Swatantrata Sainik Samman Pension Scheme, 1980

During the Silver Jubilee year of Independence a Central Scheme for grant of pension to freedom fighters and  their eligible dependents (Where freedom fighters have already expired) was introduced by Government of India  with effect from 15.08.1972.  In 1980, the Scheme was  liberalized and renamed as “Swatantrata Sainik Samman Pension Scheme,1980” (the Scheme) and made effective from 01.08.1980.  Several provisions of the Original Scheme have been modified and clarified since then through different orders and circulars of the Govt. of India.  Salient features of the basic provisions of the Scheme, as amended up to date, are as follows-

All the persons who participated in the freedom movement in some way or the other are not eligible for Samman Pension. 

Only following category of freedom fighters are eligible for the Samman Pension under the Scheme subject to furnishing of the specified evidences:-

2.1  Eligible dependents of martyrs :-  A martyr is a person who died or who was killed in action or in detention or was awarded capital punishment due to participation in the freedom struggle of India. Relevant documents from official records and newspapers of the relevant time are considered as evidences in such cases.

2.2 Imprisonment:- A person who had suffered minimum imprisonment of six months  (3 months in case of women, SC/ST freedom fighters) on account of participation in freedom struggle subject to furnishing of the following evidences:-

(a) Imprisonment/detention certificate from the concerned jail authority, District Magistrate or the State Govt. indicating the period of sentence awarded, date of admission, date of release, facts of the case and reasons for release.

(b) In case records of the relevant period are not available, the secondary evidences in the form of 2 co-prisoner certificates (CPC) from freedom fighters who have proven jail suffering of minimum 1 year and who were with the applicant in the jail could be considered provided the State Government/Union Territory Administration concerned, after due verification of the claim and its genuineness, certifies that documentary evidences from the official records in support of the claimed sufferings were not available. In case the certifier happens to be a sitting or Ex. M.P./ M.L.A., only one certificate in place of the two is required.

2.3 Underground:- A person who on account of his participation in freedom struggle remained underground for more than six months provided he was ;

A.          a proclaimed offender; or

B.          one on whom an award for arrest was announced; or

C.          one for whose detention, order was issued but not served.

Voluntary underground suffering or self-exile suffering for party work under command of the party leaders, are not covered as eligible sufferings for pension under the Central Scheme. 

The claim of underground suffering is considered subject to furnishing of the following evidence:-

(a) Documentary evidence by way of Court’s /Govt.’s orders proclaiming the applicant as an absconder, announcing an award on his head or for his arrest or ordering his detention.

(b) In case records of the relevant period are not available, secondary evidence in the form of a Personal Knowledge Certificate (PKC)  from a prominent freedom fighter who has proven jail suffering of a minimum two years and who happened to be from the same administrative unit could be considered provided the State Government/Union Territory Administration concerned, after due verification of the claim and its genuineness, certifies that documentary evidences from the official records in support of the claimed sufferings were not available.

2.4  Internment/Externment :-  A person who, on account of participation in the freedom struggle, was interned in his home or externed from his district for a minimum period of 6 months is eligible subject to furnishing of order of internment or externment  issued by the competent authority, from official records. In absence of the official records, NARC from the State Govt./ UT Administration concerned, along with a certificate from prominent freedom fighter, who had proven jail sufferings of at least two years; who belonged to the same administrative unit and whose area of operation was same as that of the applicant, should be furnished.

2.5  Loss of property:- A person whose property was confiscated or attached and sold due to participation in the freedom struggle is eligible subject to furnishing of orders of confiscation and sale of property, provided that the persons whose property was restored are not eligible for Samman Pension.

2.6  Permanent incapacitation:- A person who on account of participation in freedom struggle, became permanently incapacitated during firing or lathi charge subject to furnishing of:-

(a)  certificate from the District Magistrate stating that permanent incapacitation was done by bullet injury/lathi charge sustained during participation in the National Freedom Struggle and

2.7 Loss of Government Job:- A person who lost his Govt. job for participation in freedom struggle is eligible subject to furnishing of orders of dismissal or removal from service. However, persons who were reinstated in service before expiry of two years from their dismissal or removal from service and were in receipt of benefits or pay and allowances are not eligible for pension.

