Section 3: Circumstances in which a solider shall be deemed to be serving under special

3. Circumstances in which a solider shall be deemed to be serving under special conditions. For the purposes of this Act, 2[a 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 in 3* * 4[ Kashmir or the Northern Areas], or with any unit the headquarters of which are situated at any place in Chitral, Waziristan, the North-West Frontier 5* or 6* Baluchistan which is more than fifty miles distant by road from the nearest railway station ; (b) under war conditions-when he is or has been, at any time during the continuance of any hostilities declared by the 7[Federal Government ] by noti- fication in the 8[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 9[Pakistan], (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 7[Federal Government] by notification in the 8[official Gazette] to be service under war conditions ; and 10[(c) overseas___ (i) when he is or has been serving in any place outside Pakistan the journey between which and Pakistan is ordinarily undertaken wholly or in part by sea 11[or air] [ . ]12 13* * * * * * * 1Ins. ibid. 2Subs. by Act 78 of 1950, s. 5, for “an Indian soldier”. 3The words “Iran, Afghanistan” omitted by the Ord. 27 of 1981, s. 3 and Sch. II. 4Subs by the Soldiers (Litigation) ( Amdt.) Ordinance, 1971 (19 of 1971), s. 2, for “or Kashmir”. 5The word “Province” omitted by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 6The word “British” omitted by Act 78 of 1950. 7Subs. by F. A. O., 1975, Art 2 and Table, for “Central Government” which was previously amended by A. O., 1937, or “G. G. in C.”. 8Subs. ibid., for “Gazette of India”. 9Subs. by Act 78 of 1950, s. 5, for “India”. 10Subs. by the Indian Soldiers (Litigation) (Amdt.) Act, 1950 (78 of 1950), for clause (c) as amended by A. O., 1937 and A. O., 1949. 11Added by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II. 12Subs. by F. A. O., 1975, Art. 2 and Table, for the fullstop. 13Sub-clause (II) omitted ibid. 1[Explanation.⸻For the purposes of this section and with effect from the 3rd day of September, 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.]

Effective date: 1925-01-01

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