THE HIMACHAL PRADESH LOKTANTRA PRAHRI SAMMAN ACT,
2021
ARRANGEMENT OF SECTIONS
Sections :
1. Short title
2. Definitions
3. Eligibility for SammanRashi
4. Ineligibility for SammanRashi
5. Fixation of SammanRashi
6. Procedure for submitting application
7. Constitution of the Committee
8. Cancellation of order of SammanRashi
9. Validation
10. Power to make rules
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THE HIMACHAL PRADESH LOKTANTRA PRAHRI SAMMAN ACT,
2021
(ACT NO. 5 OF 2021)1
Received the assent of the Governor of Himachal Pradesh on the 29thApril, 2021 and published both in Hindi and English in the Rajpatra, Himachal Pradesh (e-Gazette), dated 6thMay, 2021, pp. 731-737).
AN ACT for making provisions of SammanRashi, facilities and the issues related thereto for such LoktantraPrahris, who were detained in jails or police stations under the provisions of the Maintenance of Internal Security Act, 1971 (26 of 1971) repealed, Defence of India Rules, 1971 (repealed) and the Code of Criminal Procedure, 1973 (2 of 1974) for political and social reasons during the emergency period from 25th June, 1975 to 21st March, 1977. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventy-second Yearof the Republic of India as follows:—
1. Short title.-This Act may be called the Himachal Pradesh LoktantraPrahriSammanAct, 2021.
2. Definitions.- In this Act, unless the context otherwise requires,—
(a) "Committee" means Committee constituted under section 7;
1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha/ For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (e-Gazette),dated the 20th March, 2021, pp. 9377 and 9380-9381
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(b) "emergency period" means the period commencing from 25th June, 1975 to 21stMarch, 1977;
(c) "LoktantraPrahri" means a person belonging to the Himachal Pradesh who wasdetained in jail or police station under the Maintenance of Internal Security Act,1971 (26 of 1971) (repealed) or the Defence of India Rules, 1971 (repealed) orCode of Criminal Procedure, 1973 (2 of 1974) for political or social reasonsduring emergency period and a person belonging to other State who was detainedin jail or police station of the State of Himachal Pradesh under the Maintenance ofInternal Security Act, 1971 (repealed) or the Defence of India Rules, 1971(repealed) or Code of Criminal Procedure, 1973 for political or social reasonsduring emergency period;
(d) "Notification" means a notification published in the Rajpatra (e-Gazette),Himachal Pradesh;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "SammanRashi" means such money as may be notified and awarded by the StateGovernment to honour the LoktantraPrahri or the spouse of deceased LoktantraPrahri under section 5; and
(g) "section" means a Section of this Act.
3. Eligibility for SammanRashi.-(1) Following persons shall be eligible to getSammanRashi for their life time,-
(a) LoktantraPrahri; and
(b) spouse of deceased LoktantraPrahri
(2) The spouse of the deceased LoktantraPrahri shall also be eligible for full specifiedSammanRashi.
4. Ineligibility for SammanRashi.-Following persons shall be ineligible to get SammanRashi,--
(a) a person who has been punished by court of law on charges of moral turpitude;and
(b) a person who has produced false information or certificate or wrong details inorder to establish his or others' right to receive SammanRashi and facilities.
5. Fixation of SammanRashi.-(1) The SammanRashi awarded as honour to theLoktantraPrahri and eligible period of detention for receiving such SammanRashi shall bedetermined by the State Government from time to time.
(2) Any LoktantraPrahri, who is receiving less SammanRashi or pension from other Statesin comparison to the SammanRashi determined by
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the Government of Himachal Pradesh, shall beeligible to receive the difference amount of SammanRashi as determined by the State Government.
(3) The LoktantraPrahri or his spouse after his death, shall be eligible to get SammanRashi from the date of recommendation, made by the Committee.
6. Procedure for submitting application.-(1) The LoktantraPrahri shall apply to theAdministrative Secretary in the General Administration Department in such manner as may beprescribed alongwith certificate of detention in the jail or police station.
(2) In case of jail, a certificate of Superintendent of Jail and in case of police station, acertificate of Superintendent of Police shall be attached compulsorily and submitted to theAdministrative Secretary in the General Administration Department by the LoktantraPrahri.
7. Constitution of the Committee.-(1) To scrutinize applications received for sanctionof SammanRashi and to recommend about eligibility or non-eligibility of the applicant, acommittee shall be constituted in the manner as may be prescribed.
(2) The Committee may suomotoaccept any application and recommend it for SammanRashi.
(3) The sanction or rejection order of SammanRashi shall be issued by the AdministrativeSecretary in the General Administration Department on the basis of Committees'recommendations.
(4) It will be mandatory for the spouse of deceased LoktantraPrahri to apply in theprescribed form to sanction the SammanRashi in case the same has not been sanctioned during thelifetime of the LoktantraPrahri.
(5) The payment of SammanRashi sanctioned to spouse of deceased LoktantraPrahrishall automatically stop on his death.
8. Cancellation of order of SammanRashi.- (1) The order of sanction of SammanRashi under this Act shall be withheld or cancelled on the following grounds,-
(a) participation in any crime of moral turpitude and in anti- national activity;
(b) punishment for commission of any offence;
(c) receiving the SammanRashi despite any ineligibility under the Act; and
(d) submission of false information and false affidavit.
(2) On the basis of grounds mentioned in sub-section (1) or any relevant complaint orrepresentation or suomotoinformation received, the Committee after giving reasonable opportunityof being heard, may enquire the case of concerned person whose SammanRashi has beensanctioned. After
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recommendation of the Committee, the Administrative Secretary in GeneralAdministration Department shall issue an order accordingly.
(3) If any person receives SammanRashi or facilities on the basis of false documents, thenthe same shall be recoverable from him as arrears of land revenue.
9. Validation.-Any order sanctioning SammanRashi to a LoktantraPrahri issued underthe Himachal Pradesh LoktantraPrahriSammanRashiYojna, 2019 on or before the date ofcommencement of this Act, shall be deemed to have been validly made under this Act.
10. Power to make rules.-(1) The State Government may, by notification in theRajpatra (e-Gazette), Himachal Pradesh, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act, shall be laid, as soon as may be after it is made,before the Legislative Assembly while it is in session for a total period of not less than ten dayswhich may be comprised in one session or in two or more successive sessions, and if, before theexpiry of the session in which it is so laid or the session immediately following, the Assemblymakes any modification in the rule or decides that the rule should not be made, the rule shall,thereafter, have effect only in such modified form or be of no effect, as the case may be, so,however, that any such modification or annulment shall be without prejudice to the validity ofanything previously done under that rule.
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