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REGISTERED No. D-28.

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, FRIDAY, APRIL 1,1949

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

PART IV

Acts of the Dominion Legislature assented to by the Governor General

GOVERNMENT OF INDIA

MINISTRY OP LAW

New Delhi, the 1st April, 1949

The following Acts of the Dominion Legislature received the assent of the- Governor-General on the 1st April, 1949 and are hereby published for general information: —

ACT NO. XV OF 1949

An Act further to amend the Code of Criminal Procedure, 1898.

WHEREAS it is expedient further to amend the Code of Criminal Procedure,, 1898 (V of 1898), for the purposes hereinafter appearing;

It is hereby enacted as follows:—

1. Short title.—This Act may be called the Code of Criminal Procedures (Second Amendment) Act, 1949.

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 subsections 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.

(3A) When the witness resides in an Acceding State, or in any area in, or in relation to, which the Central Government has extra pro- vincial jurisdiction within the meaning of the Extra-Provincial Juris- diction Act, 1947 (XLVII of 1947), the commission may be issued to such Court in the State or area as may be specified by the Central Government by notification in the official Gazette as a Court to which commissions 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 poseeession outside India or in the Union of Burma, the commission may be issued to such Court or Judge having authority in this behalf in that country as may be specified by the Central Government by notification in the official Gazette."-

( 1 1 1)

(ii) for sub-section (4), the following sub-section shall be substituted,

namely:—

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

3. Amendment ol section 505, Act V of 1898.—In section 505 of the said -Oode,—

(I) in sub-section (2), for the words, brackets, letter and figures "and, except in a case to which clause (b) of sub-section (4) of section 508 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 the commission for execution" shall be omitted;

(ii) in sub-seotion (#), for the words, brackets, letter and figures "except in a case to which clause (b) of sub-section (4) of section 503 applies, before such officer" the word "officer" shall be substituted.

4. Amendment ol section 607, Act V of 1898.—In sub-seation (7) of section 507 of the said Code, the worda, brackets, letter and figures "or, in a case to which clause (b) of sub-seotion (4) of section 503 applies, has been again received by the officer by whom it was forwarded to the .State Court" shall be omitted.

5. Amendment of Section 608A, Act V ot 1898.^In 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 outside India or in the Union of Burma under the law in force in that country" shall be substituted.

6. Repeal of Ordinance XXXII of 1948.—The Code of Criminal Procedure .(Amendment) Ordinance, 1948 (XXXH of 1948), is hereby repealed.

ACT NO. XVI OF 1949

An Act to provide for exempting the reduced salary of Hhe Governor-General

from taxes on income.

WHKREAS paragraph one of the Third Schedule to the Government of India Act, 1935 (26 Geo. 5, o. 2) provides that there shall be paid to the Governor-

AND WHEREAS the Governor-General and his Council of Ministers have agreed that notwithstanding th© above provision, tho 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 irom taxes on income;

- A ND • w m a i E AS it ia e x p e d i e nt to p r o v i de f or e x e m p t i ng f r om t a x es on i n c o me the reduced salary of the Governor-General;

It is hereby enacted as follows:—:

1. Short title.—This Act may be called the Governor-General's Salary i(Exemption from Taxation) Act, 1949.

2. Reduced salary of the Governor-General to be exempt from taxea on Income.—Notwithstanding anything contained in tho Indian .Income-tat Act, 1922 (XI of 1922), or in any other law relating to taxation on income, no income-tax or super-tax shall be payable by tho Govern or-General in respeoS of the salary due to him (whether paid or not) for any period for which he d nm salary at a rate not exceeding 5,500 rupees per month, and the salary eo doe (whether paid or not) shall not be included in his total income.

3. Repeal of Ordinance IV of 1949.—Tho Governor-General's Salary (^k- emption fiom Taxation) Ordinance, 1949 (IV of 1949), is hereby repealed.

Aor NO. XVII OF 1949

An Aol to provide for the removal of certain existing discriminations in favour

of Europeans and Americans in the criminal law of the Provinces of India.

