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The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, WEDNESDAY, AUGUST 27, 1947

GOVERNMENT OF INDIA

LEGISLATIVE DEPARTMENT

New Delhi, the 27th August, 1947

ORDINANCE No. XV of 1947

AN

ORDINANCE

to provide for the exercise of certain extra-provincial jurisdiction of the Central

Government.

WHEREAS by treaty, grant, usage, sufferance and other lawful means, the Central Government has, and may hereafter acquire, jurisdiction in and in relation to areas outside the Provinces of India ;

AND WHEREAS an emergency has arisen which makes it necessary to provide fur matters relating to the exercise of the said jurisdiction ;

Now,THEREFORE,in exercise of the powers conferred by section 42 of the Gov- ernment of India Act, 1935 (26 Geo. 5, o. 2), as adapted by the India (Provisional Constitution) Order, 1947, the GOVERNOR General is pleased to make and promulgate the following Ordinance :—

1. Short title and commencement.—(1) This Ordinance may be called the Extra- Provincial Jurisdiction Ordinance, 1947.

(2) It shall coma into force at once.

2. Definitions.- In this Ordinance,—

(a) " extra-provincial jurisdiction " means any jurisdiction which by treaty, grant, usage, sufferance or other lawful means, the Central Government haw for the time being in or in relation to any arca outside the Provinces ,

(b) " jurisdiction " includes rights, power and authority.

3. Exercise of jurisdiction.-—(1) It shall be lawful for the Central Government to exorcise extra-provincial jurisdiction in such manner as it thinks fit.

4 Pr wor to mate orders.—(7) 'L'lic ('mitral Government intiy, by notifiealjoii in the oftVial (ia/iOt.to, nmke HUOI) ordei -. us mny seem to it expedient for the effective exorcise <>f miv .ittra-provinHal jurisdiction of the Contra! Government.

(2) Without prejudice to the generality of tbe powers conferred by sub-seetiov (1), any order made under that sub-sootion may provide'—

(a) for determining tlio law and procedure to bo observed, whether by applying with or without modifications all or any of the piovisions of anj ttimetment in force in tmy Province or otherwise ;

(b) for determining the persons who are to exercise jurisdiction, either generally or in' particular CIRSBOH of cases, and the powers to be exorcised bj tL

(c) for determining the courts, judges, magistrates and authorities by whom, and for regulating the manner in which, any jurisdiction auxiliary or incidental t.> or consequential on the jurisdiction exercised under this Odinanro ift to be exf reined in tbe Provinces ; and

((/) for regulating the amount, collection and application of foow.

5. Validity ol acts done in pursuance of jurisdiction.—Eveiy uct and thing done in pursuance of any rxtra-provineial jurisdiction of the Central Ck>vernineiit in an aroft outside the Province shall be an valid as if it had been done according to tbo local law then in force in that aroa.

6. Evidence as to existence or extent of jurisdiction.— (1) If in any proceeding, civil or criminal, in a Court established in the Provinces or by the authority of the Central Government oiitbide the Provinces, any question aiisos as to tbe existence or extent of any extra-provincial jurisdiction of the Central Government, tbo Sec- retary to tho Government of Judia in tbo appropriate department shall, on tbe application of tbe Court, wend to the Court tho dooision of tho Central Government on the question, and that decision shall for the purposes of the proceeding bo final.-

(2) Tbe Court shall send to tbo said Secretary, in a documont under the seal of tho Court or signod by u judgo of tbe Court, questions framed so as properly to raise the question, and sufficient answers to those quostions shall bo returned to the Court by the Secretary und those answers shall on production thereof be conclusive evidonoo of Ihe matters therein contained.

MOUNTBATTEN OF BURMA,

(ivciniot G'("t ml.

BHA"VAX A, LAL,

Sec.y. to the Oovt, of India.