UTTAR PRADESH FIGHTERS OF DEMOCRACY HONOUR ACT, 2016 (U.P. Act No. 9 of 2016) An Act to provide for Honour money, free transport facility and free medical facility to fighters of democracy who actively fought to protect the democracy during emergency period (25.06.1975 to 21.03.1977) and who were detained in jail under MISA/DIR for participating in such activities and for matters connected therewith or incidental thereto It is hereby Enacted in the Sixty-seventh Year of the Republic of India as follows:- 1. Short title and extent. - (1) This Act may be called the Uttar Pradesh Fighters of Democracy Honour Act, 2016. (2) It extends to the whole of Uttar Pradesh. Object & Reasons Statement of Objects and Reason. - Several people had fought for protecting democracy during emergency period (from June 25,1975 to March 21, 1977) due to which democracy could be revived. For the first time in the year 2006 rules have been framed for those political pensioners/fighters of democracy of Uttar Pradesh to provide them Honour money per month, free travel facility in the buses of State Roadways Transport Corporation and free medical facility in the Government Hospitals who actively fought for the protection of democracy during emergency and detained in prison under MISA/DIR Such rules were in force till March 31,2007. The State Government is of the opinion that the said facilities shall be given to the said persons. It has, therefore, been decided to make a law to provide for giving Honour money, free transport facilities and free medical facilities to the persons of Uttar Pradesh who actively fought to protect the democracy during emergency period (June 25, 1975 to March 21, 1977) and were detained in jail under MISA/DIR for participating in such activities. The Uttar Pradesh Fighters of Democracy Honour Bill, 2016 is introduced accordingly. Statement of Objects and Reason - (U.P. Act No. 25 of 2021). - The Uttar Pradesh Fighters of Democracy Honour Act, 2016 (U.P. Act no. 9 of 2016) has been enacted to provide for Honour Money, free transport facility and free medical facility to fighters of democeacy who actively fought to protect democracy during the emergency period (June 25, 1975 to March 21, 1977) and who were detained in jail under MISA/DIR for participating in such activities. Section 6 of the said Act, inter alia, provides that in the event of the death of a fighter of democracy, the wife or husband of fighter of democracy, as the case may be, shall get Honour Money and other such facilities. In fact, in light of the provisions of the aforesaid Act, there is often a natural procedural delay in the process of sanctioning of the application of the successor wife or husband, as the case may be, of the deceased fighter of democracy. In such a situation certain provisions need to be made to ensure that the successor wife or husband, as the case may be, of the deceased fighter of democracy gets Honour Money and other facilities from the day after the death of such fighter of democracy. Therefore, it has been decided to amend section 6 of the aforesaid Act by adding a proviso to give Honour Money and other facilities to the successor wife or husband, as the case may be, of the fighter of democracy from the day after the death of such fighter of democracy provided that the successor wife or the husband, as the case may be, applies for receiving the Honour Money and other facilities within three months of the death of such fighter of democracy. If such an application is made after three months of the death of such fighter of democracy, then in such a situation the Honour Money and other facilities shall be provided from the date of receipt of such application. The Uttar Pradesh Fighters of Democracy Honour (Amendment) Bill, 2021 is introduced accordingly. 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Fighters of Democracy" means such permanent residents of Uttar Pradesh who actively fought to protect the democracy during emergency period i.e. from 25.06.1975 to 21.03.1977 and who were detained at any time during this period, on political grounds in jail under MISA/DIR for participating in such activities; (b) "Free medical facility" means free medical facility, which includes all kinds of free tests, free treatment and free distribution of necessary medicines including purchase of medicines as per requirement, to be provided in Government hospitals of the state, to fighters of democracy; (c) "Free transport facility" means free travel facility in the buses of the Uttar Pradesh State Roadways Transport Corporation to fighters of democracy; (d) "Honour money" means such Honour money to be given to the fighters of democracy as may be determined by the State Government from time to time. 3. This Act shall not apply to certain persons. - The provisions of this Act shall not apply to:- (1) persons detained in jail other than political grounds; (2) persons who have submitted false details or information or certificate in his/her favour or in the favour of any other person for making him/her eligible to avail the Honour money and