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REGI8TIBJCD No. D- 28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SATURDAY, JULY 30, 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 30th July 1949

ORDINANCE No. XVIII OF 1949

AN

ORDINANCE

to provide, in pursuance of an agreement with Pakistan, for the recovery and

restoration of abducted persons.

WHEREAS an agreement has been reached between India and Pakistan for the recovery and restoration of abducted persons;

AND WHEREAS an emergency has arisen which makes it necessary to provide, in pursuance of the said agreement, for the recovery of abducted persons and for their temporary detention in camps pending restoration to their relatives;

AND WHEREAS the Governors of East Punjab and the United Provinces and the Rajpramukhe of Patiala and the East Punjab States Union and the United State of Rajasthan have, under the provisions of sub-section (1) of section 106 of the Government of India Act, 1965 (26 Geo. 5, c. 2), accorded their previous consent to the making and promulgation of this Ordinance;

Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935, 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 Abducted Persons ("Recovery and Restoration) Ordinance, 1949.

(2) It extends to the whole of India.

(3) It shall come into force at once in the United Provinces, (ho Pro- vinces of East Punjab and Delhi, Patiala and the East Punjab States Union and the United State of Rajasthan, and in any other Province or Acceding State on such date or dates as the Central Government, after obtaining the previous consent thereto of the Governor of the Province or the Ruler of the Acceding State, as the case may be, may, by .notification in the official Gazette, appoint in this behalf.

(1347)

2. Interpretation.—(£) jjj this Ordinance,-unless there is anything repugnant in the subject or context,—

(a) "abducted person" means a main child under the age of sixteen years or & female of whatever age who is, or immediately before the 1st day of March, 1947, was a Muslim and who, on or after that day, has be- come separated from his or her family and is found to be Hying with or under the control of a non-Muslim individual or family;

(b) "camp" means any place established, or deemed to be established, under section 8 for the reception and detention of abducted persons.

(S]) In the application of this Ordinance to any Acceding State,—

(a) references to the Province and the Provincial Government shtdl be construed as references to that Acceding State or the Government of that 'State, as the case may be, and references to the official Gazette shall be construed as references to the appropriate official publication of that State; and

(b) references to the Code of Criminal Procedure, 1808 (Act V" of 1808) or any other law for the time being in force in the Provinces of India shall be construed as references to the corresponding law for the time being in force in that State.

3. Establishment of campa and notification thereof and of officers in

charge.—(J) The "Provincial Government may establish n" many cwups as it may consider necessary for the reception and detention of abducted persons, and any place established before the oommeneemont of this Ordinance for the reception and detention of abducted persons shall be deemed to be a camp estab- lished by the Provincial Government within the meiuiiu" of this section

(#) The Provincial Government shall, as soon after the commencement of this Ordinance as may bo practicable, notify in the official Gazette all camps in the Province and the names of officers in charge thereof.

4. Powers of police officers to recover abducted persons.—(l) If any police officer, not below the rank of an Assistant Sub-Inspector or any other police officer specially authorised by the Provincial Government in this behalf, has reason to believe that an abducted person resides or is to be found in any place, ho may, without warrant, enter and search the place and take into custody any person found therein who, in his opinion, is an abducted person, and deliver or cause such person to be delivered to the custody of the officer in charge of the nearest camp with the least possible delay.

(2) In exercisiug any powers conferred by sub-section (1) any such police officer may take such stops and may require the assistance of such female per- sons a" may, in his opinion, be necessary for the effective exercise of such power.

5. Maintenance of discipline tn camp.--(7) The Provincial Government may make regulations for the transfer of abducted persons from one camp to an- other and for the maintenance of health and good order in the camp and of harmonious relations among the abducted persons detained therein.

(2) In making any regulations under this section, the Provincial Government may provide that a breach thereof shall be tried and punished by the officer in charge of the camp in such manner as may be prescribed in the regulations:

Provided that no abducted person shall be liable to be tried in a criminal Court in respect of any offence made punishable by any regulations made under this section.

