The Weekly Holidays Act, 1942. XIX. The Industrial Statistics Act 1942. n. The
Motor- Vehicles (Anleridm6nt) Act, 1942. 'XXI. The Indian Companies (Second ...
Short titles, of Acts passed 'by h e Central Legislature in the year 1942,
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I. The Worklneu's Campensation (Amendment) Act, 1942 11. The Indian Merchant Shipping (Amendment)'Act, 1942. 111. The Indus Vessels (Amendment) Act, 1942. IV. The Indian Medical Council ( h ~ e n d m e f i tAct, ) 1942. V. The Indian Boilers (Amendment) Act, 1942. VI. The Mdti-~mitCo-operative Societies Act, 1942. VII. The Coffee Marlret Expansion Act, 1942. VIII. Tlle Indian Penal Code (Amendment) Act, 1942. IX. The Cotton Giilning and Prcssing (Amendment) Act, 194'2. X. Tho Indian Patents and Designs (Extension of Time) Aci, 1942. XI. The Protective Dutles Conti~uationAct, 1942. XII. The Indian Finance Act, 1942. XIII. The Agrigdtural Produce (Grading and Narlring) Ameildnzent Act, 1942, XIB. The Indian Tolls (Army) Anlendment Act, 1942. XV. The Cantonmelzts~(Amendment)Aqt, 194'2. XVI. The,Indian Limitation (Amendnzent) Act, 1942. L , TVII. The Indian CompaniesD(Amendment) Act, 1942. XVIII. The Weekly Holidays Act, 1942. XIX. The Industrial Statistics Act 1942. The Motor- Vehicles (Anleridm6nt) Act, 1942. 'XXI. The Indian Companies (Second Amendment) Act, 1942. XXII... The Indian Rubber Control (Temporary Affiendment ) Act, 1942. 'XXIII. The Code of Civil Proceduke (Amendment) Act, 1942. XXIV. The Code of Civil Procedure (Second Amendment) Act, 1942. , XXV. The Repealing ancl Anlending Act, 1942. , XFVI. The Federal Court (Supplemental Powers) Act, 1942. I -
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Short titles of Ordinances made by the Governor ~eneralduring the year 1942. , @
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I. The War Illjuries (~bllendment)Ordinance, 1942. 11. Tho Special Criminal Courts Oydinance, 1942. IIT;. The P e d t i e s (Enhancenzent) Ordinance, 1942. 1%. The Indian Coinago (Amendment) Ordinance, 1942. V. The MGtor Vehicles (Drivers) Ordinance, 1942. , SI. .The Natioilal Service (Technical Personnel) Amend~nentOrdinance, 1942. ' VII. The Penalties (Enhancembnt) Amendment Orainance, 1942. C VIII. The Cotton Fund Ordinance, 1942. IX. The Reserve Band of India (Temporaiy Arnendmcmt) Ordinance, 1942. X. Tlle Civil Piolioer Force Ordinance, 1942. XI. The Police4(Resig1~atior1. of Office)Ordinance, 1942. XII. The War Risks (Factories) Insurance Ordinance, I !)42. XIII. Tho Women's Auxiliary Corps Ordinance, 1942. XIV. The AVar R>isk$(Goods) Insuranbo (Amendnlent) Ordinance, 1942. XV. The Prison& (Amendment) OrdinAnce: 1942. XVI. The Registration of loreignere Act (Extanding) Oldinance, 1942. XVII. The United Provinces Special Armed Constabulary Act (Exionsion) Ordinance, 1942. XVIII. The Indian Army (An~endrnent)Ordinance, 1942. XIX. The Whr Risks (Goods) Insurance (Second ~n4endnlontjOrdinance, 1942. XX. Tho Collectiire Fines Ordinance, 1942. , , SXJ., The Railway Air Raid Precautions Sen-vicos Ordinance, 1942,
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X.XJT. The DsputytConlmal~dep.-in-Ch$f (Powep) ~rctinmce:1042. The Defence of India (Arriend'ment)OrdWmc6, f 942.
