The East Punjab War Awards Act, 1948

1948 : East Pb. Act XXIq] WAR AWARDS 209 THE EAST PUNJAB WAR AWARDS ACT, 1943, TABLE OF CONTENTS.

(1) This Act may be called the East Punjab War Awards Act, 1948. (2) It shall come into force at once, 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 28th August, 1949.

In this Act, unless there be anything repugnant in the subject or context,— (a) “eligible person” means— (i) a citizen of India ordinarily residing in the Union Territory of Chandigarh 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 (ia) a citizen of India ordinarily residing in the Union Territory of Chandigarh 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, but does not include a person who for such reason already received a land grant or other award from Government; or (jj) 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 persons 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 Central Government; (b) “Government” means the Central Government; (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.

(1) Notwithstanding anything contained in any other law for the time being in-force, the Government shall have power to grant to every eligible person a war jagir of the value specified hereunder, namely:— (i) for three children of the grantee so serving or served or so enrolled or commissioned, a grant of one hundred rupees per annum; and (ii) for every additional child,— (i) so serving or served, of the eligible person referred to in sub-clause (i) of clause (a) of section 2, an additional grant of Rs. 40 per annum; and (ii) so enrolled or commissioned, of the eligible person referred to in sub-clause (jj) of clause (a) of section 2, an additional grant of ten rupees per annum: Provided that to the eligible person receiving a war jagir under sub-clause (i) of clause (a) of section 2, no child for whom a grant of war jagir under sub-clause (i) of that clause, shall be taken into account.

A war jagir shall consist of such sum payable annually out of, or part of the land revenue as the case may be, and subject in either case to such conditions on account of collection, suspension or remission of land revenue as the Government may direct. (4) A war jagir shall be granted partially for or partially for the life-time of the grantee, but the Government shall have power to terminate or reduce such award on the grantee subsequently receiving a land grant or other award: Provided that a War Jagir granted to an eligible person being the father, shall be transferable to and tenable for the life-time of the mother after the death of the father.

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.

Nothing in this Act shall be deemed to affect the Pensions Act, 1871 (Act XXIII of 1871), or the Government Grants Act, 1895 (Act XV of 1895), so far as they are applicable to war jagirs.

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 a breach of any condition imposed under section 5, the 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.