The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 107] NEW DELHI, SATURDAY, NOVEMBER 3, 1962/KARTIKA 12,1884
MINISTRY OF HOME AFFAIRS
ORDER
New Delhi, the 3rd November 1962
G.S.R. 1463.—In exercise of the powers conferred by sections 3, 4 and 8 of the Foreigners Act, 1946 (31 of 1946), read with the Foreigners Law (Application and Amendment) Ordinance, 1962, the Central Government hereby makes the following Order, namely :—
CHAPTER I—Preliminary
1. (1) This Order may be called the Foreigners (Internment) Order, 1962.
(2) It shall come into force at once.
2. Definitions.—In this Order—
(1) "civil authority" means the civil authority appointed under paragraph 2 of the Foreigners Order, 1948;
(2) "internee" means any person arrested or liable to arrest under para- graph 5 of this Order.
CHAPTER II—Internment of certain persons
3. Application of Chapter.—This Chapter shall apply to and in relation to any foreigner who is, and any person not of Indian origin who was at birth, a citizen or subject of any country at war with, or committing external aggression against, India or of any other country assisting the country at war with or com- mitting such aggression against India,
4 Internment Camps.—The Central Government may, for . the purposes of this Order, establish internment camps at such places as it thinks fit, and shall appoint a 'Commandant of every such camp.
5. Arrest and Internment of certain persons.—(1) The civil authority for any area may arrest or cause to be arrested any person to whom this chapter applies in that area:
576 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i>] (2) Every person arrested under the provisions of sub-paragraph (1) shall be surrendered, as soon as may be, to the Commandant of an Internment camp :Provided that if, at the time of his airest, such person is suffering from any infectious disease, or by reason of sickness unable 1;o move, the civil authority making the arrest shall report the matter to the Commandant of an internment camp and await his instructions as to the time at which, and the internment camp to which, the arrested person shall be removed.
(3) Every such person surrendered to the Commandant of an internment camp in pursuance of sub-paragraph (2) shall be confined in an internment camp until otherwise directed by the Central Government.
6. Temporary detention of Internees.—The civil authority shall, pending the surrender of an internee to the Commandant of an internment camp, detain or confine such internee in such manner und at such place aa may to such authority appear suitable :
Provided that the manner of such detention or confinement shall noL be more rigorous than the manner in which an arrested person is detained or confined while in police custody under the provisions of the Code of Criminal Procedure 1898 (5 of 1898).
7. Personal property of internees.—(1) An internee may take with him to an internment camp such personal property as may be permitted by the civil authority arresting him, and, may, subject to the approval of that authority, dispose of the rest of his personal property in such manner as he desires,
(2) Where an internee is unable to make arrangements for the disposal of such of his personal property as he is not allowed to take with him to the internment camp, the property shall remain In the custody of the civil authority making the arrest or of such other person as may be authorised by or under any law for the time being in force to take possession of property belonging to such foreigners.
CHAPTER III—General provisions as to foreigners
8. Arrest and detention of suspected foreigners.—(1) The civil authority may arrest without any warrant any foreigner, whom it reasonably suspects of having acted, of acting, or of being about to act, with intent to assast a country at war with or committing ext3rnal aggression against India, or in a manner prejudicial to the public safety or to the safety of any building or machinery,
(2) The civil authority making an arrest in pursuance of sub-paragraph (1) shall forthwith report the fact of such arrest to the Central Government, and pending the receipt of the orders of the Central Government, shall detain or confine the arrested person in such manner or at such place as may to such authority appear suitable :
Provided that the manner of such detention or confinement shall not be more rigorous than the manner in which an arrested person is detained or confined while in police custody under the provisions of the Code of Criminal Procedure,
[No. 6/168/6MM.1
FATEH SINGH, Jt. Secy.
ORDER New Delhi, the 3rd November, 1962.
GSJR 1464.—In exercise of the powers conferred by clause (1) of article 359 of the Constitution, the President hereby declares that the right of any person to move any court for the enforcement of the rights conferred toy article 21 and article 22 of the Constitution shall remain suspended for the period dining which the Proclamation of Emergency issued under clause (1) of article 352 thereof on the 26th October, 1962, is In force, if such person has been deprived of any such rights under the Defence of India Ordinance, 1962 (4 of 1962) or any rule or order made thereunder.
V. VTSWANATHAN, Secy.