904
REGISTERED No. L. 3181
The Gazette of Anoia
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI , WEDNESDAY , AUGUST 13. 1947
GOVERNMENT OF INDIA
LEGISLATIVE DEPARTMENT
New Delhi, the 13th August , 1947
ORDINANCE No. XII OF 1947
AN
ORDINANCE
to confer certain powers in sospect of promises in the Province of Delhi
WHEREAS by reason of the shortage of accommodation in the Province of Delhi an emergency has arisen which makes it necessary to confer powers to requisition premises and to evict from Government premises persons continuing without authority to occupy those premi es ;
AND WHEREAS the Indian Legislature is not in session ;
NOW , THEREFORE , in exercise of the powers conferred by section 72 of the Government of India Act , as set out in the Ninth Schedule to the Government of India Vet , 1935 (26 Geo 2 ) , the Governor General is pleasca to make and promulgate the following Ordinance
1. Short title , extent and commencement . ( 1 ) This Ordinance may be called the Delhi Premises ( Requisition and Eviction ) Ordinance , 1947 .
(2) It extends to the whole of the Province of Delhi .
(3 ) It shall come into force at once .
2. Interpretation . In tlus Ordinance, unless there is anything repugnant in the subject or context , -
(a) "Estate Officer ' means the Estate Officer to the Government of India ;
( 6 ) " landlord " and " premises " have the meanings respectively assigned to them in the Delhi and Ajmer - Merwara Rent Control Act , 1947 ( XIX of 1947 ) ;
( " public purpose' means any pumpose connected with the shortage of accommodation in the Province of Dolhi ;
( d) " tenant " means any person by whom or on whose account rent is pay- able for any premises and includes every person for the time being deriving title under a tenant and also every person remaining m possession of the premises leased to him after the termination of the lease.
( 765 ) 405
766 JAZETIH OF INDIA EXTRAORDINARY 16, 16,
3. Power to requisition .-( 1 ) It in the opion of the Estate Officer it is neces- sary to requisition any premises for any public purpose , ne may make an order in writing to that effect :
Provided that no premises exclusively used for the purpose of religious worship shall be requisitioned under this section .
(2 ) Au order unde , sub - section ( 1 ) shall he served on the landlord , and where the order relatos to premuses in occupation of a tenant also on such tenant , by delivering or tendering to such landlord or tenant a copy of the order , but where a landlord or tenant is not readily traceable and the order cannot be served with- out undue delay or where the ownership of the premises is in dispute, the order shall be served by publishing it in the official Gazette , and if practicoble by fixing a copy thereof to any conspicuous part of the premises to which it relates
(3 ) Where the Estate Officer hos requisitioned any premises under sub- section (7 ) , he may use or deal with the premises in such manner as may appeu to him to be expedient .
(4) The Estate Officer with a view to requisitioning any premises under suh section ( 1 ) , may by order-
(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the premises as may be so specified ;
(b) drect that the landlord , occupier or person in possession of the pre- mises shall not without the permission of the Estate Office ) dispose of , or structurally alter the premises .
( 5 ) Without projuice to any other powers conterred by this Ordinance , anv person authorised in this behalf by the Estate Officer may enter and inspect any premises for the purpose of deternuning whether, and it so in what mannes , an order under this section should be made in relation to such premises , or with a view to securing compliance with any order made under this Ordinance
4. Compensation.-( 1 ) Where any premises are requisitioned under this Ordinance , there shall be paid compensation the amount of which shall be determined in the manner , and in accordance with the principles heroinatter set out , namely : - -
( a) where the amount of compensation can be fixed by agreement , it shall be pud m accordance with such agreement:
(b) where no such agreement can be reached , the Central Government shall appoint us arbitrator a person quahtied for appointment as a Judge of a High Court ;
(c) the Central Government may in any particular case person having expert knowledge as to the nature of the premises requisitioned , to assist the arbitrator , and where such nomination is made , the person to be compensated may also nominate an assessor for the said purpose ;
(d) at the commencement of the proceedings before the arbitrator , the Central Government and the person to be compensated shall state what in their respective opmions is a fair amount of compensa tion;
(c) the arbitrator in making his award shall have regard to the provisions of sub - section ( 1) of section 23 of the Land Acquisition Act 1994 ( I of 1894) so far as they can he made applicable ,
(f) an appeal shall lie to the District Judge against an award of an arhi- trator :
406
THE GAZETTE OF INDIA EXTRAORDINARY , AUG 13 , 1944 767
(g) suve as provided in this section and many mles made thereunder , nothing in any law for the time being in forer shall apply to arbi- trations under this section .
