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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY. NOVEMBER 9, 1948

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 9th November 1948

ORDINANCE No. XXXII OF 1948

ORDINANCE

further to amend the Code of Criminal Procedure, 1898

WHEREAS an emergency has arisen which makes it necessary further to amend the Code of Criminal Procedure, 1898 (V of 1898), for the purposes hereinafter appearing;

Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1985 (26 Geo. 5, c. 2), the Governor-General is pleased to make and promulgate the following Ordinance :—

1. Short title and commencement.—(1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1948.

(2) It shall come into force at once. 2. Amendment of section 503, Act V of 1898.—In section 503 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the said Code),

(i) for sub-sections (2) and (2A), the following sub-sections shall be substituted, namely: —

"(2) When the witness resides in a tribal area, the commission may be issued to the officer exercising the powers of a District Magis- trate in, or in relation to, such area.

(2A) "When the witness resides in an Acceding State or in any area in, or in relation to, which the Central Government has extra-provincial jurisdiction within the meaning of the Extra-Provincial Jurisdiction Act, 1947 (XLVII of 1947), the commission may be issued to such Court in the State or area as may be recognised by the Central Govern- ment by notification in the official Gazette .as a Court to which com- missions may be issued under this sub-section, within the local limits of whose jurisdiction the witness resides.

(SB) "When the witness resides in the United Kingdom or in any British possession other than India or in the Union of Burma, the commission may be issued to such Court or Judge having authority

( 1745 )

174ft T HE GAZETTE OF INDIA EXTBAOHDINABY, JJOV. 9, 1348-

in this behalf in that country as may be specified by the Central. Government by notification in the official Gazette." (it) for sub-seotion (4), the following sub-section shall be substituted, namely: —>-

"(4) Where the commission is issued to an officer exercising the powers of a District Magistrate in a tribal area under sub-section (£), be may, in lieu of proceeding in the manner laid down in Bub-seotion (3), delegate his powers and duties under the commission to any officer subordinate to him whose powers are not less than those of i. Magistrate of the first class in the Provinces of India,"

5. Amendment of section 605, Aot V of 1898.—In section 606 of the Baid Code,—

("') in sub-seotion {1), for the words, brackets, letter and figures "and,, except in a case to which clause (b) of sub-section (4) of section 608 applies, the Magistrate" the words "and the Magistrate shall be substi- tuted; and the sentence beginning with the words ''In a case to which" and ending with .the words "forwards tbe commission for execution" shall be omitted;

(tf) in sub-section (2), for the words, brackets, letter and figure* "except in a case to which clause (b) of sub-section (4) of section 608 applies, before such officer" the word "officer¹' shall be substituted.

4. Amendment of aectian 507, Act V of 1898.—In sub-section (1) of section 607 of the said Code, the words, brackets, letter and figures "or, in a case to which clause (b) of sub-section (4) of section fl03 applies, has been again reoeived by the officer by whom it was forwarded to the State Court" shall be omitted.

6. Amendment of section B08A, Aot V of 1898.—Tn section 508A of the said Code, for the words "by a Magistrate or Court in Burma under the law in force*in Burma" the words "by any Court or Judge having authority In this behalf in the United Kingdom or in any British possession other than India or in the Union of Burma under the law in force in that country" shall be substituted.

O. BAJAGOPALACBABI,

GntrnoT'Qentrd

ORDINANCE No. XXXEI OF 1048.

ANT

DBDINANOB

to inornate fha cuttome dutie" leviable •* etrUHn fOtoU,

WmmHAB an emergency has arisen which makes H neewwtry to toarea.se th"

customs duties leviable on certain goods;

Now, THBBEFOHB, m exercise of the powers conferred by section 43 of th" Government of India Act, 1986 (2fi Geo. 6, c. 2), th" Governor-G*nernl Is pleased to make and promulgate the following Ordin"n"": —

1. Snort title, extent and commenoemant.—(J) TW" Ordinance may be called the Indian Tariff (Amendment) Ordinance, I M i,

THE GAZETTE OF IKDIA EXTBAORDINAEY, NOV. 9, 1946 1747

(3) It extends to all the Provinces of India, and also to every Acceding State to the extent to which the Dominion Legislature hue power to make IBWB for that 8tate as respects the matters dealt with in this Ordinance.

(3) It shall come into force at onoe.

2. Amendment of the First Schedule, Aot XXXII of 1934.—In the First Schedule to the Indian Tariff Act, 1934 (hereinafter referred to as the Tariff Act),—

(a) in Item No. 24, for the entry "Rs. 18 per lb.", in the fourth . column, the entry "Rs. 16-4 per lb." shall be substituted;

(b) in Items NOB. 24(1) and 24(2), at the end of the fourth column, the words "and, in addition thereto, one-fourth of the total duty so ohflrge- able." shall be added;

> (c) in Item No. 24(8), for the entries "Rs. 7-8 per lb-" and "Ha. 7 per lb." in the fourth and sixth columns, the entry "Rs. 9-6 per lb." shall be substituted;

(d) for Item No. 28(14), the following Item ehnll be substituted, namely: —

"28(14) TOXLUT REQUISITES— (a) Talcum powder, Revenue

...

30 por oent. ad'txtloTvm.

tooth powder, tooth panto, Bhaving Boap and shaving cream.

(6) Not otherwise Revonue

...

n . ... t upooified.

37J P⁶' o*nt. ad mlorem.

(?) m Items NOB. 34(8), 48(10), 51, 61(8), (11(9), 82(1), 84 and 85(1), for the entry ",TO per oent. ad valorem", in the fourth column, the entry "75 per oent. nd valorem" shall be substituted;

(/) in Item No, 75(1), for the entries "60 per oent, ad valottn" and" . " 42^ per oent. ad valorem", in the fourth and fifth columns the entries '60 per cent, ad valorem" and "54 per cent, ad valorem'- sholj restXHi ir^ tively be substituted.

8. Enhancement oi oustoms duties on certain articles.—Where anv ooede chargeable with a duty of customs under the First Schedule to the T"riff Act or under the said Sohodule read with any notirJoation of the Central Govern' inent for the time being in force, are assessed to duty, there shall Be Ieviai and collected as an addition to, and in the same manner as, the total nmowat BO ohargeable, a sum equal to one-half of such amount,

(a) in the ense of goods comprised in Items Nos. 22f2) and 22/4V and

(b) in the oase of goods comprised in Items Nos. 48, 48(1) 48(4) 48*5) and 40. if the said goods contain not less than fifty per ©ent oi lAVk ** artificial silk or of both.

4. Additional dutlefl not to be levied under the Indian Jinanct Act 194ft In oortaln ca"eB.—The additional duties leviable troder seotion 5 at flm Jniwm

1 70 THE .QAZBTTB OF IJJDIA, EXTBAOBDINABY, JSfOV. 9, 1848

Ffcuwce Aot, 1946 (XX of 1948), shall not be levied in respect of the goods specified in £ha Items referred to in clauses (d) and (e) of section 2 and in Heotiou 8.