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Extraordinary Gazette of India · Government of India

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Published 24 December 1947

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E-2370-1947-0000-110193
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REGISTERED NO. L. 3131

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, WEDNESDAY, DECEMBER 24,1947

Separate paging is given to this Part in order that it may be filed as a separate compilation

PART IV

Act of the Dominion Legislature assented to by the Governor General

GOVERNMENT OF INDIA

MINISTRY OF LAW

The following Act of the Dominion Legislature revived the assent of the Governor General on the 24th December, 1947 and is hereby promulgated for general information:—

ACT NO. XLVII OF 1947.

An Act to provide for the exercise of certain extra-provincial jurisdiction of the

Central Government

WHEREAS by treaty, agreement, 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;

It is hereby enacted as follows: —

1. Short title—This Act may be called the Extra-Provincial Jurisdiction Act, 1947.

2. Definitions.—In this Act,—

(a) "extra-provincial jurisdiction" means any jurisdiction which by treaty, agreement, grant, usage, sufferance or other lawful means the Central Govern- ment has for the time being in or in relation to any area outside the Provinces;

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

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

(2) The Central Government may delegate an.) such jurisdiction as aforesaid to any officer or authority in such manner and to such extent as it thinks fit.

4 Fewer to make orders.—(1) The Central Government may, by notification in the official Gazette, make such orders as may scorn to it expedient for the effective exercise of any extra-provincial jurisdiction of the Central Government. (8) Without prejudice to the generality of the powers conferred by sub-section (1) any order made under that sub-section may provide— (a) for determining the law and procedure to be observed. whether by applying with or without modifications nil or any of the provisions of any enactment in force in any Province or otherwise; ( 1393 ) 1394 THE GAZtiTTK Ob' INDIA EXTEAORDTNAEY, DEC. 24, 1947

(b) for determining trie persons who are to exorcise jurisdiction, either generally or in particular cases or classes of oases, and tho powers to be exer- cised by them;

(f) for determining Ihe courts, judges, magistrates and authorities b\ whom, and for regulating the manner in which, any jurisdiction auxiliary or incidental to or consequential on the jurisdiction exercised under this Act is to be exorcised within any Province; and

(d) tor regulating the amount, collection and application of fees.

5. Validity of acts done In pursuance of Jurisdiction.—Every act and thing done, whelher before or after the commencement of this Act, in pursuance of any extra-provincial jurisdiction of the Central Government in an area outsido the Provinces shall be as valid as if it had been done according to the local law then in force in that area,

6. Evidence as to existence or extent of Jurisdiction,—(7) Tf in any proceeding, civil or criminal, in a Court established in the Provinces or by the authority of the Central Government outside the Provinces, any question arises as to the existence or extent of any extra-provincial jurisdiction of the Central Government, the Pec- retary to the Government of India in the appropriate department shall, on the application of the Court, send to the Court the decision of the Central Government on the question, and that decision shal] for the purposes of tho proceeding be final.

(8) The Court shall send to the said Secretary, in a document under the seal of the Court or signed by a judge of the Court, questions framed so as properly to raise the question, and sufficient answers to those questions shall be returned to the Court bv the Secretary and those answers shall on production thereof be con-1 elusive evidenoe of the matters therein contained.

7. Repeal and saving.—-(1) The Extra-Provincial Jurisdiction Ordinance, 1947 (XV of 1947) is hercbv repealed

(3) Any order made, anything done or an\ action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been made, done or taken in exercise of powers conferred by or under thin Act as if this Act hod commenced on tho 27th day of August, 1947.

S. A. LAL,

Sicy, to the Govt, of India,

PlTHTTIHEIl HT THE MANArr .lf PniMC ATIONH, DKIffl. TWDW PB/NTflU DV TOT MANAOITt GOVHRNAPNT OF I * ™* P t W H H- N*W D l I X n i' t N D IA
Cite this issue. Extraordinary Gazette of India, Government of India, 24 December 1947. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1947-12-24.E-2370-1947-0000-110193/. Archive identifier in.gazette.csl_extraordinary.1947-12-24.E-2370-1947-0000-110193.