XXXII. XXIV. XXV. XXVI. XXVII. XXVIIT,. XX1;X. XXX. XXXI. XXXII. XXXIIT. XXXIV. XXXV.
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Tho Special,Oriminal Court%(Amencl~ei~t) Ordinance, 1042. The Coal Mines Safety (Stowing)Amendment Ordinance, 1942. The Essential Services (Maintenance)Amondment Ordinahce, 1942. The ,Auxiliary Force (Amondmenk)Ordin@nce,1942, 1 1 Tho Burma Notes Ordinance, 1942. The Penalties (Enhancement) Second Aniepdrhent Ordinance, 1042. The Hellenic Naval'Court Ordinance, 1942. The Indian Army Act (Application) Ordinance, 4942. The War Risks (Factories) Insurance (Amendment) Ordinance, 19,42. The Civil Services (Conditions of eervice) Ordinance, 1942. The Hellenic Naval Court (Extension) Ordinance, 1942. The Crown Representative's Coinm$sion of Enquiry (Summonses)0rdLance 1942. - 4 XXXVI. The War Risks (Goods)Insurance (Third Amendment) Ordinan~e~l942. XXXVII. The Women's Auxiliary Corps (Amendment) Ordinance, 1942. XFXVIII. The Essential Services (Maintenance)Second Amendment Ordinance 1942. XXXIX: The War Injuries (SBcond Amendmsnt) Ordinance, 1942. XL. The War Risks (Factories) Insuranco (Second Amendment) Ordinance, 1942. XLI. The A w e d Forces (Special Powers) Ordinance, 1942. , ' XLII. he 'special Criminal Courts (Second Ampndment) Ordinance, 1942. , 1 XLIII. he' Collective Fines (Amendmsnt)'Ordinance, 1942. , r XLIV. ThO Reserve Bank of India (Rangoon Register) Ordinance, 1942. XLV. The Railways (Hours of Employme~~t) Ordinance, 1942. XLVI. The Penalties (Enhancement) Third Amzndment Ordinance, 1942. , ' XLVII. The IndianlTea Control (Amendment) Ordinance, 1942. XLVIII. The Defence of India (Second Amendment) Ordinallee, 1942. , XLIX. The Collective Fines (Second Amendment) Ordinancg, 1942. L. The Indian Navy (Discipline)Aniandment Ordindnce, 1942. LI. The National Service (Technical Personnel) Second Amendrdent Ordinanoe, 1942. I M I . The Indian P r e ~ s(Emergency Powel?) Amandnient Ordinance, 1942. . LIII. The Railways (Employment'of Military Personnel) Ordinance, 1942. 1,IV. The Registration of Transferred Companies Ordinance, 1942. LV. The Womsn's AuxiJiary Corps (S6cond Amendment) Ordinance, 1942. b LVL. ThepAlliedForces Ordinance, 1942. ' LVII. The Allied,Forces (United States of Aperica) Orclinance, 1942. LVIII. The Army and Air Force (Enrolment) Ordinance, 1942. LIX. The Legal Tender (Inscribed Notes) Ordinancb. 1942. LX. The'Income-Tax and Excess Profits Tax (Emcrgenck) Ordinance, 1942. .. LXI. The Special Criminal Court$ (Third Amendment) Ordinance, 1942. ' LSII. The Indian Legislature (Prevention of Disqualification)Ordinance', 1942. LXIII. The Collective Fines (Third Amendment) Okdinance, ,1942. LXIV. The Indian Soldiers (Litigation) Amendment Ordinance, 1942. LXV. The Civil Pioneer Force (Amendment) Ordinance, 1942. LXVI. The ~ r m e d Forces (Specjal Powers) Extension Ordinance, 1942. t 1 LXVII The Bengal and North Western and Rohilkhund and Kumaon Railw'ay Companies (Transfprred Liabilities) Ordinance, 1942. LXTTIII. The Cornmissioner of Ajmer-Merwara ((Jonstructionof References)Ordinance, 1942. \
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8. (1)The Central Government shall appoint ancontrollerand officer, to be called the Controller of Coffee, to exercise ~ I " , ~ such powers and perform such duties under the direc- coffee. tion of the Board as may be prescribed by the Contra1 Qovernment.
(2) The Central Government may appoint an officer, t o be called the Deputy Controller of Coffee, to exercise such powers and perform such duties of the Controller ~f Coffec as may be delegated to him by the Control!er of Coffee with the previous sanction of the Central Qovernment or as may be prescribed by the Central Qovernment.
(3) 'I'he, Controller of Coffee and the Deputy Controller of Coffee may be either salaried or unsalaried : if salaried, they shall be paid by the Board such salaries as may bc fixed by the Centrai Government. (4) The Board shall pay to the Controller of Coffee .and the Deputy Controller of Coffee such allowances as m a y be fixed by the Central Government.
9. The
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Coffeeh!la~k@lExpansion. Power of Board to make byelaws.
