REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY PART II- Section 1
PUBLISHED BY AUTHORITY
No. 21 ) NEW DELHI , MONDAY , AUGUST 26 , 1963 /BHADRA 4 , 1885
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 26th August , 1963/ Bhadra 4 , 1885 ( Saka )
The following Acts of Parliament received the ' assent of the President on the 24th August , 1963 and are hereby published for general information : -
THE INDIAN EMIGRATION ( AMENDMENT ) ACT , 1963
No. 23 OF 1963
[24th August , 1963 ]
An Act further to amend th Indian Emigration Act , 1962
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: ---
1. ( 1 ) This Act may be called the Indian Emigration (Amend- ment) Act , 1963 .
Short title and com- mence- (2 ) It shall come into force on such date as the Central Govern- ment. ment may , by notification in the Official Gazette , appoint .
7 of 1922.
references Addition of to airport .
2. Throughout the Indian Emigration Act , 1922 ( hereinafter re- ferred to as the principal Act ) , unless otherwise expressly stated, after the word " port " , except in the proviso to clause ( cc ) of sub- section ( 1 ) of section 2 , the words " or airport " shall be inserted .
3. In section 1 of the principal Act , in sub - section ( 1 ) , the word Amendment " Indian " shall be omitted . of section 1 .
4. In sub - section ( 1 ) of section 2 of the principal Act ,
Amendment of section 2 .
(i ) clause ( a) shall be re - lettered as clause ( aa ) and before the clause as so re - lettered , the following clause shall be inserted , namely:-
' ( a) " conveyance" includes a vessel , a country - craft and an aircraft ;' ;
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( ii ) in clause ( c ) , after the words " by sea " , the words " or by air" shall be inserted .
5. In section 4 of the principal Act , --
Amendment of section 4 .
( i ) in clause ( c ) , after the word " vessels " , the words " or arcraft " shall be inserted ;
( ii ) in clause ( d ) , after the word " voyage " , the words " or journey " shall be inserted;
( iii ) in clause ( f ) , after the words " by sea " , the words " or by air " shall be inserted .
Amendment of section 9 .
6. In section 9 of the principal Act , in sub - section ( 1 ) , for the words " such other ports " and " ports from which " , the words " such other ports and such airports " and " ports and airports from which " shall respectively be substituted .
Amendment of section 15.
7. In section 15 of the principal Act , after the words " such other ports" , the words " and airports " shall be inserted.
Amendment of section 16.
8. In section 16 of the principal Act , in sub -section ( 1 ) , in clause ( c ) , after the word " voyage " , the words " or journey " shall be inserted .
9. Section 22 of the principal Act shall be omitted .
Omission of section 22 .
10. In section 24 of the principal Act ,-
Amendment of section 24
(i ) in sub - section ( 2 ) , in clause ( l ) , after the words " emi- grant ship " , the words " or a journey on an aircraft " shall be inserted;
(ii ) after sub - section ( 2 ) , the following sub - section shall be inserted , namely : -
as " ( 3 ) Every rule made under this Act shall be laid soon as may be after it is made before each House of Parlia- ment while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if , before the expiry of the session in which it is so laid or the successive sessions aforesaid , both Houses agree in making any modification in the rule or hoth Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form or be of no effect , as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. " .
11. In section 25 of the principal Act,-
Amendment of section 25 .
( i) in sub - section ( 1 ) , for the words " with fine which may extend to fifty rupees . " , the words " with imprisonment for a term SEC . 1 ]
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which may extend to three months , or with fine which may extend to five hundred rupees , or with both. " shall be substituted;
( ii) in sub - section ( 2 ) ,-
(a) in clause ( c) , after the words " by sea " , the words " or by air " shall be inserted;
(b) for the words " with fine , which may extend to five hundred rupees . " , the following shall be substituted , namely:-
"with imprisonment which may extend to two years and with fine:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court , such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees.".
