Bare Act
The East Punjab War Award Act, 1948
1. Short title and commencement.
( 1 ) This Act may be called the East Punjab War Awards Act, 1948. (2) It shall come into force at once [in the principal territories and on the 28th August, 1949, in the transferred territories.]
2. Definitions.
In this Act, unless there be anything repugnant in the subject or context,- [(a) 'eligblc person' means- (i) a citizen of India ordinarily residing in the State of [Haryana] who is the father, or, where the father is dead, the mother, of three or more persons 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 26th October, 1962 or the 3rd December, 1971, ] but does not include a person who has for such reason already received a land grant nr other award from Government; or (ia) a citizen of India ordinarily residing in rhe State of [Haryana] who is the father, or, where the father is dcad, the mother, of the [ only son or only unmarried daughter or both serving or who have served] or of [only two sons or only two unmarried daughters] serving or who have served in the armed forces of the Union during the emergency declared by the Presjden t of India under ArcicIe 352 of the Constitution of India on [the 26th October, 1962 or the 3rd December, 197 1 ], but does not include a person who has for such reason heady received land gmnt or other award from Government ; or (ii) a person who is now a citizen of India and who - (a) immediarely before the fifteenth day of August, 1937, ordinarily resided in the undivided Punjab, or (b) immediarely before the 20th August, 1 948, ordinarily resided in the territories which on that date formed thc State of Patialzt and East Punjab States Union and who is the father, or where the father is dead, the mother of three or more persons who having been at any time enrolled or commissionid in forces then referred to as as Majesty's Naval, Military or Air Forces or in the forces maintained by any of the lndian Slates comprised in the aforesaid territories and who were liable lo serve wherever rcquired and have actually served in any of the said forces during the Second World War, but nor 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 Governmcnt of the territories fonned as aforesaid or of any Indian State comprised in such territories or the [Haryana] Government; (b) "Govemrnentl"means the [State] Government of [Haryana] ; (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.
3. Creation of war jagirs.
[( 1 ) Notwithstanding anything contained in any other law for the time being in force, the Government shall have power ro grant to every cligible person a war jagir of the val ue specified hereunder, namely- (a) for three children of the grantee so serving or so enrolled or commissioned. a grant of [five thousand rupees] per annum; and (6) for every additional child,- ( i) so serving or served, of the eligible person referred to in sub-clause (i) of clause (a) of section 3, an additional grant of [fifty] rupees per annum ; and (it) so enrolled orcommissioned, oftheeligible person referred to in sub-clause ( ii) of clause (a) of section 2, an additional grant of ten rupees per annu m : Provided 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-ciause ( ii) of that clause, shall be taken into account.] (lA) Notwithstanding anything contained in sub-section ( I ) or in any other law for thc time being in force. the Government shall have the power to grant a war jagir of [five thousand rupees] per annum to every eligibIe person referred to in sub-clause (ia) af clause (a) of section 2 [ for the [only son or on1 y unmanied daughter or both or on1 y two sons or only two unmarried daughters]of the grantee so serving or scrved.]
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 the life-time of the mother.
5. Power to attach conditions to enjoyment of war jagir.
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.
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.
8. Savings.
Nothing in this Act shall be deemed to affect the provisions of the Pensions Act, 1871 (Act 23 of 1871), or of the Government Grants Act, 1895 (Act 15 of 1895), so far as they are applicable to war jagirs.
9. Certain question 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 thereon shall be final and conclusive and shall not be liable to be called in question in any Court.
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