(3) The Central (Government may make tules for the purpose of carrying into offect the provisions of this section , and im particular and without projudice to the generality of the foregoing power such rules may provide tor--
( a ) the procedure to be followed in arbitrations and appends under this section ,
( b ) the principles to be followed in apportironing the costs of proceedings before the ambitraton and on appeal .
5. Release from requisition . Where any premises requisitioned under this Ordinance are to be relemed from ach requisition the Estate Officer may , after such mquiry it any ass case consider in necessarycessary to make , city by order to writing the person to whom possession of the premises shall be الم
10 The delivery of po hot the menses the person specified in en onder ander sub - section ( 1) shall he a full disenge of the Central Gove ment from all habilities in respect of the pretust , but shall not prejudice any Light in respect of the premiseses whichwho h any other person may be entitled by dhe process of law to enforce against the person to whom possession is given.
6. Power to order vacation of premises or execution of repairs . Where the Estate Officer requsitions any premises under tins Ordnance , he lung by noten writing
( a) order the casting tenant or occupier , it any , to varate the premises withun ten days of the receipt of the notice .
thn order the Landlord to execute such seprits as may be specified in th notice within such time as may be sospethed,
7. Easements , etc. not to be disturbed . No landlord or conimeto , workman or servant employed by him shall without the previous written consent of the Estate Officer of except for the purposes of effecting repans on comply- g with a trici al seus non wilfully distub any convenience or easement aftrched to an es equisitioned under tins Ondinance , or remove , destroy render muscavirable anything provided for pertonnent use therewith or discontque or cause to be discontinued as supply or service provided for the
8. Power to evict from Government premises for breach of terms of tenancy .-- ( 1 ) Where the person in occupation of any premmes belonging to , on taken on loquisitioned DA the Conftal Government , sublets without 1, sublets wit due authority the whole or any part of the premises of otherwise acts in contra- vention of any of the lett express waphed , of his tenancy or other like relationship created by a grant from the Centaal Government in respect of the premises , the Estate Officer man by notice served by post or otherwise , order stich person or ans offter person found in occupation of the promises to vacate thu premises withum ten days of the receipt of the notice
( 2) n approved by an order under ab - section (1) within seven days of the receipt thertor appeal in wating to the met Commission , who may after calling for a teporn from the Estate Often and after making such hather ingens , il m as he thinks fit pass and terming the appeal
Artion may be taken ander this section whether or not any proceedings Lot possession are penilims in 1 of the premises and upon such action beig taken the said proceedings shall forthwith be sheaded 107
768 THE CAZETTE OF INDIA EXTRAORDINARY , AUG 13 , 1917
9. Non- compliance with orders .-( 1 ) 11 ant person fails to comply with an onder made under clause ( 4 ) of section 6 or muder section 8 , any Court which would luwe jurisdiction to hear and deerde a suut for eviction of a inant from the promises in respect of which the order relates shall on the application of the Estate Officer or any person authorised by him in writing in this behalf, execute the order as if it were a decree of that Court .
(2 ) IL landlord fails to exocute any repairs im pursuance of an der under clause (b ) of section 6 , the Estate Officer may cause the repairs specified in the order to be excented at the expense of the landlord and the cost thereol may, without prejudice to any other mode of recovery , be deducted from the com pensation payable to the landlord.
