REGISTERED No. D -28
The Gazette of Andía
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI , WEDNESDAY , NOVEMBER 10 , 1948
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi , the 10th November 1948 ORDINANCE No. XXXIV OF 1948
AN
ORDINANCE
to control the admission into , and regulate the movements in , India of persons from Pakistan .
WHEREAS an emergency has arisen which makes it necessary to control the admission into , and regulate the movements in , India of persons from Pakistan ; NOW, THEREFORE , in exercise of the powers conferred by section 42 of the Government of India Act , 1935 ( 26 Geo . 5 , c . 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 Influx from Pakistan ( Coutrol ) Onlinance , 1948 .
(2) It extends to the whole of India .
(3 ) It shall come into force at once .
2. Definitions . In this Ordinance , unless there is anything repugnant in the subject or context ,-
( a) " enter" means to enter by water , land or air ;
(b) " officer of Government " means any officer of the Central Govern- ment or of a Provincial Government or of the Goverument of an Acceding State;
( c ) " permit " means a permit issued or renewed or the period whereof has been extended in accordance with the rules made under this Ordinance .
3. Control of admission into India of persons from Pakistan . No person shall enter India from any place in Pakistan , whether directly or indirectly , unless- (a) he is in possession of a permit , or
(b ) being a person not domiciled in India or Pakistan , he is in posses- sion of a valid passport as required by the Indian Passport Act , 1920 ( XXXIV of 1920) , or
(c) he is exempted from the requirement of being in possession of a permit by or in accordance with the rules made under this Ordinance ..
( 1753 )
1754 THE GAZETTE OF INDIA EXTRAORDINARY , NOV . 10 , 1948
4. Power to make rules . The Central Government may , by notification in the official Gazette , make rules
(a) prescribing the authorities by which and the conditions subject to which permits may be issued or renewed or the period thereof extended , the conditions to be satisfied by the applicants for such perinits , and the forms . and classes of such permits ;
(b) regulating the movements in India of any person who is in posses- sion of a permit;
(c) providing for the exemption , either absolutely or on conditions , of. any person or class of persons from the requirement of being in possession . of a permit or from the operation of any rule made under this section; and
(d) generally, providing for any other matters ancillary or incidental to the carrying out of the purposes of this Ordinance .
6. Punishment of offences .-(1 ) Whoever enters India in contravention of the provisions of section 8 , or having entered India contravenes the provisions of any rule made under section 4 , or commits a breach of any of the conditions of his permit , shall be punishable with imprisonment for a term which may ex- tend to one year , or with fine which may extend to one thousand rupees , or with both .
(2) Whoever , in any statement made by him in pursuance of any of the provi-- sions of this Ordinance or of any rules made thereunder , furnishes any infor- mation which is false , and which he either knows or believes to be false or does not believe to be true , touching any point material to the object for which the statement is made or used , shall be punishable with imprisonment for a term which may extend to one year , or with fine which may extend to one thousand rupees , or with both .
6. Power of arrest .-( 1) Any officer of police , not below the rank of a sub- inspector , any officer of the customs department of the Central Government or any other officer of Government empowered by a general or special order of the Central Government in this behalf may arrost without warrant any person who has committed or against whorn a reasonable suspicion exists that he has committed an offence under this Ordinance . ,
(2) Every officer making an arrest under this section shall , without un- necessary delay , take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer - in - charge of the nearest police station , and the provisions of section 61 of the Code of Criminal Procedure , 1898 (V of 1898) , or of the corresponding law for the time being in force in the Acceding State shall, so far as they may be applicable , apply in the case of any such arrest .
7. Power of removal. Without prejudice to the provisions contained in section 5 , the Central Government may , by general or special order , direct the removal from India of any person who has committed , or against whom a reasonable suspicion exists that he has committed , an offence under this Ordi- nance, and thereupon any officer of Government shall have all reasonable powers necessary to enforce such direction .
8. Protection to persons acting in good faith . No suit , prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance .
9. Repeal of Ordinance XVII of 1948 .-( 1 ) The Influx from West Pakistan (Control) Ordinance , 1948 (XVII of 1948) , is hereby repealed .
THE GAZETTE OF INDIA EXTRAORDINARY , NOV . 10, 1948 1755
(2) Notwithstanding such repeal , any rules made , action taken or thing done in the exercise of any power conferred by the Influx from West Pakistan (Control) Ordinance , 1948 , shall for all purposes be deemed to have been made, taken or done in the exercise of the powers conferred by this Ordinance , as if this Ordinance had commenced on the day such order was made or such action was taken or such thing was done .
C. RAJAGOPALACHARI ,
Governor-Generalı
K. Y. BHANDARKAR , Beoy, to the Govt . of India .
MINISTRY OF RELIEF AND REHABILITATION
NOTIFICATION
New Delhi , the 10th November 1948
No. II ( 55) 48 NI . In exercise of the powers conferred by section 4 of the Influx from Pakistan ( Control ) Ordinance , 1948 ( XXXIV of 1948 ) , the Central Government is pleased to make the following amendment to the Permit System Rules , 1948 , namely :-
In the said Rules , after rule 18 , insert the following as rule 19 , namely:
" 19. No person entering India from any place in that part of Pakistan which Iles to the east of India shall be required to be in possession of a permit . "
V. D. DANTYAGI , Joint Secy .
Ривани оT THE MANAGER OF PUBLICATIONS , DET , INDIE
PAINTRO MANA GovINт оF INDIA Pases, New Ducan, In