East Punjab Act No. 22 of 1948
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Certain question to be referred to Government for final decision |
ACT, 1948
East Punjab Act No. 22 of 1948
[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.]
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Whether repealed or otherwise affected by Legislation |
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1948 |
22 |
The East Punjab War Awards Act, 1948 |
Adapted by- (1) The Adaptation of Laws (Third Amendment) Order, 1951. Amended by- (1) Punjab Act 22 of 19722 (2) Punjab Act 38 of 19453 (3) Extended to the territories which immediately before the Ist 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 19575 (5) Punjab Act 36 of 19606 (6) Punjab Act 26 of 19647 (7) Punjab Act 22 of 19658 (8) Punjab Act 3 of 19689 |
An Act to empower the Punjab government to award Fauji Seva Purskar to certain [1]persons.
1. Short
title and Commencement - It is hereby enacted as follows:-
(1) This Act may be called the East
Punjab Was Awards Act, 1948.
(2)
It shall come into force at once, 1[and in its application to the
territories which, immediately before the Ist 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.]
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, of-
(a)
only son or only child ; or
(b)
only two sons or only two children ; or
(c)
three or more children,
who
has or have served or who is or are serving 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 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 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 2[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.
(a) three hundred rupees per annum
if he is an eligible person within the
meanings of sub-clause (i) of clause (a) of section 2;
(b)
one hundred rupees per annum, if he is an eligible 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 my 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 party 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. Tenability
of Grantee - 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 the lifetime of the mother.]
5. Conditions
- 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.[2]
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.
9. Certain
question to be referred to Government for final decision - If any
question arises under this Act-
(a)
whether or not a person i[3]s
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.
[1][1][1] 1For Statement of Object and Reasons, see East Punjab Government Gazette (Extraordinary), 1948, page 266.
2. 2For
Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary)
1952, page
1154 (b). This is Act shall be
deemed to have come into force from the 10th day of April, 1948.
3 3For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, page
838.
4 4For Statement of Objects and Reasons see Punjab Government Gazette (Extraordinary), 1957, page 689.
5. 5For Statement of Objects and Reasons see Punjab government Gazette (Extraordinary) 1959, page 284.
6 6For Statement of Object and Reasons see Punjab Government Gazette (Extraordinary) 1960 page 1960.
7. 7For Statement of Object and Reasons see Punjab Government Gazette (Extraordinary) 1964 page 890.
8. 8For Statement of Object and Reasons see Punjab Government Gazette (Extraordinary) 1965 page 1116.
9 9For Statement of Object and Reasons see Punjab Government Gazette (Extraordinary) 1967 page 909.
10 10Substituted by the Adptation of Laws (Third Amendment) Order, 1951.
1Added at the end of sub-section (2) of section 1 by Punjab Act No. 17 of 1959.
2Substituted 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.
3Substituted for the words "three or more persons" by Punjab Act No. 2 of 1968, Section 2.
4Added by Punjab Act No. 22 of 1965, section 2.
5Substituted for the words "only son serving or who has served" by Punjab Act No. 2 of 1968, section 2.
1Section 3 substituted by Punjab Act No. 2 of 1968, section 3.
1Section 4 substituted by Punjab act No. 26 of 1964, section 4.
[3]Substituted by Adaptation of Laws Order, 1950, First Schedule, for "Crown".