2.8  Canning/Flogging/Whipping:- A person who was awarded the punishment of 10 strokes of caning/flogging/whipping due to his participation in freedom struggle is eligible subject to furnishing of copies of orders passed by the competent authority from official records.

Persons who consider themselves eligible for Samman Pension under the Scheme and desire the Samman Pension, should apply in duplicate on the prescribed application form. The application, duly filled in and supported with required documents as proof of claim of suffering, should be sent to the Chief Secretary of the concerned State Government/Union Territory Administration.  A copy of such application should be sent to the Deputy Secretary to the Government of India, FF Division, MHA, New Delhi as an advance copy.

However, claims can be processed by the Central Govt. only on receipt of verification & entitlement to pension report from the State Govt./ U.T. Administration concerned.  In case the requirements of the Scheme are fulfilled, Samman pension is granted to the applicant.

Secondary evidences can be considered only if supported by a valid Non-Availability of Records Certificate (NARC). The provisions of the Scheme were clarified to the State Governments in several circulars of the Govt. of India, gist of which is available in the Appendix attached herewith. The instructions on NARC were reiterated by the Govt. of India, Ministry of Home Affairs, vide Circular No. 8/12/95-FF(P) dated 2.11.98, relevant extracts of which are reproduced as follows-

 “As per the scheme, claims of the applicants for samman pension are required to be supported by the duly verified official records of the relevant times.  Only in case of non-availability of such records, secondary evidences, as specified in the scheme, can be made basis of such claims.  However, due care and caution is required in such cases in view of several instances of bogus/forged claims which have come to the notice of the Central Government.  It is of utmost importance that before recommending such cases, complete facts of the case in which the applicant claims involvement, are verified from all the agencies which could have been concerned with the matter.  These may include the police station concerned, the District administration, the jurisdictional court, competent authority issuing detention order, the advisory board/appellate court, prison authorities, and intelligence agencies.  Discrete enquiry should also be made to ascertain genuineness of the claims.  The NARC should be issued only after the above verification.  It is reiterated that the NARC should invariably be worded as follows :- “All concerned authorities of the State Government who could have relevant records in respect of the claim of the applicant, have been consulted and it is confirmed that the official records of the relevant time are not available”

(Annexure referred to in reply to Lok Sabha UNSTARRED QUESTION No. 3721 dated 05.08.2014)

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

LOK SABHA

ANSWERED ON 05.08.2014

(a) the total number of freedom fighters from Goa who are receiving pension under the Swatantrata Sainik Samman Pension Scheme, 1980 along with the quantum of pension amount being paid per month to them; 

(b) the eligibility criteria adopted to get the benefits of the Swantantrata Sainik Samman Pension; 

(c) whether any request is pending with the Government for grant of pension to the Goa Freedom Fighters; and 

(d) if so, the details thereof and the action taken by the Government in this regard?

(a) The total number of freedom fighters who have been sanctioned Swatantrata Sainik Samman Pension for their participation in the Goa Liberation Movement, as on 05/05/2014, are 2967. 

The quantum of pension amount being paid per month is Rs. 18,547/- to the freedom fighters or their spouse and Rs.4395/- each for a maximum of three unmarried daughters. 

(b) The eligibility criteria for sanctioning of the Swatantrata Sainik Samman Pension is as given in Annexure. 

However, the Government relaxed the eligibility criteria under the Swatantrata Sainik Samman Pension Scheme, 1980 for grant of freedom fighters pension to those participants of Second Phase of Goa Liberation Movement (1954-55) who are in receipt of pension on that count from the State Government of Maharashtra, Goa, Madhya Pradesh, Uttar Pradesh, Haryana and Rajasthan, as on 1st August, 2002. 

(c) & (d) No application, complete in all respects, received through the State Government, is pending as on date. Receipt and disposal of applications for grant of freedom fighters’ pension is a continuous process.