other facilities; 4. Power to sanction Honour money. - (1) Any Honour money under this Act shall be sanctioned by the District Magistrate of concerned District in the proforma given in Appendix ‘A’ (2) The District Magistrate shall pay the Honour money directly after necessary verification of the documents submitted by the applicant. (3) (i) A fighter of democracy must be a resident of Uttar Pradesh and was detained under MISA/DIR in any jail of the country. He shall have to annex the certificate as such, which shall be verified by the District Magistrate concerned at his level; (ii) While considering the case of such fighters of democracy whose documents are not available in the jail or destroyed, the District Magistrate concerned shall, after necessary verification, satisfy himself with other available documents that F.I.R. was lodged in relevant sections under MISA/DIR, against the applicant while opposing the emergency imposed during period from 25.06.1975 to 21.03.1977 and his arrest/detention is confirmed; (iii) Such fighters of democracy, against whom other criminal sections were also imposed besides MISA/DIR, the District Magistrate shall satisfy himself that such other sections were imposed while fighting for the democracy during emergency and in opposition of imposition of emergency and arrest/detention was not other than political grounds; (iv) In such cases where any applicant is applying for availing Honour money and other facilities from more than one district, the District Magistrate shall take an affidavit from applicant that he has applied from only one district and the District Magistrate shall confirm it from the other District Magistrate; (v) Such persons, who have already been declared fighters of democracy in the year 2006-2007 and such persons, who have been declared fighters of democracy after issuance of Uttar Pradesh Loktantra Senaniyon ko diye jane wali Samman Rashi Niyamawali, 2012, dated 14.09.2012 and before 30.12.2013 i.e. date of commencement of amended Rules, shall be sanctioned Honour money with effect from 01.04.2012 and such persons, who have been declared fighters of freedom after commencement of the above mentioned amended Rules, shall be sanctioned Honour money deeming them fighters of democracy from the date of sanction of their application form. (4) If any fighter of democracy died after 01.04.2012 and during the period of enforcement of this scheme then in such case his successor shall be given Honour money only for such period during which fighters of democracy was alive after 01.04.2012. (5) The fighter of democracy shall be given facility of free travel along with one attendant in the buses of Uttar Pradesh State Road Transport Corporation. The expenditure incurred on it shall be reimbursed to the Uttar Pradesh State Road Transport Corporation by the department of political pension of the State Government. (6) The Medical department of the State Government shall provide free medical facility to fighters of democracy in State Government Hospitals, which includes all kinds of free tests, free treatment and free distribution of necessary medicines, including purchase of medicines as per requirement and the orders issued in this regard by the medical department shall effective. (7) The person receiving the Honour money shall have to open a single operated savings account in such branch of any bank where he/she resides and shall have to intimate it to the District Magistrate. (8) The District Magistrate concerned shall send the grant bill for withdrawal of Honour money in the concerned Treasury. The name of the person receiving the Honour money, savings bank account number, name of bank and details of bank-wise amount shall be attached along with the bill. Thereafter according to these details, the concerned treasury shall directly deposit the Honour money in the bank account of the persons getting Honour money. No advance payment shall be given in any case. (9) All the document related with the Honour money and other facilities shall be maintained safely and shall get audited according to relevant rules. 5. Cancellation of Honour money. - The Honour money sanctioned to a person under this Act may be cancelled on the following grounds or any other ground at any time without giving any reasons or notice:- (i) participation in any crime of moral turpitude and in anti national activity; (ii) punishment in any crime other than political punishment; (iii) received the Honour money despite any ineligibility under sub-sections (1) and (2) of section 3; (iv) submission of false information and false affidavit. 