Section 3: Circumstances in which an Indian soldier shall be deemed to be serving under special conditions.

The Indian Soldiers (Litigation) Act, 1925Central Act · Act 4 of 1925

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.]

Where this provision sits

Act	The Indian Soldiers (Litigation) Act, 1925
Section	3
Marginal note	Circumstances in which an Indian soldier shall be deemed to be serving under special conditions.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted. . Subs. by the A.O. 1950, for certain words.
inserted, Act 23 of 1970. . Ins. by Act 23 of 1970, s. 3.
substituted. . Subs. by the A.O. 1937, for clause(c).
substituted. . Subs. by the A.O. 1948, for "British India".
inserted, Ordinance 64 of 1942. . Ins. by Ordinance 64 of 1942, s. 2.

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