6. Determination of question whether any person detained ia aa abducted

pereon. —(2) If iny question tunes \Wx>thei o peibon detained in a camp is an abducted peison or not, it shall 1>- icteired to, and decided b ;, a ttibunal constituted l'oi the purpose by the Central Government

(2) The decision of the tribunal constitute! under bub-fie- tion (7) shall he

inial:

Provided {hot the Oential Government may, eithei of its own motion or on the application of any party intended in the mattet, review or revibe any such decision,

7. Handing over of abducted persona to persons authorised.—(1) Any officer in (.barge of a wrap may deliver any abducted person detained in the onmp to the custody ot such officer oi authority as the Provincial Government may, by general or special order, specify in this behalf

(if) Any office* or authonty to whom the custody of anj abducted peison has been delivered under the piovismns of sub-section {1) shall-be entiled to reniivij and hold the person in custody and eithej > AS. tore such person to his ot hoi relatives or convoy such person out of India

8. Detention m camp not to be questioned by Court.—Notwithstanding any- thing contained in any other law tor ihe time beiay in foioe, the detention of anv nbdu< ted person in a camp m ai c ordnnce witli the JHOVISIOHS of this Oidi nRtj( e ahuiJ be lawful and shnll unf be called in question in nnj Conifc

9. Protection of action under Ordinance.—,No suit, piohccutioji n o t ho le^al piMfoodinn A\ lintsocvei MMII 1I" i^nii^t the Ccntml Government, (U PiO- \iiicinl (-lOVLiJiincnt r>i au"^ oflicei or auliionty tot or in ie-.pt

10. Validation of action taken under Ordinance V of 1949.--Any order made, t l i i na d o u r, oi n o t i on f a l l en u n d ^r t he l t e i o v e i^ ot A l j d i ii t ed 1 ' e i s o ' ms O i d m a u o e, 1049 (V ol l'W<), shnll, foi aJI puiposcs be deemed to bme been made, done, or taken under tliih Oidnunce a- if this 'Ordinance hnd commenced on the day BuiOi oulej ni s modt oi such thmq was doiu ny MICII ^OIIMI was taken

11. Termination of pending proceedings.— 411 piooeedin^s for the produc- tion of dny abducted person detained iu a eamp vihich me pending before a TliRh Court undei t}ie pjo^jbion.s of section 491 ot the Code of Criminal Pro- cedure, 18l>8 (ActY of 1898) or before a Magistrate under the provisions of s ec tion 100 of that Code shall be deemed to have terminated on the commencement of this Ordinance.

12. Power to make rules.—(J) The Centra] Government may, by notification iu the ofljeial Gazette, make rules to cany out the purpose of this Ordinance.

(2) In pBitioular, and without prejudice to the generality of the foreiroinc powei, such tules may provide tor—

(a) the constitution nnd procedure of any tribunal appointed under section 6,

*

(b) tbe manner in which any application to review or revise any deci- sion of the tribunal may be made under section- 6.

C. BAJAGOEALAOHARI,

Governor-Oeneral.

ORDINANCE No. XIX OF 194©

ORDINANCE

further to amend the Ee^eiire Bank of India Act, 1934,

WUKRBAS Mn emergenty has amen which mukea it necessary further to amend tiie Reserve Bank of India Act, 19S4 (II ot 1934), fen- the pwpose hereinafter appearing,

Now, THI,HEFOHE, in exercise of the powers conferred by teotion 42 of the Government of India Act, 1935 (26 Geo. 5, c! 2), the Governor-General is pleased to make and promulgate ihe following OrdimtiiLe: —

1. Short title and commBncement.—(1) This Ordinance may be called the t^aeerve Bank of India (Amendment) Ordinance, 1949.

(2) It shall come into force at once.

%. Amendment ol section 17, Act n ot 1934.—In clause (11) of lection 17 of the Kesetve Bank of India Act, 1934,—

(a) after the words "any Indian State", the words, figuiee and brackets "or the Industrial Finance Corporation of India established under the In- dustrial Finance Corporation Act, 1948 (XV of 1948)" bhali be inserted;

(b) after sub-olaus" (e), the following sub-clause bhall be inserted, namely: —

"(/) in respect of the aforesaid Corporation, the issue and manage- ment of its bonds and debentures;".

C. RAJ.VGOPALACHARL,

Governor-General.

K V. K. SUNDABAM,

Secretary,

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