10. Penalty and procedure .--( 1 ) Whoever contravenes any provision of this Ordinance or of any order made thereunder shall be punishable with imprison ment for a term which may extend to one year or with fine or with both .
(2) No Court shall take cognizance of any offence punishable under sub- section ( 1 ) except on the complaint in writing of the histate Officer .
11. Saving as to orders . ( 1 ) No order made in exercise of any powor conferred by or under this Ordinance shall be called in question in any Court
( 2) Where an order purports 10 have been made and signed cy any authority in exercise of any power conferred by or under this Ordinance , a Court shall presume , within the meaning of the Indian Evidence Act , 1872 ( I of 1872 ) , that such order was so made by that authority .
12. Protection of action taken under this Ordinance . ( 1 ) No suit , prosecutio or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any order made thereunder .
( 2) Save us is otherwise expressly provided in this Ordinance , no suit or other legal proceeding shall lie against the Ceutral Government for any dainago caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Ordinance or any ordor made thoreunder .
13. Application of other laws not barred . The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of the Delhi and Ajmer- Merwara Rent Control Act , 1947 ( XIX of 1947 ) or any other law for the time being in force .
14. Effect of expiry of this Ordinance . On the expiry of this Ordinance the
provisions of section 6 of the General Clauses Act . 1897 ( X of 1897) shall apply as if it were an enactment then repealed by a Central Act.
MOUNTBATTEN OF BURMA , Viceroy and Governor - General
ORDINANCE No. XIII OF 1947
AN
ORDINANCE
to constitute a (' entral Nursing Council
WHEREAS an emergency has arisen which makes it necessary to constitute a Contral Nursing Council in order to establish a uniform standard of training for nurses , midwives and health visitors ;
AND WHEREAS the Indian Legislature is not in session , 408
IHIL GAZETIL OF INDIA FATRAORDINARY , AUG 13 1947
NOW , THEREFORE I exercise of the powers conferred by section 72 of the Government of India Act , as set out in the Ninth Schedule to the Govonment of India Act , 1935 ( 26 Geo 502 ) , the Governor Gentral is pleased to make and promulgate the following Ordinarce
1. Short title , extent ard commencement . ( 1 ) 111 Oramance may be called the Central Nursing Counel Ordmance , 1947
(2) It extends to the whole of British India
(3) It shall come into force at once
2. Interpretatión. In this Oromance unless thee , the subject or context - anything repu naut 11
the Comics ! (1) this Ordmance , means the ( entral Nursing ( our al constitated unde
10 , (6) prescribed means prescribed by regulations made under Section
(c) Provincial Council constituted under th law of MudwIVES G1 health visitors 1 means Comal ( by whatever name called) Province regulate 11 registraha of muses the Irovince
(d ) Provincial register midwives a sistant midwes aProvince neans a register of assistant Purses health vistos mantamed under the lav or
3 Constitution and co brosits at the Counou ( 7 ) The sball membe s amely my 1 d COPEAN Const ting ( entral Goven me at of the following
(a) tvo huses ame Ped the stafi of an ims itution in v Gal Cour u Provmoca tega ter who all be members of the attires die trawned clected by cach Provm
( b) one men her coated from among themselves by LDC heads of Basti tutions 10 winch tramm mistration to anses enrolled ma Provincial register
(c) one member elected from among themselves by the heads of mstitu tions in which leath visitor cat rained ,
(d) one meraber elected by the Medical Council of India
(e) one midwife cnrolled in a Provincial constr (leeted by each Provin- (mal ( ouncil ,
( f) the chief administrative medical fficer of cach selhos Province or if the Provincial Government in any case so direct the Supermtendent of Nu 1 (bhatese are sail dit the offi of the claet admmistrativo moodual officer of the Provme offico
(g) the Promcial D ector of Public Health offu ro
(h) four members nominated by the ( ntral Government of whom it least two shall be pures mudrives or health vrators enrolled ma Provmuat register and on shall bo an experienced educational st
(2) three officials appointed by the Central Government , one of whom the Central Government shard appoint as President of the Counal
(2) No act done by the Council shall be questioned on the ground merels of in , or any defect in the constitution of, the the cistence of any Council Vacancy
4 I. corporation & the Coured . h יי 1 onstituted unlo shall be abody corporate by th of the Count Amsung Council having per- petual succession and a compact Stat witt post to acqude propaty both movable andin movable , and ball by the said name sue and be sited 770 ΤΗΕ (GAZETTE OF INDIA EXTRAORDINARY , AUG 18 , 1947
5. Mode of elections .--- ( 1 ) Elections under sub - section ( 1 ) of section 3 by Pro- ncial Councils shall be conducted in a cordance with rules made in this behalf by the respective Provincial Governments , and where any dispute arises regarding any such election it shall be referred to the Provincial (Government concerned whose decision shall be final .