WHEHMAS it is expedient to provide for the removal of certain existing dis- criminations in favour of Europeans and Americans in the criminal law aftha Provinoes of India;

It ia hereby enacted as follows:—- 1. Snoit title, extent and commencement.—(1) This Act may be called the 'Criminal Law (Removal of Eaoial Discriminations) Act, 1949.

(3) It expends to all the Provinces of India. (3) It shall come into foroe on such date as the Central Government may, 'by notification in the official Gazette, appoint in this behalf.

2. Amendment ot Act XLV of I860.—In the Indian Penal Code (XLY of I860),—

(I) in section 58, the words "Thirdly,—Penal servitude;" fehall b© omitted;

(£) section 56 shall be omitted; (3) in section 222, the words "or penal servitude for life,'- and -or penal servitude" shall be omitted;

(4) in section 225, the words "penal servitude," shall be omitted- 8. Amendment ol Act V ol 1898.—^In the Code of Criminal Procedure, 1888 rfVj Of 1898),-,

(l)'ln sub-section (2) of section 4,—

(a) clause (t) shall be omitted; (b) for olause (j), the following clause shall be aubfltdtoS^I, namely:—

'(j) "High Court" means the highest Court of criminal ap- peal or revision for any local area; or, where no such Court la established under any law for the time being in force, such olH" cer as the Provincial Government may appoint in this behalf:';

(#) sections 29A, 84A, 275, 284A and 285A shall be omitted- (3) in section 812, the proviso shall be omitted; (4) in section 826,—

(a) in sub-section (2), the words "and including, where any accus- ed person is an European or an Amerioan, as many Europeans or Americans as may be required for the purpose of choosing jurors or agsesBoffi for the trial" shall be omitted;

(b) sub-sections (3) and (4) shall be omitted;

(5) in section 87Q, in clause (d), the brackets and words "(exoepfi In the Case of an European British subject)" shall be omitted;

(6) in section (593, in clause (!)), the' words "or to penal servitude, "' shall be omitted;

(7) in section 896,—

(a) in sub-sections (1) and (3), the words "penal servitude" shall be omitted;

(b) in olause (a) of the Explanation, the words "or penal servi- tude" shall be omitted; (8) in section 397, the words "penal servitude", wherever they occur, shall be omitted;

(9) in section 398, in sub-section (8), the words "or penal servitude- for an offence punishable with imprisonment" shall be omitted, and tot the words "transportation or penal servitude" the words "or transportation" shall bo substituted;

(10) in section 402, in aub-soction (1), the words "penal servitude" riisQ be omitted;

(11) Chapter XXXIII shrill be omitted; (12) in section 478, in Bub-saction (2), the words and 'figures "and ot Chapter XXXIII in cases where that Chapter applies" shall be omitted;

(23) in section 480, sub-section (#) shall be omitted; (14) section 491A shall be omitted; (1-7) Chapter XLIVA shfdl bo omitted; (.76) section 5H4 shall be omitted; (17) in Schedule II,—

(a) in the second column relating to section 222, the words "or penal servitude for life" and "or penal servitude" shall be omitted;

(b) in tho second column relating to section 225, the words "penal servitude" shall be omitted.

4. Amendment of Aot III of 1900.—In the Prisoners Act, 1900 (JH <# 1900),-.

(a) in section 8, the words "or penal servitude", hi both places where they occur, shall be omitted;

(b) Part V shall be omitted.

5. Amendment of Act XV of 1903.—In the Indian Extradition Aot, 1908 (XV of 1903),—

(o) in section 2, clauso (a) shall be omitted; (b) in sub-section (1) of section 7, the words "not being a European .British subject" shall bo omitted. 6. Amendment of the First Schedule to Act IX of 1908.—In the Firirl Schedule to the Indian Limitation Act, 1908 (JX of 1908), articlo 150A shall be omitted.

•

7. Repeal of Acts XXIV of 185B and IX of 1874.—The Penal Servitude Ao|, 1855 (XXIV of 1855), and the European Vagrancy Act, 1874 (IX of 1874), are hereby repealed. ,

K. V. K. STJNDARAM, Secy, to the Oovt. oft India*