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Extraordinary Gazette of India · Government of India

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Published 26 January 1949

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E-2348-1949-0000-108868
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in.gazette.csl_extraordinary.1949-01-26.E-2348-1949-0000-108868
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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, WEDNESDAY, JANUARY 26, 1940

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 26th January, 1949

ORDINANCE No. III OF 1949.

AN

ORDINANCE

to invest the Durgah Khawaja Saheb Committee of Inquiry with powers to en-

force the attendance of witnesses and generally to compel the production

of evidence.

WHEREAS a Committee of Inquiry has been appointed to inquire into and report on the administration of the institution known as the Durgah Khawaja Saheb, Ajmer;

AND WHEREAS an emergency has arisen which makes it necessary to invest the said Committee of Inquiry with powers to enforce the attendance of wit- nesses and generally to compel the production of evidence;

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, extent and commencement.—(1) This Ordinance may be called the Durgah Khawaja Saheb Committee of Inquiry Ordinance, 1949.

(2) It extends to all the Provinces of India.

(3) It shall come into force at once.

2. Definition,—In this Ordinance, "the Committee of Inquiry" means the Committee appointed under the Resolution of the Government of India in the Ministry of Home Affairs No 55/12/48-Public, dated the 14th day of January, 1949, to inquire into and report on the administration of the institution known as the Durgah Khawaja Saheb, Ajmer.

3. Powers of the Committee of Inquiry.—The Committee of Inquiry shall have all the powers of a civil Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:—

(a) discovery and inspection; (b) enforcing the attendance of witnesses;

(c) compelling the production of documents and impounding the same; (d) examining witnesses on oath; (e) reception of evidence on affidavits; (f) issuing commissions for the examination of witnesses; ( 73 ) 14 THE GAZETTE OF INDIA EXTBAOKDINARY, JAN,. 26, 1049 and sha.ll be deemed to be a civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).

4. Power to enter premises and seize documents.—The Committee of Inquiry may, for the purpose of its inquiry, enter at all reasonable times any premises where in its opinion any document may be found and may either seize such* document or take copies thereof.

6. Power to delegate functions.—The Committees of Inquiry may authorise, subject to such limitations or restrictions as it may determine, any person ap- pointed by it in writing in this behalf to exercise any of the powers conferred on the Committee of Inquiry under this Ordinance.

6. Bar of Jurisdiction,—No act or proceeding of the Committee of Inquiry shull hu culled in question in any manner by any Court, and no suit, prosecu- Uon or other legal proceeding shall lie against the Central Government, the Com- mittee of Inquiry or any member thereof or any other person in respect of any- thing which is in good faith done or intended to be done under this Ordinance.

C. BAJAflOPALAOBABI,

Governor- General.

0ED1NANCE No. IV. of 1949

AN

OEDINANCE

to provids for exempting the reduced salary of the Governor-General horn taxes

* on income.

WmsnEAS paragraph one of the Third Schedule to the Government of India 'Act, 1935 (26 Geo. 6, c. 2) provides that there snail be paid to the Governor- General an annual salary of 2,50,800 rupees;

AND WHEHEAS the Governor-General and his Council ot Ministers have agreed that notwithstanding the above provision, the Governor-General will, with effect from the 1st day of January, 1949, draw salary at a rate not exceeding 5,500 rupees per month and that the reduced salary will be exempt from taxes on income;

AND WHEREAS an emergency has arisen which makes it necessary to provide for exempting from taxes on income the reduced salary of the Governor-General;

Now, THERETOtt.K, in exercise of the powers conferred by section 42 of t-ho Government of India Act, 19)35 (20 Geo. 5, o. 2), the Governor-General is pleased to make and promulgate the following Ordinance:—

1. Short title and commencement.—(2) This Ordinance may be called the Governor-General's Salary (Exemption from Taxation) Ordinance, 1949.

(#) It shall come into force at once. 2. Reduced salary of the Governor-General to bo exempt from taxes on Income.—Notwithstanding anything contained in the Indian Income-tax Act, 1992 (XI of 1922), or in any other law relating to taxation on income, no income- tax or super-tax shall be payable by the Governor-General in respect of the salary due to him (whether paid or not) for any period for which he draws salary at a rate not exceeding 5,500 rupees per month, amd the salary so due (whether paid or not) shall not be included in his total income.

C. EAJAGOPALACHABI,

Governor-General.

K. V. K. SUNDAIIAM, Secy, to the Govt. of India. P U B L I S H ED BY T HI M A N A G ER OF P U B L I C A T I O N S, DTHT.TTT, I N D I A. PBrSlKD BY THE MANAGHR GOVERNMENT Of INDIA PllBBS, N "W DBT.TTT, INDIA,
Cite this issue. Extraordinary Gazette of India, Government of India, 26 January 1949. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1949-01-26.E-2348-1949-0000-108868/. Archive identifier in.gazette.csl_extraordinary.1949-01-26.E-2348-1949-0000-108868.