( 2) Other elections under that sub - section shall be conducted in the pros- erthed manner , and where any dispute arises regarding any such election it shall be referred to the Central Government whose decision shall be final
6. Meetings .-- ( 7 ) The Council shall hold its first meeting at such time and place as may be appointed by the President, and thereafter the Council shall meet at such time and place as may be appointed by the Council
(2) Untal otherwise prescribed , ten members of the Cotmeal shall form a quomm , and all the arts of the Council shall be decided by a majority of the members present and voting
7. Officers , committees and servants of the Council . (1 ) The Secretary of the Council ( who may also , if it is deemed expedient by the Comcil , act as Treasur shall be a person appointed by the Central Government and shall hold office Im ing the pleasme of the Central Government
( 2 ) The Council shall--
(a) elect from among its members a Vice - President
( b) constitute from among its members an Executive Committee and such other committees for general or special purposes as the Council deems neces sary to carry out the purposes of this Ordinance:
( c) appoint or nominate such officers and servants as the Comel deonus necessary to carry out the purposes of this Ordinance :
(d ) require and take from the Secretary , or from ans other otticor or ser- ant , such security for the due performance of his duties as the Comcil deems cessary :
( e) with the previous sanction of the Central Government , tix the fees and allowances to be paid to the President , Vice - President and members and the pay and allowances of officers and servants of the Council 8 The Executive Committee . ( 1 ) The Executive Committed shall consist of nine members of whom even shall be elected by the Council from among its members.
(2) The President aud Vre- President of the Couned shall be members officio of the Executive Committee and shall be President and Vive - President , respectively , of that Committee
( 3 ) In addition to the powers and duties conferred and miposed upon it by this Ordinance, the Executive Committee shall exercise and discharge such powers and duties as the Council was confer on impose upon it by any regulations which may be made in this behalf .
9 Recognition of qualifications . ( 1 ) for the purposes of this Ordinance , the qualifications included in the Schedule shallbe recognised qualifications , and the qualifications meluded in Part 11 of the Schedule shall be recognisedrecog higher qualifications
(2) Any aathonty m British India which , beng recognised by the Prov meial Government for the purpose of granting any qualification , gra its a qualification in general nursing , midwifery , health visiting or public health nursing , not included in the Schedale may apply to the Council to have such qualification recogmsed . and the Council may declure that such qualification, on such quabfication only whru granted after a specified date shall be a tecognised qualification for the purposes of this Ordinance..
410
ΓΗΓ GAZETLE OU IND ] EXTRAORDINARY , 106 8. 1917 771
( 3 ) The Council may enter into negotiations with any authority in any State or country outside British India which by the law of such State or country is entrus- ted with the maintenance of a register of nurses , midwives or health visitors , for the settling of a scheme of reciprocity for the recognition of qualifications , and in pur- suance of any such scheme the Council may declare that a qualification granted by any authority in any State or country outside British India , or such qualification only when granted after a specified date , shall be a recognised qualification for the purposes of this Ordinance .
Provided that no declaration shall be made under this sub - section in respect of any qualification unless by the law and practice of the State or country in which the qualification is granted per, ons of British Indian origin holding qualifications recognised under this Ordinance are permitted to enter and practise the nursing profession in that State or country .
