Section 2: Interpretation

2. Interpretation.—In this Ordinance, unless there is anything repugnant in the subject or context,⸻ (1) “civil defence organization” means any organisation established for civil defence purposes which is declared by a scheme to be a civil defence organisation for the purposes of this Ordinance and the scheme; (2) “civil defence volunteer”, in relation to an injury, means a person certified, by an officer of a civil defence organisation authorised by the 4[Federal Government] to grant such certificates, to have been a member of that organisation at the time the injury was sustained; 5[(3) “continuance of hostilities” means,⸻ (a) in relation to the hostilities during 1939-1945, the period beginning with the commencement of this Ordinance and ending on the date declared by the late Government of India to be the date on which the said hostilities terminated; and 1The Ordinance has been applied to Balochistan, see Notification No.23-W, dated the 1st October, 1941. It has been extended to the Leased Areas of Balochistan by the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950). This Ordinance has been applied to the Provincially Administered Tribal Areas of Balochistan, see Regualtion No.IV of 1987, Art.2 and Sch. 2Omitted by Ordinance No. XXXIII of 1965, s. 2. 3Subs. by the Central Laws (Statute Reform) Ordinance No. XXI of 1960, s. 3 and 2nd Sch. 4Subs. by F.A.O., 1975, Art.2 and Table. 5Subs. by Ordinance No. XXXIII of 1965,s.3. The present hostilities as respects the tribal areas beyond the western and northern boundaries of the North-West Frontier Province and such of the Baluch tribal areas beyond the western border of the Dera Ghazi Khan District of the Punjab as are not included in the Baluchistan Tribal Areas, shall be deemed to have terminated on the 31st August, 1945, see Notification No. 1-W., dated the 8th January, 1946, Gazette of India, 1945, Pt. I, p. 30. (b) in relation to any other hostilities, the period beginning with the date declared by the 1[Federal Government], by notification in the official Gazette, to be the date of the commencement of hostilities for the purpose of this Ordinance and ending on the date declared likewise to be the date of termination of such hostilities ;] (4) “gainfully occupied person” means a person who is engaged in any trade, business, profession, office, employment or vocation and is wholly or substantially dependent thereon for a livelihood, or a person who, though temporarily unemployed is normally so engaged and dependent; (5) “scheme” means a scheme made under this Ordinance; (6) “war injury” means a physical injury⸻ (a) caused by⸻ (i) the discharge of any missile (including liquids and gas), or (ii) the use of any weapon, explosive or other noxious thing, or (iii) the doing of any other injurious act, either by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or (b) caused by the impact on any person or property of any enemy aircraft, or any aircraft belonging to or held by any person on behalf of or for the benefit of 2[Government] or any allied power, or any part of, or anything dropped from, any such aircraft; 3[or] 3[(c) caused by any explosion or fire which involves any explosives or munitions or other dangerous things required for war purposes and which happens or is caused by, through, or in connection with the manufacture, storage or transportation of any such explosives, munitions or other dangerous things;] (7) “war service injury”, in relation to a civil defence volunteer, means any physical injury shown to the satisfaction of the 1[Federal Government] or other authority authorised to make payments under a scheme to have arisen out of and in the course of the performance by the volunteer of his duties as a member of the civil defence organisation to which he belonged at the time the injury was sustained, and (except in the case of a war injury) not to have arisen out of and in the course of his employment in any other capacity: Provided that before being so satisfied the 1[Federal Government] or other authority authorised to make payments under a scheme shall have received from the civil defence organisation of which the volunteer concerned was a member at the time the injury was sustained, a report, by an officer of the organisation authorised by the 1[Federal Government] to make such reports, about the injury in question. 1Subs. by F.A.O., 1975, Art.2 and Table. 2Subs. by A. O., 1961, Art. 2. 3Added by Ordinance No. X of 1945, s. 2.

Effective date: 1941-01-01

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