The Uttarakhand Democracy Fighters Honour Act, 2025

(1) This Act may be called the Uttarakhand Democracy Fighters Honour Act, 2025. (2) It shall extend to the whole of the State of Uttarakhand. (3) It shall come into force at once.

In this Act, unless the context otherwise requires— (a) "Democracy Fighter" means a permanent resident of Uttarakhand who actively participated in the movement for protection of democracy during the Emergency period, namely from the 25th day of June, 1975 to the 21st day of March, 1977, and who, on account of such participation, was detained for a period exceeding one month at any time during the 25th day of June, 1975 to the 21st day of March, 1977 period under Maintenance of Internal Security Act, 1971 (Repealed) / the Defence of India Rules, 1971 (Repealed) on political grounds; (b) "Free Medical Facility" means the facility provided in Government Hospitals and, in respect of private hospitals, refers to the facility provided under the Ayushman Bharat Scheme by the State empanelled hospitals; (c) "Free Transport Facility" means free travel within the State in the buses of the Uttarakhand Transport Corporation; (d) "Democracy Fighter Honour Amount" means such amount of money as may be determined from time to time by the State Government, payable to a Democracy Fighter or his widow or her widower; (e) "Political Punishment" means the sections imposed under the Maintenance of Internal Security Act, 1971 (Repealed) / the Defence of India Rules, 1971 (Repealed) during the period from 25-06-1975 to 21-03-1977 due to political opposition to the emergency.

The provisions of this Act shall not apply to— (1) Persons detained in prison on grounds other than political grounds; (2) Persons who, for the purpose of obtaining the Democracy Fighter Honour Amount or other facilities for themselves or for any other person, have submitted false particulars, information or certificates.

(1) The Democracy Fighter Honour Amount under this Act shall be sanctioned by the Government level on the recommendation of the District Magistrate concerned, in the form prescribed in Schedule "A", and the last date for identification of applicants for this purpose shall be one year from the date of commencement of this Act. (2) The Democracy Fighter Honour Amount shall be sanctioned by the Government level from the date of application by the applicant and subsequent action regarding payment will be taken by the District Magistrate of the concerned district, except in the case of applicants under section 6(1). (3) (i) The Democracy Fighter must be a permanent resident of Uttarakhand and must have been detained under Maintenance of Internal Security Act, 1971 (Repealed) / the Defence of India Rules, 1971 (Repealed) in any jail in the country during the Emergency period from the 25th day of June, 1975 to the 21st day of March, 1977. A certificate to this effect issued by the Superintendent of the concerned prison shall be mandatory, and shall be verified by the District Magistrate; (ii) Where records are not available or have been destroyed, the District Magistrate, upon necessary verification, may satisfy himself on the basis of other relevant records that the applicant had been booked under relevant provisions of Maintenance of Internal Security Act, 1971 (Repealed) / the Defence of India Rules, 1971 (Repealed) during the said period for opposing the Emergency, and that his arrest/detention is confirmed; (iii) Where charges under laws other than Maintenance of Internal Security Act, 1971 (Repealed) / the Defence of India Rules, 1971 (Repealed) were also invoked, the District Magistrate shall satisfy himself that such charges arose in connection with the struggle against the Emergency and not for reasons unconnected with political causes; (iv) Where an applicant applies from more than one district, the District Magistrate shall obtain from him an affidavit stating that he has applied from only one district within Uttarakhand and has not applied in any other State; (v) On submission of an application by a Democracy Fighter or his widow/widower and consequent sanction of the Democracy Fighter Honour Amount, payment shall be made in accordance with prevailing, relevant and periodically issued Government Orders; (vi) The identified Democracy Fighter or his widow/widower who are receiving "Democracy Fighter Honour Pension" before the enactment of this act, will continue to receive "Democracy Fighter Honour Pension" as before which will now be called "Democracy Fighter Honour Amount" after the enactment of this act; (4) The Democracy Fighter or his widow/widower shall be entitled, along with one companion, to free travel within the State in the buses of the Uttarakhand Transport Corporation; (5) The Medical Department of the State Government shall provide free medical facilities to the Democracy Fighter or his widow/widower in Government Hospitals and under the "Ayushman Bharat Scheme" by the State empanelled hospitals; (6) The concerned District Magistrate shall submit the bill for withdrawal of payable amount to the concerned Treasury along with the name, savings bank account number, name of the bank, and bank-wise details of the amounts payable to the recipients, in accordance with prevailing Government/Executive Orders. The Treasury shall directly credit the Democracy Fighter Honour Amount to the bank accounts of the recipients. No advance payment shall be made in any case; (7) All records relating to the Democracy Fighter Honour Amount and other facilities shall be preserved and audited as per relevant rules.

The Democracy Fighter Honour Amount and other facilities sanctioned under this Act may be withdrawn at any time, without assigning any reason and without notice, on the following grounds or for any other cause— (i) Conviction for an offence involving moral turpitude or participation in anti-national activities; (ii) Conviction for any offence other than a political offence; (iii) Receipt of Democracy Fighter Honour Amount despite ineligibility under section 3; (iv) Submission of false information or a false affidavit.

(1) Upon the death of a Democracy Fighter receiving the Democracy Fighter Honour Amount, the same shall be sanctioned to his widow or her widower with effect from the day following the date of death. (2) Where the Democracy Fighter dies before receiving the Democracy Fighter Honour Amount and his dependent widow/widower applies for the Democracy Fighter honour amount, payment shall be made from the date of application.

(1) An application for the Democracy Fighter Honour Amount under this Act shall be submitted to the District Magistrate in the form prescribed in Schedule "A". (2) The application shall be accompanied by a certificate from the concerned Jail Superintendent in support of detention. (3) The State Government may, if necessary, cause an inquiry into any application.

(1) In the event of withdrawal of the Democracy Fighter Honour Amount under section 5, recovery thereof shall be made as arrears of land revenue. (2) In the event of any error in recommendation for sanction of Democracy Fighter Honour Amount, the District Magistrate shall cause an inquiry and fix responsibility.

The State Government may, by notification in the Official Gazette, make rules and issue executive orders for carrying out the purposes of this Act.

(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, give such directions as may appear necessary or expedient for the purpose of removing such difficulty, and the provisions of this Act shall have effect subject to such adaptations, whether by way of modification, addition or omission, as may be so specified. (2) No order under sub-section (1) shall be made after the expiry of two years from the commencement of this Act.