The UTTAR PRADESH FIGHTERS OF DEMOCRACY HONOUR ACT,2016

--- Section 1. Section 1.Short title and extent. --- 1. (1) This Act may be called the Uttar Pradesh Fighters of Democracy Honour Act, 2016. (2) It extends to the whole of Uttar Pradesh. --- Section 2. Section 2.Definitions. --- 2. 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 medical 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. --- Section 3. Section 3.This Act Shall not apply to certain persons. --- 3. 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; --- Section 4. Section 4.Power to sanction Honour money. --- 4. (1) Any Honour money under this Act shall be sanctioned by the District Magistrate of concerned District in the pro-forma 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 considring 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 be 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 the Honour money. No advance payment shall be given in any case. (9) All the documents related with the Honour money and other facilities shall be maitained safely and shall get audited according to relevant rules. --- Section 5. Section 5.Cancellation of Honour money. --- 5. 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 subsections (1) and (2) of section 3; (iv) Submission of false information and false affidavit. --- Section 6. Section 6.In case of death of fighters of democracy. --- 6. (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. 1 [ "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 efect from the sanction of their application made for this purpose as sanctioned to the successor wife or husband as the case may be, of the deceased Fighter of Democracy under this Act." ] 2 [ 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. [Footnotes] 1 Added by Section 2 of UP Act No. 36 of 2018. 2 Added by Section 2 of UP Act No. 25 of 2021. --- Section 7. Section 7.Manner of applying for Honour money. --- 7. (1) The application from for sanction of Honour money under this Act shall be submitted in pro-forma 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. --- Section 8. Section 8.Recovery of Honour money. --- 8. (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. --- Section 9. Section 9.Power to make rules. --- 9. The State Government may, by notification in the gazette , make rules for carrying out the purposes of this Act. --- Section 10. Section 10.Power to remove difficulties. --- 10. (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. --- Section 11. Section 11.Rescission and validation. --- 11. (1) The Uttar Pradesh Loktantra Senaniyo ko diye jane wali Samman Rashi Sambandhi Niyamawali, 2012 Issued in Goverment 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.