The Soldiers’ (Litigation) Act, 1925
ACT No. IV OF 1925
26th FEBRUARY, 1925
An Act to
consolidate and amend the law to provide for the special protection in respect
of civil and revenue litigation of soldiers serving under special conditions.
WHEREAS it is
expedient to consolidate and amend the law to provide for the special
protection in respect of civil and revenue litigation of soldiers serving under
special-conditions;
It is hereby enacted as follows:---
l. Short title, extent and commencement. — (l) This Act may be called the Soldiers’ (Litigation) Act,
1925.
(2) It extends to the whole of Pakistan
(3) It shall come into force on the first day of April,
1925.
2. Definitions. In
this Act, unless there is anything repugnant in the subject or context,---
(a) “Court” means a Civil or Revenue
Court ;
(aa) “Northern Areas” means Gilgit Agency including four
Political Districts of Pun a1, Ashkoman, Gupis and Yasin, Gilgit and Astore
Sub-divisions, Chilas Sub-Agency Darel-Tangir Sub-Agency
and the States of Hunza. and Nagar, and Baltistan Agency comprising Skardu,
Shigar, Khaplu Khamong, Rondu and Gultad Valleys ;
(b) “soldier” means any person subject to the Pakistan Army
Act, 1952, or the Pakistan Air Force Act, 1953, or the Pakistan Navy Ordinance,
1961.
(c) “prescribed” means prescribed by rules made under this
Act; and
(d) “proceeding” includes any suit, appeal or application.
3. Circumstances in which a soldier shall be deemed to be
serving under special conditions. For
the purposes of this Act, a soldier shall be deemed to be or, as the case may
be, to have been serving.
(a) under special conditions —when he is or has been serving
under war conditions, or overseas, or at any place in Kashmir or the Northern
Areas, or with any unit the headquarters of which are situated at any place in
Chitral, Waziristan, the North-West Frontier or Baluchistan which is more than
fifty miles distant by road from the nearest railway station;
(b) under war conditions when he is or has been, at any time
during the continuance of any hostilities declared by the Federal Government by
notification in the official Gazette to constitute a state of war for the
purposes of this Act or at any time during a period of six months
thereafter,---
(i) serving out of Pakistan
(ii) under orders to proceed on field service,
(iii) serving with any unit which is for the time being
mobilised, or
(iv) serving under conditions which, in the opinion of the
prescribed authority, preclude him from obtaining leave of absence to enable
him to attend a Court as a party to any proceeding, or when he is or has been
at any other time serving under conditions service under which has been
declared by the Federal Government by notification in the official Gazette to
be service under war conditions;
(c) overseas; and
(d) when he is or has been serving in any place outside Pakistan the journey between which and Pakistan
Explanation. — For
the purposes of this section and with effect from the 3rd day of
September, 1939, a soldier who is or has been a prisoner of war shall be deemed
to be or to have been serving under war conditions.
4. Particulars to be furnished in plaints, applications or
appeals to Court. If any person presenting any plaint,
application or appeal to any Court has reason to believe that any adverse party
is a soldier who is serving under special conditions, he shall state the fact
in his plaint, application or appeal.
5. Power of collector to intervene in case of
underrepresented soldier. If any Collector
has reason to believe that any soldier, who ordinarily reside; or has property
in his district and who is a party to any proceeding pending before any Court,
is unable to appear therein, the Collector may certify the facts in the
prescribed manner to the Court.
6. Notice to be given in case of unrepresented soldier. (1) if a Collector has certified under section 5, or if the
Court has reason to believe, that a soldier, who is a party to any proceeding
pending before it, is unable to appear therein, and if the soldier is not
represented by any person duly authorised to appear, plead or act on his
behalf, the Court shall suspend the proceeding and shall give notice thereof in
the prescribed manner to the prescribed authority:---
Provided that the Court may refrain from suspending the
proceeding and issuing the notice if,---
(a) the proceeding is a suit, appeal or application
instituted or made by the soldier, alone or conjointly with others with the
object of enforcing a right of preemption, or
(b) the interests of the soldier in the proceeding are, in
the opinion of the Court, either identical with those of any other party to the
proceeding and adequately represented by such other party or merely of a formal
nature.
(2) If it appears to the Court before which any proceeding
is pending that a soldier though not a party to the proceeding is materially
concerned in the outcome of the proceeding, and that his interests are likely
to be prejudiced by his inability to attend, the Court may suspend the proceeding
and shall give notice there*of in the prescribed manner to the prescribed
authority.
7. Postponement of proceedings. If, on receipt of a notice under section 6, the prescribed
authority certifies in the prescribed manner to the Court in which the proceeding
is pending that the soldier in respect of whom the notice was given is serving
under special conditions, and that a postponement of the proceeding in respect
of the soldier is necessary in the interests of justice, the Court shall
thereupon postpone the proceeding in respect of the soldier for the prescribed
period, or, if no period has been prescribed, for such period as it thinks fit.
