Purposive interpretation of rehabilitation dues confirms arrest protection and overrides inconsistent earlier loan-recovery laws.
Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 is explained as a remedial protection against arrest for sums recoverable under the Act, including government loans recoverable under the Act and Rules. The expression "sums due under this Act" is given a purposive meaning covering amounts payable and recoverable within the statutory scheme, because a narrow reading would defeat the rehabilitation object. The Rules made under Section 40 are treated as part of that framework. The Act is also described as a valid Central law in the concurrent field, and Section 30 prevails over inconsistent recovery provisions in the Land Improvement Loans Act, 1883 and the Agriculturists' Loans Act, 1884.
Issues: (i) Whether the expression "sums due under this Act" in Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 includes loans recoverable under the Act and the Rules made thereunder, so as to attract the statutory protection against arrest; (ii) Whether Section 30 of the Act is valid and prevails over the earlier loan-recovery provisions under the Land Improvement Loans Act, 1883 and the Agriculturists' Loans Act, 1884.
Issue (i): Whether the expression "sums due under this Act" in Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 includes loans recoverable under the Act and the Rules made thereunder, so as to attract the statutory protection against arrest.
Analysis: The Act was enacted as a measure of relief and rehabilitation for displaced persons, and its scheme treats Government loans advanced to such persons as public dues recoverable and adjustable under the statutory framework. The expression "due" was held not to bear a narrow meaning of merely "owing", but to include sums payable and recoverable under the Act, especially where a restrictive construction would defeat the remedial object of the legislation. The Rules framed under Section 40, having statutory force, form part of the Act for this purpose.
Conclusion: The expression covers such recoverable sums, and the petitioners were entitled to the protection against arrest under Section 30.
Issue (ii): Whether Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 is valid and prevails over the earlier loan-recovery provisions under the Land Improvement Loans Act, 1883 and the Agriculturists' Loans Act, 1884.
Analysis: The Act was held to be a valid Central legislation enacted in pith and substance for relief and rehabilitation, falling within the concurrent legislative field. Any incidental trenching on subjects otherwise within the State field did not invalidate it. The earlier loan statutes were treated as existing laws, and in the event of inconsistency the later Central enactment prevailed. Section 30 was also viewed as a special provision overriding the general recovery mechanism of the earlier enactments.
Conclusion: Section 30 is valid and overrides the earlier recovery provisions to the extent of inconsistency.
Final Conclusion: The statutory bar against arrest applied to the petitioners, and the arrest orders could not be sustained.
Ratio Decidendi: In a remedial rehabilitation statute, expressions governing recovery of public dues must receive a purposive construction, and a later valid Central law will prevail over earlier existing laws to the extent of inconsistency, even where incidental encroachment on another legislative field occurs.
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