Indian Soldiers (Litigation) Act, 1925
No: 4 Dated: Feb, 26 1925
THE INDIAN SOLDIERS (LITIGATION) ACT, 1925
ACT NO. 4 OF 1925
An Act 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.
WHEREAS it 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: —
1. Short title, extent and commencement.—(1) This Act may be called the Indian Soldiers (Litigation) Act, 1925.
(2) It extends to the whole of India
(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 Court other than a Criminal Court and includes any such tribunal or other authority as may be specified by the Central Government by notification in the Official Gazette being a tribunal or authority which is empowered by law to receive evidence on any matter pending before it and on the basis of such evidence to determine, after hearing the parties before it, the rights and obligations of the parties in relation to such matter;
(b) “Indian soldier” means any person subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950) , or the Navy Act, 1957 (62 of 1957);
(c) “prescribed” means prescribed by rules made under this Act; and
(d) “proceeding” includes any suit, appeal or application;
(e) any reference to a decree or order of a Court shall be deemed to include a reference to a judgment, determination or award of a Court.
3. Circumstances in which an Indian soldier shall be deemed to be serving under special conditions.—For the purposes of this. Act, an Indian 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 beyond India or at any such place within India as may be specified by the Central Government by notification in the Official Gazette;
(b) under war conditions—when he is or has been, at any time during the continuance of any hostilities declared by the Central 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 India,
(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 Central Government by notification in the Official Gazette to be service under war conditions; and
(c) overseas—when he is or has been serving in any place outside India (other than Ceylon) the journey between which and India is ordinarily undertaken wholly or in part by sea.
Explanation.—For the purposes of this section and with effect from the 3rd day of September, 1939, 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.