8. Court may proceed when no certificate received. If, after issue of a notice under section 6, the prescribed
authority either certifies that the soldier is not serving under special
conditions or that such postponement is not necessary, or fails to certify, in
the case of a soldier resident in the district in which the Court is situate,
within two months or, in any other case, within three months from the date of
the issue of the notice that such postponement is necessary, the Court may, if
it thinks fit, continue the proceeding.
9. Postponement of proceedings against soldier on leave. When any document purporting to be signed by the Commanding
Officer of a soldier who is a party to any proceeding is produced by or on
behalf of the soldier before the Court in which the proceeding is pending and
is to the effect that the soldier,---
(a) is on leave of absence for a period not exceeding two
months, and is on the expiration of his leave to proceed on service under
special conditions, or
(b) is on sick leave for a period not exceeding three
months, and is on the expiration of his leave to rejoin his unit with a view to
proceeding on service under special conditions, the proceeding in respect of
such soldier may, in any case such as is referred to in the proviso to
sub-section (1) of section 6 and shall, in any other case, be postponed in the
manner provided in section 7.
10. Power to set aside decrees and orders passed against a
soldier serving under war or special conditions. — (1) In any proceeding before a Court in which a decree or
order has been passed against any soldier whilst he was serving under any
special conditions, the soldier for, if he is dead, his legal representative
may apply to the Court which passed the decree or order for an order to set
aside the same, and, if the Court, after giving an opportunity to the opposite
party of being heard, is satisfied that the interests of justice require that
the decree or order should be set aside as against the soldier, the Court
shall, subject to such conditions, if any, as it thinks fit to impose, make an
order accordingly.
(2) The period of limitation for an application under
sub-section (1) shall be ninety days from the date of the decree or order, or,
where the summons or notice was not duly served on the soldier in the
proceeding in which the decree or order was passed, from the date on which the
applicant had knowledge of the decree or order; and the provisions of section 5
of the Limitation Act, 1908, shall apply to such applications.
(3) When the decree or order in respect of which an
application under sub-section (1) is made is of such a nature that it can” not
be set aside as against the soldier only, it may be set aside as against all or
any of the parties against whom it has been made.
(4) Where a Court sets aside a decree or order under this
section, it shall appoint a day for proceeding with the suit, appeal or
application, as the case may be.
11. Modification of law of limitation where soldier or his
legal representative is a party. In
computing the period of limitation prescribed by sub-section (2) of section 10
of this Act. the Limitation Act, 1908 or any other law for the time being in
force, for any suit, appeal or application to a Court, any party to which is or
has been a soldier, or is the legal representative of a soldier, the period
during which the solider has been serving under any special conditions, and, if
the solider has died while so serving, the period from the date of his death to
the date on which official intimation thereof was sent to his next-of-kin by
the authorities in Pakistan, shall be excluded:---
Provided that this section shall not apply in the case of
any suit, appeal or application instituted or made with the object of enforcing
a right of preemption except where the said right accrues in such
circumstances, and is in respect of agricultural. land and village immoveable
property situated in any such area, as the Federal Government may, by
notification in the official Gazette, specify in this behalf.
12. Power of court to refer questions to prescribed
authorities. If any Court is in doubt whether,
for the purposes of section 10 or section 11, a soldier is or was at any
particular time serving under special conditions, or has died while so serving
or as to the date of such death or as to the date on which official intimation
of such death was sent to his next-of-kin by the authorities in Pakistan, the
Court may refer the point for the decision of the prescribed authority, and the
certificate of that authority shall be conclusive evidence on the point.
13. Rule making power. The
Federal Government after consulting the High Court concerned, may, by
notification in the official Gazette, make rules to provide for all or any of
the following matters, namely,---
(a) the manner and form in which any notice or certificate
under this Act shall be given;
(b) the period for which proceedings or any class of
proceedings shall be postponed under section 7;
(c) the persons who shall be the prescribed authorities for
the purposes of this Act;
(d) any other matter which is to be or may be prescribed;
and
(e) generally, any matters incidental to the purposes of
this Act.
14, Power to apply the provisions of the Act to other
persons in the service of the state. — (l)
As respects (he Provincial Public Services the Provincial Government, and in
other cases, the Federal Government may, by notification in the official
Gazette, direct that all or any of the provision of this Act. shall apply to
any other class of persons in the service of the State specified in such
notification in the same manner as they apply to soldiers.
(2) Where, under this section, the Provincial Government has
directed that all or any of the provisions of this Act shall apply to any class
of persons in the service of the State, the powers vested in the Federal
Government by section 3 and section 13 shall be exercised in respect of that
class of persons by the Provincial Government.
14A. Power to
apply the provisions of the Act to members of State Forces. Omitted by the
Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3
and Sch., II.
15. Repeal of
Acts IX of 1918 and XII of 1924. Rep. by the Repealing Act, 1927 (XII of 1927),
s. 2 and Sch.
No comments:
Post a Comment