6. In case of death of fighters of democracy. - (1) In the event of the death of the fighters of democracy, the wife or husband of the fighters of democracy, as the case may be, shall get the Honour money and the facilities. [Provided that those fighters of Democracy who were declared as such and getting honour money and died before the commencement of this Act i.e., March 22, 2016, the successor wife or husband thereof, as the case may be, shall be given honour money and facilities under this sub-section with effect from the sanction of their application made for this purpose as sanctioned to the successor wife or husband as the case may be the deceased Fighter of Democracy under this Act]. [Provided further that the successor wife or husband of such fighter of democracy, as the case may be, shall be entitled to get the honour money and other facilities under this sub-section from the next day after the death of such fighter of democracy, but such application shall be required to be made within three months of the death of such fighter of democracy: Provided also that if the aforesaid application for the honour money and other facilities is given by the successor wife or husband of the deceased fighter of democracy as the case may be, three months after the death of the democracy fighter, then in such a situation, the honour money and other facilities shall be provided from the date of receipt of the said application.] (2) In the event of the death of the any fighters of democracy, his last rites will be performed with State Honours. 7. Manner of applying for Honour money. - (1) The application from for sanction of Honour money under this Act shall be submitted in proforma given in Appendix-A to the District Magistrate. (2) The applicant shall submit a certificate in support of his detention in jail given by the jail Superintendent or the District Magistrate. concerned along with the application form. (3) The State Government may make enquiry regarding any application if necessary. 8. Recovery of Honour money. - (1) In case of cancellation of Honour money of any applicant under section 5, it shall be recovered from him/her as arrears of land revenue. (2) The District Magistrate of the concerned district shall be responsible for any irregularity in sanctioning of the Honour money. 9. power to make rules. - The State Government may, by notification in the gazette, make rules for carrying out the purposes of this Act. 10. power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, for removing such difficulty, by order published in the gazette direct that the provision of this Act shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient. (2) No order under sub-section (1) shall be made after the expiration of a period of two years from the date of commencement of this Act. 11. Rescission and validation. - (1) The Uttar Pradesh Loktantra Senaniyo ko diye jane wali Samman Rashi Sambandhi Niyamawali, 2012 Issued in Government notification no. 800(1)z/6-SA-1-2012-55G/90, dated-September 14, 2012, as amended on 30th December, 2013 is hereby rescinded. (2) Notwithstanding such rescission, anything done under the Niyamavali referred to in sub-section (1) shall be deemed to have been done or taken under this Act, as if this Act were in force at all material times. Appendex "A" [See section-4(1)] Form of application for receiving Honour money by political prisoners of the State detained in the jail during period of emergency (commencing on 25.06.1975 and ending with 21.03.1977 in the country. 1. Name of applicant .......................... Photo 2 Father,s name .......................... 3 Full address Permanent .......................... ....................... Local .......................... .......................... 4. Whether applicant is a domicile of Uttar Pradesh .......................... .......................... 5. Period of detention in jail (date of detention and date of release) .......................... .......................... 6. Place of detention in jail and name of the district where it situated .......................... .......................... 7. Details of activities which he/she was detained (this certificate shall be in addition to jail certificate and is essential to be attached) .......................... .......................... 8. Sections under which he/she detained in jail .......................... .......................... 9. Certified copies of the document of the detention .......................... .......................... 10. Evidences of details given in item no.7 above .......................... ......................... (This certificate shall given by two former or present MLAs /MPs/ Fighters of democracy who have been sanctioned the Honour money and who have been co-prisoners with the applicant, which mentions the period during which detention has been suffered on political grounds during the emergency.) I hereby certify that the details given in item no.7 above are true to my personal knowledge and information. Signature of certifying person Designation and full address 1. 2. Affidavit by the applicant I, hereby, pledge that above details are true. If the Government finds anything false, it shall have right to cancel my Honour money and shall be recovered from me as arrears of land revenue. Dated.................... signature of applicant Certificate No....................... Dated........................... It is hereby certified that the details given above have been examined by me and found true. NOTE (1) (2) District Magistrate seal |
