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

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 7[beyond India] 8[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

1[(c) overseas-when he is or has been serving in any place outside India (other than Ceylon) the journey between which and 2[India] is ordinarily undertaken wholly or in part by sea. 3[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.]

1. Subs. by the A.O. 1937, for clause (c).

2. Subs. by the A.O. 1948, for "British India".

3. Ins. by Ordinance 64 of 1942, s. 2.

4. S. 6 renumbered as sub-section (1) of that section by s. 3, ibid.

5. Ins. by s.3, ibid.