12. In section 26 of the principal Act , for the words " with imprison- Amendment ment for a term which may extend to one year , or with fine, or with of section 26 . both" , the following shall be substituted , namely : -
"with imprisonment for a term which may extend to three years and with fine :
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court , such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees . " .
13. In section 27 of the principal Act , for the words " with imprison- Amendment ment for a term which may extend to six months , or with fine , of section 27 . which may extend to five hundred rupees , or with both . " , the follow- ing shall be substituted , namely: ---
"with imprisonment for a term which may extend to three years and with fine :
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court , such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees . " .
14. After section 27 of the principal Act , the following sections shall be inserted , namely : -
Insertion of sections 27A , 27B and 27C . Punishment offences . for second or subsequent " 27A. In the event of a second or subsequent offence under any of the following provisions , namely , sub - section ( 1 ) or sub - section ( 2 ) of section 25 , section 26 , section 27 or sub- section (4) of section 30A , a person shall be punishable with imprisonment which may extend to four years and with fine :
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[PART II 286
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court , such imprisonment shall not be less than nine months and such fine shall not be less than one thousand rupees .
27B . In any case in which an offence has been committed against this Act , any conveyance used in the commission of such offence shall be liable to confiscation .
Confiscation of conveyance used for committing offence against Act .
Confiscation how ordered .
27C . ( 1 ) When the offender is convicted or when the person charged with an offence against this Act is discharged or acquit- ted, and the court decides that any conveyance is liable to con- fiscation , such confiscation may be ordered by the court .
(2 ) When an offence against this Act has been committed but the offender is not known or cannot be found and any convey- ance is used in the commission of such offence , or when any conveyance liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for , the case shall be enquired into and determined by such officer as may be authorised by the Central Government in this behalf , who may on seizure thereof , order such confiscation:
Provided that no such order of confiscation shall be made until the expiration of thirty days from the date of seizure of the conveyance intended to be confiscated or without hearing the persons , if any , claiming any right thereto and evidence , if any , which they produce in support of their claims ." .
15. In section 29 of the principal Act ,-
Amendment of section 29 .
(i) for the words " officers of sea - customs " , the words " officers of customs " shall be substituted ;
(ii ) after the word " vessels " , the words " or aircraft or any other conveyance " shall be inserted.
16. In section 30A of the principal Act ,-
Amendment ofsection 30A.
(i) in sub - section ( 1 ) , after the words " by sea" , the words " or by air " shall be inserted;
(ii ) in sub -section (4 ) , for the words , brackets and figures "sub -section ( 1 ) of section 25 " , the words , brackets and figures " sub - section ( 2 ) of section 25 " shall be substituted.
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287
17. In section 31 of the principal Act,---
Amendment of section 31 .
(i) for clause ( i) , the following clause shall be substituted, namely:-
" ( i ) any person who is not a citizen of India, or" ;
8 of 1911 .
45 of 1950 .
46 of 1950 .
( ii ) in clause ( ii ) , for the words and figures " the Indian Army Act , 1911 " , the words and figures " the Air Force Act , 1950 or the Army Act , 1950 or the Navy Act , 1957 " shall be substituted .
62of 1957 .
THE IRON ORE MINES LABOUR WELFARE CESS ( AMENDMENT) ACT , 1963
No. 24 OF 1963
[24th August , 1963 ]
An Act to amend the Iron Ore Mines Labour Welfare Cess Act, 1961
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows : -
1. This Act may be called the Iron Ore Mines Labour Welfare Short title . Cess (Amendment ) Act , 1963 .
2. In section 1 of the Iron Ore Mines Labour Welfare Cess Act , Amendment 1961 , for sub - section ( 3 ) , the following sub - section shall be substi- of section 1.
58 of 1961.
tuted , namely : -
" ( 3) It shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint , and different dates may be appointed for different States . " .
R. C. S. SARKAR ,
Secy. to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISIINID BY THE MANAGER OF PUBLICATIONS , DELHI , 1963