[AOT VIE
9. The Board may, with the previous sanction of the Central Government, make bye-laws consistent with this Act and the rules made thereunder to. provide for all or any of the following matters,. 11amaly .-(a)the procedure to be followed a t meetings of theBoard and a t committees ; ( b ) the powers exercisable and the dut,ies to be discharged by the chai~manof the Board and the members of the staff of the Board ; (c)the travelling or other allowances which may be drawn by members of the Roard ; (d) the appointment, promotion and dismissal of members of the staff of the Board, the creation and abolition of such appointments, and the terms of service of members of the staff ~f the Board ; ( e ) any other inatter in respect of which bye-laws may be made under this Act or the rules made thereunder.
Disclolution of the Board.
10. When the Board is dissolved by reason of this Act having ceased to be in force, the unexpended balance of all money received by the Board under the CoffeeMarket Expansion Ordinance, 1940, or under this XIII Act except money in the pool fund shall be disposed of in such manner as the Central Government may direct. The Central Government' shall disburse the money in the pool fund in the same manner as the Board would have done had i t continued to exist.
of 1941r.
Duties of Customs and of Excise. ~ u t of y
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customs.
D~~~of
11. A duty of customs shall be levied on all coffee produced in India and exported from British India a t the rate of one rupee per hundredweight or a t such lower rate as the Central Government may, on the. recommendation of the Board, by notification in theofficial Gazette provide.
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12. A duty of excise shall be levied a t such rate not
exceeding one rupee per hundredweight as may be fixed. by the Central Government on the recommendation of the Board by notification in the official Gazette on all coffee, except coffee sold and delivered before the estate became subject to the provisions of sub-section (1)of section 14, which a registered estate is permitted by the internal sale quota allotted to it to sell in the Indian market, whether such coffee is actually sold or not, and on all coffee released for sale in Indin by the Board from the surplus pool. 13. ( 1 ) Ths-
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13. (1) f i e proceds of the duty of customs levied Yayment of of under section 11 and of the duty of excise levied under proceeds duties to the section 12 shall be paid to the Board. for credit t o the manner Board and of realisation by general fund of the Board. the Board. (2) On the last day of each month, or as soon thereafter as may be convenient, the Collector shall pay to the Board the proceeds of the duty of customs recovered during that month after deduction of the expenses, if any, for aollection and recovery. (3) The Central Board of Revenue may make rules providing, on such conditions as may be specified in the rules, for(a) the refund of the duty of customs where coffee is exported by land and subsequently imported into India, and ( b ) the export by land, without payment of the duty of customs, of coffee which is subsequently to be imported intb India.
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(4) The duty of excise on coffee shall be payable by the registered owner of the estate producing the coffee and shall be realised by the Board by the deduction of the amount of the duty payable by such owner from any sum due to him on account of sales from the surplus pool. It shall be a f i s t charge on such sum, and shall, if not capable of realisation by deduction as aforesaid, be paid to the Board by the registered owner within one month of demand by the Board or thereafter be recoverable from him as an arrear of land-revenue. (5) The Board shall have power toadjudge by bulk the number of hundredweights contained in any quantity of uncurcd coffec. ( 6 ) No action of the Board under this section shall be called.in question by any Court.
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14. (1) Every person owning land planted with Registration coffee plants aggregating not less than ten acres, whether owners coffee estate€ of such land is comprised in one estate or in more than one estate and whether it is situated wholly or only partly in British India, shall, unless it is already registered as required by this sub-section, before the expiration of one month from the date on which he &st becomes subject to the provisions of this sub-section, apply to the registering officer appointed in this behalf by the Provincial Government to be registered as an owner and in'respect of each estate owned by him. (2) The 7
Coffee M a ~ k e tExpansion.
[ACT VIE
( 2 ) The Central Government may, by notification in the official Gazette, declare that the provisions of sub-section ( 1 )shall'apply t o persons owning land planted with coffee plants aggregating less than ten acres.
(3) A registration once made shall continue in force until it is cancelled by the registering officer. (4) If any question arises whether an owner of a n estate is or is not required t o be registered under this sectibn, the question shall be decided by the Controller of Coffee, subject t o revision by the Central Government. powerofPro15. ( 1 ) The Provincial Government may, by notivfncial Goverument to make fication in the official Gazette, make rules t o carry into rules. effect the provisions of section 14.
