Himachal Pradesh act 009 of 1972 : The HIMACHAL PRADESH WAR AWARDS ACT, 1972

THE HIMACHAL PRADESH WAR AWARDS ACT, 1972

ARRANGEMENT OF SECTIONS

Sections:

1. Short title, extent and commencement.

2. Definitions.

3. Creation of War Jagirs.

4. Tenure of War Jagirs.

5. Power to attach conditions to enjoyment of War Jagirs.

6. Exemption of War Jagir from attachment.

7. Savings.

8. Certain questions to be referred to the Government for final decision.

9. Repeal and Savings. ___________

THE HIMACHAL PRADESH WAR AWARDS ACT, 1972

(ACT NO 9 OF 1972)¹

(Received the assent of the Governor on the 20^thApril, 1972 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 21^stApril, 1972, pp. 408-411).

An Act to empower the Himachal Pradesh Government to award Jagirs to parents, whose children have served in the Armed Forces during the emergency declared under Article 352 of the Constitution of India on the 26^th October, 1962, or are serving or have served in the Armed Forces during the emergency declared under Article 352 of the Constitution of India on the 3rd December, 1971, or were enrolled or commissioned for service in his Majesty's Forces during the Second World War.

Amended repealed or otherwise affected by,-

(1) H.P. Act No. 7 of 1983², assented to by the Governor on 12^th April, 1983, published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated 20^thApril, 1983, pp. 490-491, effective from 15^th August, 1982.

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(2) H.P. Act No. 10 of 1994¹assented to by the Governor, on 25^th May 1994, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 27^thMay, 1994, pp. 1173-1176, effective from 1^stJanuary, 1993.

(3) H.P. Act No. 13 of 1998², assented to by the Governor, on 21^st August, 1998, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 24^thAugust, 1998, pp. 3193-3196, effective from 1^stApril, 1998.

(4) H.P. Act No. 10 of 2009³, assented to by the Governor, on 27^th March, 2009, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 31^stMarch, 2009, pp. 8770-8771.

(5) H.P. Act No. 49 of 2013

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, assented to by the Governor, on 20^th September, 2013, published both in Hindi and English in the Rajpatra, Himachal Pradesh, dated 26^thSeptember, 2013, pp. 3855-3856.

(6) H.P. Act No. 10 of 2020⁵, assented to by the Governor, on 26^th October, 2020, published both in Hindi and English in the Rajpatra (e-Gazette), Himachal Pradesh, dated 9^th November, 2020, pp. 5065-5067.

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-third Year of the Republic of India as follows:-

1. Short title, extent and commencement.- (l) This Act may be called the Himachal Pradesh War Awards Act, 1972.

(2) It extends to the whole of Himachal Pradesh.

(3) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 15^thMarch,

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THE HIMACHAL PRADESH WAR AWARDS ACT, 1972

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(a) 'eligible person' means-

(i) a citizen of India ordinarily residing in the State of Himachal Pradesh,

(a) who is the father, or, where the father is dead, the mother, of the only son or only child 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, or who is serving or 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 3rd December, 1971, but does not include a person who has for such reasons already received a land grant or other award from the Government of Himachal Pradesh or the Government of the State of Punjab as it existed before the re-organisation in the year 1966; or

(b) who is the father, or, where the father is dead, the mother, of only two sons or only two children both of whom 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, or both of whom are serving or have served in the armed forces of the Union during the emergency declared by the President of India on the 3^rdDecember, 1971, but does not include a person who has for such reasons already received a land grant or other award from the Government of Himachal Pradesh or the Government of the State of Punjab as it existed before the re- organisation in the year 1966; or

(c) who is the father, or, where the father is dead, the mother, of three or more children 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 the 26^thOctober, 1962, or 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 the 3^rdDecember, 1971, but does not include a person who has for such reasons already received a land grant or other award from the Government of Himachal Pradesh or the Government of the State of Punjab as it existed before the re- organisation in the year 1966; or

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(ii) a citizen of India ordinarily residing in the State of Himachal Pradesh who is the father, or, where the father is dead, the mother, of three or more children who having been at any time enrolled or commissioned in forces which, before the 15th August, 1947, were 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 State of Himachal Pradesh 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, for such reasons, already received land grant or other award from the Government of Himachal Pradesh or the Government of the State of Punjab as it existed before the re-organisation in the year 1966 or the Government of any Indian State aforesaid.

(b) 'Government' means the Government of Himachal Pradesh.

(c) 'War Jagir' means a Jagir granted under this Act.

1 [3. Creation of War Jagirs.- Notwithstanding anything contained in any other law for the time being in force, the Government shall have the power to grant to an eligible person a War Jagir of the value of²[seven] thousand rupees per annum.]

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 life- time 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 life-time of the mother.

5. Power to attach conditions to enjoyment of War Jagirs.- 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. 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.

7. Savings.- Nothing in this Act shall be deemed to affect the provision of the Pensions Act, 1871 (23 of 1871), or of the Government Grants Act, 1895 (15 of 1895), so far as they are applicable to War Jagirs.

1. Section 3 amended vide H.P. Act No. 7 of 1983, H.P. Act No. 10 of 1994, H.P. Act No. 13 of 1998 and substituted vide H.P. Act No. 10 of 2009.

2. The word "five" substituted for the word "two" vide Act No. 49 of 2013 again the word "seven" substituted for the word "five" vide H.P. Act No. 10 of

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THE HIMACHAL PRADESH WAR AWARDS ACT, 1972

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8. Certain questions 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 there on shall be final and conclusive and shall not be liable to be called in question in any court.

9. Repeal and Savings.- The East Punjab War Awards Act, 1948 (22 of 1948), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), and the Himachal Pradesh War Awards Ordinance, 1972 (1 of 1972), are hereby repealed:

Provided that the repeal shall not affect-

(a) the previous operation of any such law so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed ; or

(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been enacted :

Provided further that subject to the preceding proviso, anything done or any action taken under the Act and the Ordinance so repealed, so far as it is consistent with this Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.

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