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Union of India - Section
Section 13 in The Indian Soldiers (Litigation) Act, 1925
13.
/610Statement of Objects and Reasons.-In May 1915 an Ordinance was made and promulgated for the special protection in respect of civil and revenue litigation of Indian soldiers serving under war conditions. The Ordinance was replaced in the first instance by an Act passed in 1915, and the provisions of that Act were re-enacted, with certain amendments, in the Indian Soldiers (Litigation) Act, 1918. The Act applies to Indian soldiers serving under war conditions and provides inter alia for the postponement in certain circumstances of civil and revenue proceedings in which an unrepresented Indian soldier is a party and for the deduction from periods of limitation in suits, appeals or applications by Indian soldiers of the periods during which they have been serving under war conditions. The Act applies to service under war conditions during the war and for six months thereafter, and to other service which is declared by the Governor-General in Council to be service under war conditions.It was suggested that the protection required in these matters by Indian soldiers serving under war conditions was also required by .'Indian soldiers serving on garrison duty overseas and in certain areas in India. Local Governments and Administrations were accordingly consulted in regard to the working of the existing Act. They unanimously accept the suggestion to extend its operation and are of opinion that it has been found to be of real benefit to the absent Indian soldier, and that the hardship caused to the general public has been negligible. Certain of the authorities consulted were, however, of opinion that the Act should not apply to suits, appeals or applications to enforce a right of pre-emption, nor to cases in which the interests of the soldier in the proceeding are either identical with or are adequately represented by another party to the proceeding. The former restriction on the application of the Act may be compared with the exception in section 8 of the Indian Limitation Act, 1908, and the restriction was proposed because of the insecurity of tenure which is involved by the present law in such cases. The Bill has been prepared to give effect to these suggestions, and it has been considered expedient to provide for them by consolidating and amending the law on the subject.[24th February, 1925]An Act to consolidate andamend the law to provide for the special protection in respect of civil andrevenue litigation of Indian soldiers serving under special conditions.Whereasit is expedient to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldiers serving under special conditions; It is hereby enacted as follows: -| This Act has been extended to the new Provinces and the merged States by the Merged States (Laws) Act, 1949, S.3 (w.e.f. 1.1.1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Lows) Act, 1950 (30 of 1950), S.3 (w.e.f. 16.4.1950). Manipur and Tripura are full-filled States, now, see Act 81 of 1971 but Vindhya Pradesh is a part of Madhya Pradesh, see Act 37 of 1956, S.9.It has been extended also to the States merged in the State of Madhya Pradesh by M.P. Act 12 of 1950, S.3 (w.e.f. 3.4.1950).It has been extended to the Union Territory of Pondicherry by a notification issued under S.8 of the Pondicherry (Administration) Act, 1962 (49 of 1962), see Gazette of India, 1963, Pt. II, S.3(ii), p.3(S.O.4).It has been extended to the Union territory of - (a)Dadra and Nagar Haveli by Regn. 6 of 1963 (w.e.f. 1.7.1965); and (b) Laccadive, Minicoy and Amindivi Islands by Regn. 8 of 1965 (1.10.1967). These Islands are now known as Lakshadweep, see Act 34 of 1973, S.3 (w.e.f. 1.11.1973). (c) Goa, Daman and Diu, see Gazette of India, 22.8.1984, Pt. II, S.3(i), Ext.p.2 No. 333-G.S.R. 621(E) of 1984. |