( 2 ) Without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars t o be included in such applications, the procedure t o be followed in granting and cancelling registration, the registers t o be kept by registering officers, and the supply by registering officers of information t o the Board. Control of Sale, Export and Re-import of Goflee. Maximum prices for saleof coffee wholesale.
sale of coffee In excess of lnternalsale quota.
16. (1)The Central Government may, after consultation with the Board, by notification in the official Gazette fix the maximum price or prices a t which coffee .be sold wholesale in the Indian market. may ( 2 ) No registered owner or licensed curer shall sell coffee wholesale in the Indian market a t ct price exceeding the maximum fked under this section.
17. No registered owner shall, before the estate became subject to the provisions of sub-section ( 1 ) of section 14, sell or contract t o sell in the Indian market coffee from any registered estate if by such sale the internal sale quota allotted t o t h a t estate is exceeded : Provided t h a t nothing in this section shall apply t o coffee sold from a registered estate in excess of the internal sale quota if such sale was in pursuance of a contract of sale entered into before the estate became subject t o the provisions of sub-section ( 1 ) of section 14 and if after the estate became so subject no coffee has been sold from that estate in the Indian market except in pursuance of a contract of sale entered into before the estate became subject t o the provisions of sub-section ( I ) of section 14.
18. No registered owner shall sell coffee unless sale or coffee, how made. either(a) it has been cured a t or is delivered to the buyer through a curing establishment licensed under seotion 28, or (b) it is sold under and in accordance with the provisions of a licence procured from the Board under section 24. 19. No owner of an estate not registered under this storage or Act, shall sell from or store on his estate or cause or permit to be sold from or stored on his estate any unregistered estate. coffee not grown on the estate. 20. No coffee shall be exported from British India E x p o r t ~ ~ otherwise than by the Board or under an authorisation granted by the Board in the prescribed manner and in the prescribed cases, and the provisions of the Sea Customs Act, 1878, shall have effect ae if the provision made by this section had been made by notification issued under section 19 of that Act :
so&dz,o',,","p
Provided that nothing herein contained shall apply to coffee dispatched out of British India by post, or carried in a passenger's luggage for his personal use : Provided further that the Central Government, may exempt from the operation of this section, either absolutely or subject to conditions, the export of coffee from British India to an Indian State or to any foreign settlement bounded by India.
21. (1)No coffee which has been exported from ~e-imp or to^ India shall be re-imported into British India except f",",$IsP~tea under and in accordance with a permit granted by the Board. ( 2 ) The Board may in any fit case grant such a permit and no charge shall be made therefor. 122. (1)The Board shall, as soon as may be, allot ~nternalsale to each registered estate an internal sale quota f o the ~ quotayear. (2) The internal sale quota shall be a fixed percentage, common to all registered estates, of the probable total production of the estate in the year as estimated by the Board.
(3) The Board may at any time vary the internal sale quota by varying the fixed percentage common to all registered estates, or may express the whole or any part of the internal sale quota of an estate in terms of bulk instead of in terms of weight. 23. (1)A registered owner shall furnish to the Board ~ " , ~ e ~ J a t the prescribed times and in the prescribed manner tered owners. such returns as may be prescribed. (2) If 3
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Coffee Market Expansion.
[ACT VE
(2) If any registered owner fails to furnish the returnsrkquired under sub-section ( I ) in respect of any estate, the Board may refuse to allot an internal sale quota tothat estate, or, where an internal sale quota has alreadybeen allotted, may cancel it. (3) The Board may authorise an officer to visit any estate at any time to verify the accuracy of any return. made under this section or to ascertain t4e productive capacity of the estate. Licences for 24. The registered owner of any estate may, subject. eale of uncured to the prescribed conditions and so long as the internap coffee. sale quota allotted to that estate will not be exceeded by the p~oposedsale, obtain from the Board a licence for the sale from that estate of uncured coffee. surplus coffee 25. ( 1 ) All coffee produced by a registered estate in, aurplus excess of the amount specified in the internal sale quota pool. allotted to that estate shall be delivered to the Board forinclusion in the surplus pool by the owner of the estate or by the curing establishment receiving the coffee from the estate. ( 2 ) Delivery shall be made to the Board in such places. and in such manner as the Board may direct, and such directions may provide for partial delivery to t h e surplus pool a t any t h e whether or not at that time the internal sale quota has been exceeded ; and the coffee. delivered shall be such as to represent fairly in kind and quakity the produce of the estate. The Board may reject. any consignment offered for delivery which does not satisfy this requirement, but shall not reject any consignment merely for a defect in curing. (3) Coffee delivered for inclusion in the surplus pool shall upon delivery to the Board remain under the conQol of the Board which shall be responsiblb for storage, curing where necessary, and ma~ketingof the coffee.
