissioned for service in F on la woe uring the recent Second World War, Forces during the rec It is hereby enacted as follows :—

1

Awards Act, 1948,

(2) It shall come into force at once, "[and in its a tion to the territories which, immediately befo . November, 1956, were comprised in the State of Pati and East Punjab States Unions, it shall be deemed Come Into force on 28th August, 1949,] have

2. In this Act, unless there be an

XT,

" ABirs €nrolleq x

1. (J) This Act may be called the East Punjap War TE Ig

ala

to

ything repugnant In the subject or context,—

"T@) "eligible person' means— —() a 'citizen'< of "India ordin the {Union Te ritor of Chan -s-the father; or, Where the father the. mother, of three ot more inarily residing in

digarh] who

is dead,

pérsons who ~ are "Seétving or have served in the armed forces of the emergency declared by the Presid under Article 352 of th Union during the

ent of India le 3; € Constitution of India on the 26th - October,

; or

"[(ia) a citizen of India the - Union . Terr tory Who' is *'the father, is dead, the Mother, of the se ving.or who. has Served j thr Union during the the President 6 1Sub)stituted for the words "fF. Amendment), Order, 1951

*Added at the end o

ast Punjab *

f sud-sec: 1959, ;

- "Substituted by Punjab Act No. 36 of 1969. 'Substituted for the words "(a) 'eligible Petson' citizen of India and who *by Punj 'Substituted for 964, the words «+s 1962, but does not n who has for such reason al-

Ordinarily residirig in

Of Chandigarh]

OT, where the father

only son

n the armed forces of

nergency declared by f India under Article 352 of the

i by the Adaptation of Laws (Third

» Fourteenth .Schedule,

7 of

ion (2) of Seti n | by Punjab Act No. |

i w 2a Means a: person who 1s no

ib Act No. 26 of 1

'of' : ' tate of Punjab" ' the Punjab Reorganis4:

tion (Chanugarh)(A dapatation of Lay Unjab"' by the J 1928. ;

®Inserted by Punjab Act No.

; . uel. VS On State and Concurrent Subjects) OF

Pplica.

WAR: AWARDS [1948 ; Fast Ph.

Act. x .

3

SF ee 19483 Fast Pb. Act XXII] W ar Awards 213

Constitution of India on the 26th :

1962, but does not include a person ate ne

for such reason already received a land grant

or other award from Governme nt; or] ~

(jj) a person who is now a cit izen of India and who.—

(a) immediately before the fift eenth day of

August, 1947, ordinarily resid ed 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 wha is the father, or where the father 1s

dead, the mother of three or more persons who

having been at any time enrolled or commis-

sioned in forces then referred to as His Majesty's

Naval, Military or Air Fo rces oF in the forces

maintained by any of the Indian States com-

prised in the 3foresaid territ ories and who were

liable to serve wherever required and have

actually served in any of the said forces during the Second World War,

but does not include

any person who has f

or such reason already received a land grant

or other award from

the Government of the

undivided Punjab or the Government of the terr itories formed as afore- said or.of any Indian 'St ate comprised in such

territories or the [Cen t 'al Government |-

]: °

(b) "Government" mea ns. the 2[Centval. G overn-

ment] ; :

(c) '"War Jagir'' mean s 4 jagir granted under this

Act ;

ier of (d) expressions used but not

defined in this Act 1941, - have the same meanings as in the Punja

Jagirs Act, 1941.

3. (1) Notwithsta nding anything co ntained 1m any other law for the time being in-force, the Government shall have power to g

rant to every eligi ble person a war jagit

of the value specified hereunder, namely:—

3

() for three childre n of the grantee so servins or

served or SO.

enrolled of

commus-

sioned, a: grant of o ne hundred rupees P et

annum ; and

_

.__, Substituted for the wor ds '«Punjab Gover nment"' by the Punjab Reorge-

Order iSee and

igarh) (Adaptat

ions of Laws

on State and C

oncurrent Subje

cts)

'Substitute l for the w ords ' 'State Governm ent of Punjab" by ip id.

'Substituted by Punjab Act No.

26 of 1964

7

214 War Awards [ (948 : East Pb. Act Xx

(6) for every additional child,—

i) so serving or served, of the eligible (/) referred to in sub-clause (7) of clang of section 2, an additional] grant of (;

rupees per annum : and Ort

(ii) so enrolled or commissioned, of person referred to in sub-clg clause (a) of section 2, an addition, grant of ten rupees per annum:

the eligi

use is

Mining th,

: _ JAgir Unde sub-clause (i) of clause (a) of section 2, no child

&rant of; war jagir under sub-clause (i) of that clause, shal] into account.] of such sum payable

le or part of the land revenue tea, and subject in either case to ccount of collection, Suspension or I¢ nue as the Government may direct. aaa Ye -[4) A war jagir sha , partially for br Y Condition imposed unde! for the life-time of the grantee, bul ubse ' wer to terminate or reduce uently rece; or 0

award on the a Y Teceives a land grant or. ;

Provided that a War ia ir a, ligible perso®: being the father, Shal] tre planted £0 anieligh > tenable for the life-time of the mothentt °F ae geen, ns

Inserted by Punjab Act No, 22 of 1965.

-

*Substituted by Punjab Act No, 26 of 1964

(1948 : East Pb, Act XXII. 215 yernment may attach such condition s as it Power to attach

, 7 he to the enjoyment of any or all war jagirs, and "ditions to, enjoy- ment of war jagirs. gee ons shall be communicated

to the gran

rm conden the grant 1s

made to him. gra

ntee at

or , time

.

land revenue assigned under the powers Ass t F Avert shall be assessed and

collected "a the 2 ollection of

i © ovided by the law for the time bein g in force —

nel | essment and collection of land -revenue as if it

r jagir shall be liable to seizure, attach- Exemption of wat tration by process of any Court at the j

:girs from attach-

ment.

No wa

"ar seques ol : i ptt of a creditor for any demand against the grantee, nil satisfaction of a de

cree or order of a

ny Court.

g Nothing in this Act shall be d

eemed to affect the savings

the Pensions Act, 187

1 (Act XXIII of 1871),

isjons O

| pr the Governme

nt] Grants Act, 1895 (Act XV of

i995), so far as they are ap

plicable to war jagirs.

9 If any question arises under this Act— Certain _ qu estion

to be referred to

a

Government for

. final dec ision.

(a) whether or not a person is a n eligible person,

or

(}) whether or not a grantee has_ committed -

breach of any condition impo sed under sec-

tion 5,

ii Wuestion shall be referred to the Government whos

e

Bia n thereon shall be

final and conclusive

and shall not

iable to be called in question in any Court

.

Se

"stituted by Adaptation of Law s Order, 1950, Schedule I,

6

SECTIONS