Provided further that-
(i) any reciprocal arrangements subsisting at the date of the commence- ment of this Ordinance between a Provincial Council and any authority outside India for the recognition of qualifications shall , subject to any carlier termina - tion of the arrangements in accordance with the terms thereof, continue in force , and
( i ) any qualitication granted by an authority in any Indian State and recognised on the said date by a Provincial Council shall continue to be recognised qualification for the purpose of registration in the Province .
( 4) The provisions of sub - sections ( 2 ) aud ( 3 ) and of sections 13 and 14 shall apply mutatis mutandis to the declaration by the Council of a qualification granted in respect of post- certificate nursing training as a recognised higher qualification law. 10. Effect of recognition.- Notwithstanding anything contained in any other
( a) any recognised qualification shall be a sufficient qualification for enrolment in any Provincial register ;
(6) no person shall , after the date of the commencement of this Ordinance , be entitled to be enrolled in any Prosincial register as a nurse , midwife , health visitor , or public health nurse or as an assistant nurse or assistant midwife , unloss he or she holds a recognised qualification
Provided that any person already enrolled in any Provincial register befor the said date may continue to be so enrolled notwithstanding that he or she may not hold a recognised qualification
Provided further that any person who was immediately before the said date entitled to be enrolled in any Provincial register but was not so enrolled shall , on application made in this behalf while this Ordinance remains in force be entitled to be enrolled in that register ;
( c) any person holding a recognised higher qualification shall be entitled to have the qualification entered as a supplementary qualification in any Pro- vincial register in which he or she is enrolled , and after the said date no shall be entitled to have entered as a supplementary qualification in any Pro- vincial register any qualification which is not a recognised higher qualification person
11. Power to require information as to courses of study and training and exami- nations .--Every authority in British Indin which grants a recognised qualification or a recognised higher qualification shall furnish such information as the Council may, from time to time , require as to the courses of study and training and examina- tions to be undergone in order to obtain such qualification , asto the ages at which such courses of study and examinations are required to be undergone and such qualifications couferred , and generally as to the requisites for obtaining such quali- fication .
772 JITE GAZLIFE OF INDIA EXTRAORDINARY , Alt 1,1914
12. Inspections . ( 1 ) The Executive Committee may appoint sach number of inspectors as it deems nece sary to itspert an institutionmstitution recognisedda training institution , and to attend examination, held to the purps of grauems any recog- nised qualification of recognised legha qualification .
(2) Inspectors appointed under this section shall report to the Excentive Coln- mittee on the suitability of the institution to the purposes of training and on the adequacy of the training therein , or as the cass may be , on the suttorney of the examination
(3 ) The Exective apuuttee shall forward a copy of twch report to the autho nty or institution concerned , and shall also forward copies , with the remarks , 11 any , of the authority or institution concerned thereon , to the ' entrat Government and to the Provincial Government and Provincial Council of the Province in which the authority or mstitution is situated .
13. Withdrawal of recognition.-( 1 ) When , upon report by the Executive ('ommittee , it appears to the Council
( 4) that the courses of study and training and the exammations to be gone through in order to obtain a recoguised qualification from any authority in British India , or the conditions for admission to such courses or the standards of proficiency required from the ca didates at such exanmations are not in conformity with the regulations made under this Ordinance or fall short of the standards required thereby , or
(b) that an institution recognised by a Provincial Council for the trait ing of nurses , midwives or health visitors does not satisfy the requirements of the Council ,--
the Council may send to the Government of the Province in which the authouty o institution , as the case may be , is situated a statement to such cllect , and the Pros vincial Government shall forward it , along with such remarks as it may think the to the authority or institution concerned and , in a cases referred to in clause ( b ) to the Provincia ) (Council also , with an intimation of the period within which the autho rity or institution may submit its explanation to the Provmcial Government .
