REGISTERED No. D. 221
The Gazette of Endia
GORASARA
EXTRAORDINARY
PART II- Section 3- Sub - section ( i )
PUBLISHED BY AUTHORITY
No. 74] NEW DELHI , TUESDAY, APRIL 23 , 1963 / VAISAKHA 3 , 1885
MINISTRY OF HOME AFFAIRS
ORDER
New Delhi , the 23rd April 1963
G.S.R. 738. In exercise of the powers conferred by sub - section ( 1 ) of see- tion 4 of the Foreigners Act , 1946 ( 31 of 1946 ) , the Central Government hereby makes the following Order determining the conditionsthe conditions of discipline and the punishment of offences and breaches of discipline of internees :-
1. Short title and extent . ( 1 ) This Order may be called the Internces ( Disci- pline and Offences ) Order , 1963 .
(2 ) It shall apply to internees confined or detained in any place ( hereinafter referred to as an internment camp ) in pursuance of section 4 of the Foreigners Act, 1946 .
2. Definitions . In this Order , unless the context otherwise requires-
( a ) " camp offence " means a camp offence as defined by clause 4 ;
( b ) " Commandant " means the Commandant of the internment camp ap- pointed in pursuance of paragraph 4 of the Foreigners ( Internment ) Order , 1962.
( c) " criminal offence " means an offence other than a camp offence .
3. Commandant's power to make orders .-( 1 ) Subject to the provisions of this Order , the custody and safety of, and the maintenance of discipline among , internees shall be regulated by orders issued by the Commandant .
(2) A cocopy of such orders shall be forwarded without delay to the Central Government, and the Central Government may cancel or modify such orders as it thinks fit .
(3 ) Orders issued under this clause shall be communicated to internees in a language which they understand .
4. Camp offences . Any internee who contravenes , or failsto comply with , any order made under clause 3 , or whose conduct is otherwise prejudicial to the maintenance of discipline among internees , shall be deemed to have committed a camp offence:
Provided that nothing in this Order shall affect the liability of an internee to proceedings in a criminal court for a criminal offence:
Provided further that where the act constituting a camp offence constitutes also an offence punishable under the Indian Penal Code with imprisonment for a term exceeding one year , it shall be deemed not to be a camp offence .
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[PART II- 368
5. Dismissal of charge of camp offence . The Commandant upon receiving information of a charge made against an internee under his custody of having committed a camp offence , shall dismiss the charge, if he is of opinion that it ought not be proceeded with .
6. Summary trial of camp offences .- ( 1 ) If the Commandant does not dismiss the charge under clause 5 , he shall , subject to the provisions of clause 4 , charge the internee with a camp offence and proceed to hear such evidence as may be produced both against and on behalf of the internee.
(2) An internee charged with a camp offence may demand that evidence shall be taken on oath and in that event the same oath or affirmation as that required to be taken of witnesses before a court established under the Code of Criminal Procedure , 1898 , shall be administered to such witness .
7. Punishment for campcamp offences . If the Commandant is of opinion that the internee is guilty of the commission of a camp offence , he may award the internee any one or more of the following summary punishments , namely :-
( i) Detention for any period not exceeding twenty - eight days ;
( ii ) Confinement to quarters for any period not exceeding fourteen days during which period the offender may be required to answer his name at un - certain hours during the day ;
( iii ) Suspension of such privileges as the Commandant may order ;
(iv ) Forfeiture of such portion not exceeding 50 per cent of any allowance granted by Government for the internee's personal expenditure as the Commandant may order:
Provided that-
(a) an internee undergoing a summary punishment shall not be subjected to treatment less favourable than that prescribed , as regards punish- ment of the same kind , for persons of the like status subject to military law as soldiers ;
(b ) the privileges of writing and of receiving letters shall not be suspended in respect of an internee who is awarded a summary punishment of detention .
8. Execution of punishment for camp offences . ( 1 ) Subject to the provisions of sub - clauses ( 2 ) and ( 3 ) , a summary sentence of detention awarded by the Commandant shall be executed in such manner as the Central Government may from time to time direct .
(2) If an internee is awarded detention for a period of ten days or more , he shall not be committed to the detention barrack within three days of the termina- tion of any previous award of detention , and shall not again be committed to the detention barrack within three days of the termination of the said period of ten days or more .
( 3 ) A summary punishment of detention shall be awarded in hours up to a maximum of 168 hours , or in days , when the sentence exceeds that period . A period of detention in hours shall be deemed to begin at the time when the internee under sentence is received at the camp detention barrack on the day of the award, or , if for any reason has not been committed to the barrack on that day , on the day after the day of the award at the hour fixed for the commitment and release of persons under sentence of detention . A period of detention in days shall be deemed to begin on the day of the award .
9. Bar to appearance of pleaders in camp offence proceedings.- Notwithstanding anything contained in the Code of Criminal Procedure , 1898 , or any other law , no pleader as defined in the said Code shall be entitled to appear or act on behalf of an internee charged with a camp offence .
10. Saving of Internee's Right to Petition. An internee shall not be liable to be punished for submitting a petition or complaint with regard to the conditions of his Internment , even though such petition or complaint is found to be groundless .
11. Procedure in proceedings for Criminal Offences . ( 1 ) A complaint in respect of a non - cognisable criminal offence alleged to have been committed by an Internee may be made by the Commandant or by any person subordinate to him and autho- rised by him in this behalf .
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SEC. 3 ( 1 ) ]
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( 2) Notwithstanding anything contained in the Code of Criminal Procedure , 1898 , if an internee is accused of the commission of a criminal offence-
(a) the Commandant may , at his option , surrender the accused to police custody if the offence is cognisable offence or may , in any case , segre- gate or detain the accused in the internment camp pending the orders of the Court ;
( b ) the accused shall not be released on bail , nor remanded to custody otherwise than in the internment camp;
( c) where the accused has been remanded to custody In an internment camp , he shall be kept under confinement in the camp detention barracks or elsewhere , as the Commandant may direct :
Provided that the accused shall not , by virtue of such confinement , be subject to any other conditions which may be imposed on persons undergoing summary punishment ;
(d) the accused shall be tried within the limits of the internment camp;
( e ) the provisions of Articles 71 to 76 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12 , 1949 , shall be observed in judicial proceedings initiated against such class or classes of internees as may be designated from time to time by the Central Government as though in the said Articles references to a prisoner of war were references to an internee .
12. Convicted Internce's Right to Petition . Notwithstanding anything contained in the Prisons Act , 1894 , an internee who is convicted of a criminal offence shall not be liable to be punished for submitting a petition or complaint with regard to the conditions of his imprisonment even though such petition or complaint is found to be groundless .
13. Internees subject to one proceeding only for any one offence . An internee shall not be liable to be tried by a criminal court on any charge which has been dismissed or dealt with as a camp offence and shall not be liable to be charged with a camp offence for any offence of which he has been acquitted or convicted by a competent criminal court .
14. Escape . ( 1 ) An internee who escapes from an internment camp is recaptur- ed before he has been able to escape from India shall be deemed by such escape to have committed a camp offence only .
( 2 ) An internce who , having escaped from India , is again arrested and Interned shall not be liable to any punishment for his previous escape .
( 3 ) An internee who abets the escape , or attempt to escape , of another internee shall be deemed by such abetment to have committed a camp offence only.
[No. 1 /1 / 63 - Intt . ]
FATEH SINGH , Jt . Secy.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1963