Punjab act 022 of 1948 : The East Punjab War Awards Act 1948

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CONTACTS

Section Page

1 Short title and commencement

2 Definition

3 Creation of war jagirs

4 Tenure of war jagirs

5 Power to attach conditions to enjoyment of war jagirs

6 Assessment and collection of assigned land revenue

7 Exemption of war jagir from attachment

8 Savings

9 Certain question to be referred to Government for final Decision

1

THE EAST PUNJAB WAR AWARDS ACT. 1948

EAST PUNJAB ACT NO. 22 OF 1948

[ Reveived the assent of His Excellency the Governor on the 10thApril 1948, and was first published in the East Punjab Government Gazette, extraordinary, dated the 10thApril 1948]

1 2 3 4

Year No. Short title Whether repealed or otherwise affected by Legislation

1948 22 The East Punjab war Adapted by:-

Awards Act 1948 (1) The Adaptation of Law Order,

1950

(2) The adaptation of Laws (Third Amendment) Order, 1951. Amended by:-

(1) Punjab Act 22 of 19522

(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 19574

(4) Punjab Act 17 of 1959 5

(5) Punjab Act 36 of 19606

(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 the10[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.

2

1For Statement of Object and Reasons, see East Punjab Government Gazette (Extraordinary), 1948. page 266.

2 For Statement of Object 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.

3For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1954. page 838.

4 For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1957. page 689.

5 For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1959. page 284.

6 For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1960. page 1960.

7 For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1964. page 890.

8 For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1965. page 1116.

9 For Statement of Object and Reasons, see Punjab Government Gazette (Extraordinary), 1967. page 909.

10Substituted by the Adaptation of Laws (Third Amendment) Order, 1951

3

THE EAST PUNJAB WAR AWARDS ACT, 1948

It is hereby enacted as follows :-

1 (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 28thAugust, 1949]

2 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, of3[three or more children] 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 26thOctober, 1962, but does not include a person who has for such reason 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 mother, of the5[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 26thOctober, 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 26thOctober, 1962, but does not include a person who has for such reason already received a land grant or other award from Government ; or]

1 Added at the end of sub-section (2) of section 1 by Punjab Act No. 17 of 1959.

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. Short title and

commencement

Definations

4

3 Substituted for the 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.

(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 20thAugust 1948, ordinarily resided in the territories which on that date formed the State of Patiala and East Punjab States Unions,

And who is the father, or where the father is dead, the mother of three or more1[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 during the second World War, but does 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 Punjab Government.

(b) "Government" means the State Government of Punjab ;

(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. 2[3. (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 eligible person with the meanings of sub-clauses (ii) of clauses (a) of section 2:

Punjab Act V

of 1941

Creation of war jagir

5

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-clauses, 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 manned 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 purpose 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. 1Substituted for the word "persons" by Punjab Act No. 2 of 1968, section 2 2Section 3 substituted by Punjab Act No. 2 of 1968, section 3.

(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.

1[4. 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.]

5. 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 Any land-revenue assigned under the power herein conferred shall be assessed and collected in the manner provided by the law for the time being in Power of

attach

condition

enjoyment

of war jagir

Tenure of

War Jagir

Assessment

and Coll-

ection of

assigned land

revenue

6

force for the assessment and collection of land revenue as if it has not been so assigned.

7 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 Noting in this Act shall be deemed to affect the provisions of the Pensions Act, 1871 (Act 23 of 1871), or of the2Government Grants Act, 1895 (Act 15 of 1895), so far as they are applicable to war jagirs.

9 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. 1Section 4 substituted by Punjab Act No. 26 of 1964, section 4. 2Substituted by Adaptation of Laws Order, 1950, First Schedule, For

"Crown".

Exemption of war

jagir from attachment Savings Certain question to be referred to Govt. for final decision

7

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 18, 2013 285

(AGHN 27, 1935 SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 18th December, 2013 No. 63-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 29th Day of November, 2013, is hereby published for general information:-

THE EAST PUNJAB WAR AWARDS (AMENDMENT) ACT, 2013

(Punjab Act No. 52 of 2013)

AN

ACT

further to amend the East Punjab War Awards Act, 1948. BE it enacted by the Legislature of the State of Punjab in the Sixty-fourth Year of the Republic of India as follows: -

1. (1) This Act may be called the East Punjab War Awards (Amendment) Act, 2013.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In the East Punjab War Awards Act, 1948, in section 3, in sub-section (1), in clause (a), for the words "five thousand rupees", the words "ten thousand rupees"

shall be substituted.

3. (1) The East Punjab War Awards (Amendment) Ordinance, 2013 (Punjab Ordinance No. 3 of 2013), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the principal Act, as amended by this Act.

H.P.S. MAHAL,

Secretary to Government of Punjab, Department of Legal and Legislative Affairs. Short title

and

commenc

ement

Amendm

ent of

section 3

of Punjab

Act 22 of

1948

Repeal and saving

8

389/12-2013/Pb, Govt. Press, S.A.S. Nagur

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 8, 2024 45

(ASVN 16, 1946 SAKA)

PART 1

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 8th October, 2024

No. 10-Leg./2024. The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 23rd day of September, 2024, is hereby published for general information:-

THE EAST PUNJAB WAR AWARDS (AMENDMENT) ACT, 2024

(Punjab Act No. 10 of 2024)

AN

ACT

further to amend the East Punjab War Awards Act, 1948, Be it enacted by the Legislature of the State of Punjab in the Seventy-fifth Year of the Republic of India, as follows:-

1. (1) This Act may be called the East Punjab War Awards (Amendment) Act,

2024.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In the East Punjab War Awards Act, 1948, in section 3, in sub-section (1), in clause (a), for the words "ten thousand rupees", the words "twenty thousand rupees" shall be substituted.

MANDEEP PANNU,

Principal Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 4011/10-2024/Pb. Govt. Press, S.A.S. Nagar Short title

and

commence

ment

Amend

ment in section 3 of Punjab Act 22 of

1948

10

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