(2) On the receipt of the explanation or , where no explanation is submitted within the period fixed , then on the expiry of the period , the Provincial Government shall make its recommendations to the Council .
( 3 ) The Council , after such further inquiry , if any , as it may think fit to make , and in a case roferred to in clause ( b ) of sub - section ( 1 ) , after considering any remarks which the Provincial Council may have addressed to it , may declare, -
(a) in a case referred to in clause ( 4 ) of that sub- section , that the quali- fications granted by the authority concerned shall be recognised qualifications only when granted before a specified date , or
(4 ) in a case referred to m the seid clause ( b ) , that with ellect from a dato specified in the declaration any person holding a recognised qualification whose period of training and study preparatory to the grant to hun of the qualifica- tion was passed at the institution concerned shall be entitled to be registered only in the Province m which the institution is situated
( 4) The Council may declare that any recognised qualification granted ont . side British India shall bo a recognised quatheation ouly it granted hefine a speer- fied date..
14. Mcde of declarations All declaration , der section 9 or oction 13 ball be made by resolution passed at a meeting of the Council called for the purpose , and shall forthwith be published in the official Gazette .
412
THE GAZETTE OF INDIA EXTRAORDINARY , AUG 13 , 1947 773
15. Power to make regulations ( 1 ) The Council may rako egulations not inconsistent with this Ordinance generally to carry out the provisions of this Ordi- nance, and in particular and without prejudice to the generality of the foregoing power, such regulations may provide for- (a) the management of the property of the Council and the maintenance and audit of its accounts ;
(b) the manner in which elections referred to im sub - section ( 2) of section 5 and in clause ( 1 ) of sub - section ( 1 ) of section 7 shall be conducted;
(c) the summoning and holding of the meetings of the Council , the times and places at which such meetings shall be held , the conduct of business there- at and the number of members necessary to constitute a quorum ;
(d) prescribing the functions of the Executive Committee , the summon- ing and holding of meetings thereof, the times and places at which such meet- ing shall be held , and the number of members necessary to constitute a quorum ;
(e) prescribing the powers and duties of the President and the Vice -Pre- sident ;
(f) prescribing the tenure of office and the powers and duties of the Seore tary, inspectors , visitors and other officers and servants of the Council ;
(g) prescribing the standard curricula for the training of nurses, mid wives and health visitors , for training courses for teachers of nurses , midwives and health visitors , for training in nursing administration and for the training of assistant nurses and assistant midwives ;
(h) prescribing the conditions for admission to courses of training as aforesaid;
( i) prescribing the standards of examination and other requirements to be satisfied to secure for qualifications recognition under this Ordinance ;
(j) any other matter which is to be or may be prescribed under this Ordi- nance .
( 2) To enable the Council to be first constituted , the President may, with the previous sanction of the Central Government , make regulations for the conduct of the elections referred to in sub - section ( 2 ) of section 5 , and any regulations so made may be altered or rescinded by the Council in exercise of its powers under this section .
THE SCHEDULE
(Sec sections 9 and 10. )
PART 1
Recognised qualifications
A-General Nursing-
Certificates ( including senior and junior certificates ) and Diplomas in Nursing issued by any of the following authorities , namely :-
1. The Examination Board appointed by the Government of Madras . 2. The Bombay Nurses , Midwives and Health Visitors Council .
