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The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, JULY 10, 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 19th July, 1949

ORDINANCE No XVI of 1949

AN

ORDINANCE

to provide for the removal from out unit to another unit of persons subjected to

preventive detention for reasons connected with the maintenance of public

order

WHEREAS an emergency has arisen w h i ch makes it necessary to p r o v i de for the removal from one u n it to another unit of persons subjected to p r e v e n t i ve detention for reasons connected with the maintenance of public order ;

Now, THEREFORE in e x e r c i se of the powers conferred by section 42 of the G o v e r n m e nt of India Act, 1935 (26 Geo. 5, c. 2) the Governor General is pleased to make and promulgate the following O r d i n a c e :—

1. Short title, extent and commencement.—(1) This Ordinance may be called t he Transfer of Detained Persons O r d i n a n c e, 1 9 49

( 2) It extends to all the Provinces of India, a nd also to every Acceding S t a te to the extent to which the Dominion Legislature has power to m a ke laws for that State with respect to the matters dealt with in this O r d i n a n ce

(3) It s h a ll come i n to force at once

2. Removal of detained persons from one unit to another.—(1) Where any person is subjected to preventive detention for reasons c o n n e c t ed w i th t he maintenance of public order in any Province under a l aw for the t i me b e i ng in force in that Province the Government of that P r o v i n ce m a y, w i th the c o n s e nt of the Government of any other Province provide by order t or t he r e m o v al ofsuch person to any p l a ce of d e t e n t i on in t h at other Province and t he p e r s on so removed s h a ll be detained in t h at other Province in accordance w i th t he p r o v i s i o ns of t he o r d er ( 1231 )

(;3) ISotwiLlistHuding the teuioviil of any person from ona Province, to an- other Province under this section, the provisions of the law under- which bis preventive detention was ordered utul regulated in the first Province shall, BO fur as. applicable and subject to the necessary modifications, continue to apply to him us if he had not been removed-from that I'rovineG.

(3) \n this section "Province" includes ;wiy Acceding S.ttfte to which this Acfc extends.

0.' BAJAGOPAL ACHAtt I,

Oovernor-Ch'neial.

K. V. K. 8UKDAEAM,

S&orttary.