The Chhattisgarh Democracy Fighter Samman Act, 2025

Short title, extent and commencement.-

1. (1) This Act may be called the Chhattisgarh Democracy Fighter Samman Act, 2025.
2. (2) It extends to the whole of the State of Chhattisgarh.
3. (3) It shall be deemed to have come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) "Democracy Fighter" means a person who was detained under the orders of the Government during the period of emergency declared under Article 352 of the Constitution of India between 25th June, 1975 and 21st March, 1977 and includes his/her legal nominee;
2. (b) "Government" means the Government of Chhattisgarh;
3. (c) "Prescribed" means prescribed by rules made under this Act;
4. (d) "State" means the State of Chhattisgarh.

Eligibility for Samman Nidhi

1. (1) Subject to the provisions of this Act and the rules made thereunder, every democracy fighter shall be entitled to a monthly pension as Samman Nidhi.
2. (2) Notwithstanding anything contained in sub-section (1), a democracy fighter shall not be entitled to Samman Nidhi, if he-
   • (a) is in receipt of any pension from the Central Government or any other State Government for the same purpose; or
   • (b) has been convicted and sentenced to imprisonment for a term of more than two years by a Court of law for any offence.

Application for Samman Nidhi Application for Samman Nidhi

1. (1) Every person eligible for Samman Nidhi under section 3 shall apply for the same to the Collector of the District in which he/she resides, in such form and in such manner as may be prescribed.
2. (2) The application under sub-section
3. (1) shall be accompanied by such documents as may be prescribed to prove that the applicant is a democracy fighter.
4. (3) The Collector shall, after making such inquiry as he deems fit, and after satisfying himself about the eligibility of the applicant, sanction the Samman Nidhi:

Sanction and payment of Samman Nidhi Sanction and payment of Samman Nidhi.

1. (1) The Competent Authority shall, after such verification as it may deem fit, pass an order sanctioning the payment of the Samman Nidhi to the Democracy Fighter.
2. (2) The Samman Nidhi sanctioned under sub-section
3. (1) shall be payable from the date as may be specified in the order.
4. (3) The payment of Samman Nidhi shall be made in such manner as may be prescribed.

Samman Nidhi not to be attached. No Samman Nidhi granted under this Act shall be liable to be seized, attached or sequestered by any court or any other authority at the instance of a creditor for or in respect of any debt or claim incurred by the Democracy Fighter.

Nomination

1. (1) Every Democracy Fighter shall make a nomination in such form and in such manner as may be prescribed, conferring the right to receive the Samman Nidhi in the event of his/her death, on such person or persons as may be specified in the nomination.
2. (2) If a Democracy Fighter nominates more than one person under sub-section (1), he/she shall specify in the nomination the amount or share of Samman Nidhi payable to each of the nominees in such manner as to cover the whole of the amount of the Samman Nidhi.
3. (3) A Democracy Fighter may at any time cancel a nomination made under sub-section
4. (1) and make a fresh nomination in such form and in such manner as may be prescribed.
5. (4) A Democracy Fighter may at any time vary a nomination made under sub-section
6. (1) by making a fresh nomination in such form and in such manner as may be prescribed.
7. (5) Every nomination made under sub-section
8. (1) and every fresh nomination made under sub-section
9. (3) or sub-section
10. (4) shall be sent by the Democracy Fighter to the prescribed authority.

Payment of Samman Nidhi in the event of death

1. (1) In the event of death of a Democracy Fighter, the Samman Nidhi shall be payable to the nominee or nominees nominated under section 7.
2. (2) If no nomination has been made under section 7, or if for any reason such nomination becomes void, the Samman Nidhi shall be payable to the legal heir of the deceased Democracy Fighter.
3. (3) Where the nominee is a minor, the Samman Nidhi shall be payable to such person as may be appointed by the prescribed authority to act as guardian of the minor until he attains majority.
4. (4) The payment of Samman Nidhi under this section shall be subject to such terms and conditions as may be prescribed.

Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or employee of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Power to make rules

1. (1) The State Government may, by notification in the official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the manner of application, submission of documents and the procedure for verification of the claim of a Democracy Fighter;
   • (b) the manner and procedure for sanction and disbursement of pension or other benefits;
   • (c) any other matter which is required to be, or may be, prescribed.
3. (3) All rules made under this Act shall be laid as soon as may be after they are made, before the State Legislative Assembly.

Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly.

Repeal and saving

1. (1) The Chhattisgarh Democracy Fighter Samman Nidhi Rules, 2008 and any executive instructions issued in this regard are hereby repealed: Provided that such repeal shall not affect the previous operation of the orders, rules or instructions so repealed or anything done or any action taken thereunder: Provided further that anything done or any action taken under the rules, orders or instructions so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.
2. (2) Notwithstanding such repeal, the democracy fighters who have been receiving the Samman Nidhi under the rules/orders so repealed shall continue to receive the same under this Act, subject to the provisions of this Act.

-1 13. Transitional provision.—Notwithstanding anything contained in this Act, any application for honorarium or any other benefit made or any order passed or any action taken or any payment made under the "Chhattisgarh Loktantra Senani Samman Nidhi Niyam, 2018" or any other administrative order issued or circulars issued in this behalf before the commencement of this Act, shall be deemed to have been made, passed, taken or issued under the provisions of this Act and shall continue to be in force unless and until it is revised or rescinded by a competent authority under this Act.