3. The Bombay Presidency Nursing Association (when issued before the 1st day of January, 1936 ) .
4. The Bengal Nursing Council .
5. The United Provinces State Medical Faculty .
6. The United Provinces Nurses and Midwives Council .
7. The State Board of Medical Examinations , United Provinces ,
8. The Punjab Nurses Registration Council .
13
774 THE GAZETTE OF INDIA EXTRAORDINARY , AUG . 13 , 1947
9. The Bihar Medical Examination Board .
10. The Bihar Nurses Registration Council .
11. The Central Provinces Medical Examination Board .
12. The Assam Nurses , Midwives and Health Visitors Council .
13. The Orissa Medical Examination Board .
14. The Sind Nurses and Midwives Council .
15. The Mid- India United Board of Examiners for Nurses .
16. The Joint Missionary Board for Examination of Nurses (Marathi area) .
17. The North India United Board of Examiners for Mission and other Hospi- tals .
18. The Examining Board of the Nurses Auxiliary of the Christian Medical Association of India ( South India Branch) .
B-Midwifery-
Certificates or Diplomas in Midwifery issued by any of the following authorities , namely :-
1. Any of the authorities mentioned in section A except item No. 18 thereof.
2. The Punjab Central Midwives Board .
3. The North West Frontier Province Central Midwives Board .
4. The Mid- India United Board of Examiners for Midwifery.
5. The Nationa' Association for supplying female medical aid to the Women of India .
Health Visitors
ſealth Visitors Certifiotos or Diplomas issued by any of the following authori- ties , namely : --
1. The Government Training School for Health Visitors , Madras .
2. The Sir John Anderson Health School , Calcutta ,
3. The United Provinces State Medical Faculty .
4. The United Provinces Nurses and Midwives Council .
5. The Punjab Health School .
6. The Government Health School , Nagpur .
7. The Assam Nurses , Midwives and Health Visitors Council , 8. The Lady Reading Health School , Delhi .
9. The Bombay Nurses , Midwives and Health Visitors Council .
10. The Bengal Nursing Council .
PART II
Recognised higher qualifications
Certificates or Diplomas in respect of post- cortificate nursing training issued by the following authorities , namely:
1. The Examination Board appointed by the Government of Madras .
2. The College of Nursing , Delhi .
3. The Missior asy Medical College School of Nursing , Velloto .
MOUNTBATTEN OF BURMA,
Viceroy and Governor General .
THE GAZETTE OF INDIA EXTRAORDINARY , AUG , 13 , 1947 775
ORDINANCE No. XIV OF 1947
AN
ORDINANCE
to confer certain special powers upon officers of the armed forces in certain disturbed areas of Assam
WHEREAS an emergency has arisen which makes it necessary to confer certain special powers upon officers of the armed forces in certain disturbed areas of Assam ; AND WHEREAS the Indian Legislature is not in session ;
NOW, THEREFORE , in exercise of the powers conferred by section 72 of the Government of India Aot , as sot out in the Ninth Schedule to the Government of India Act , 1935 (26 Geo . 5, 0. 2 ) , the Governor General is pleased to make and promulgate the following Ordinance :-
1. Short title , extent and commencement .-( 1 ) This Ordinance may be called the Assam Disturbed Areas (Special Powers of Armed Forces ) Ordinance, 1947.
(2) It extends to the whole of Assam .
(3) It shall come into force at once .
2. Special powers of officers of military or air forces . Any commissioned officer, warrant officer or non - commissioned officer of His Majesty's military or air forces may, in any area for the time being declared by notification under seotion 3 of the Assam Disturbed Areas Ordinance , 1947 , to be a disturbed area ,-
(a) exercise the powers conferred by section 4 of the said Ordinance upon a police officer not below the rank of Assistant Sub - Inspector ;
(6) arrest without warrant any person who has committed a cognizable offence , or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence ;
(c) enter and search , without warrant , any premises to make any such arrest as aforesaid , or to recover any person belioved to be wrongfully restrained or confined , or any property reasonably suspected to be stolen property , or any arms believed to be unlawfully kept , in such premisos . 3. Protection of persons acting under this Ordinance . No prosecution , suit or other legal proceeding shall bo instituted , except with the previous sanction of the Central Government , against any person in respect of anything done or pur- porting to be done in exercise of the powers conferred by section 2 .
MOUNTBATTEN OF BURMA ,
Viceroy and Governor General .
SHAVAX A. LAL , Secy to the Govt . of India .
L'I BLISHED BY THE MANAGER OF PUBITLATIONS , DELHI , ( INDIA ) PRINTED BY THE MANAGER DAERNMENT OF INDIA PPF DFL ( INDIA )