(4) The Board shall, with the concurrence of the Controller of Coffee, prepare a differential scale for the valuation of coffee, and shall in accordance with that scale classify the coffee in each consignment delivered for inclusion in the sufplus pool according to its kind and quality, and shall make an assessment of its value based ,on its quantity, kind and quality. (5) The Board may, with the consent of a registered' owner, before an internal sale quota has been allotted to an estate, treat as having been delivered for inclusian in the surplus pool any coffee from such estate which the registered owner may agree to have so treated.
( 6 ) When coffee has been delivered or is treated as having been delivered for inclusion in the surplus. pool, thg registered owner whose coffee has been so delivered 10
OF
1942.1
Coff,ee Market Expansion.
delivered or is treated as having been so delivered shall retain no rights in respect of such coffee except his right to receive the payments referred to in section 34.
26. (I) The Board shall take all practical measures salea of coffee to market the coffee ii~cludedin the surplus pool, and theBoard. all sales thereof shall be conducted by or through the Board.
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Curing of Coffee.
27. No registered owner shall cause or allow coffee Coffce cured in to be to be cured elsewhere than in a licensed curing establish- licenaed curing ment, whether the curing establishment is maintained estab"8hmen". by himself-or by another person.
28. Every establishment for curing coffeeshall obtain from the Board a licence t o operate a s such.
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(2) The Board may purchase for inclusion in the surplus pool coffee not delivered for inclusion in it.
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Lfcendn of curing lishmente. e8ab-
Ef,";;,$2
29. (1) A registered owner when sending coffee to a t@ . curing establishment shall report to the Board, to the Board separately for each estate from which coffee is sent, $ i ~ ~ l l , ~ , " ~ ~ ~ the amount of coffee sent ; and the curing establishment shall, in accordance with such instructions as may be issued by the Board and having regard t o the internal sale quota of the estate, apportion each such consignment into two parts, one part consisting of coffee intended for internal sale and one part of coffee intended to be delivered for inclusion in the surplus pool and shall report to the Board the amount r?f coffee in each such part.
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(2) A registered owner curing coffee in a curing establishment maintained by himself shall supply t o the Board the information specified in sub-section (I). (3) A curing establishment which buys or receives uncured coffee from any person shall ascertain the estate on which the coffee was produced and shall report t o t h e Board the quantity of coffee so obtained and the estate or estates from which i t came. (4) Every curing establishment shall maintain accounts in such forms as may be required by the Board and such accounts shall be open to inspection a t any time by the Board or by an officer authorised in this behalf by the Board.
Finance.
30. The Board shall maintain two separate funds, F ; v p z a p a e a general fund and a pool fund. tained by the Board. 31. (1) To 11
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Coffeo A4a~ketExpansion. General fund.
Pool fund.
[ACT VII
31. (1) To the general fund shall be credited all proceeds of the duty of customs and the duty of excise levied under section 11 and section 12, respbctively, and all receipts including receipts for licences issued by the Board, other than those to be credited under section 32 to the pool fund. ( 2 ) The general fund shall be applied to meet the expenses of the Board, the cost of such measures as i t may consider advisable to undertake for _promoting the sale and increasing the consumption in India and elsewhere of coffee produced in India, or for promoting agricultural and technological research in the interest of the coffee industry in India.
32. (1) To the pool fund shall be credited all sums .realised by sales by the Board of coffee from the surplus pool. ( 2 ) Subject to the provisions of sub-section (4) of section 13, the pool fund shall be applied only to( a ) the mabing to registered owners of estates' of payments proportionate to the value of the coffee delivered by them for inclusion in the surplus pool ; (b) the costs of storing, curing and marketing coffee deposited in and of administering t,he surplus pool ; ( c ) the purchase of coffee not delivered for inclusion in the surplus pool.
33. The Board may, subject to any prescribed conditions, borrow on the security of the general fund or the pool fund for any purposes for which it is authorised to expend money from such fund, or on the security of the coffee delivered or treated as delivered for inclusion in the surplus pool for any purposes for which it is authorised to expend money from the pool fund. Payments to segiatered awnera.
34. (1) The Board shall a t such times as i t thinks fit make t o registered owners who have delivered coffee far inclusion in the surplus pool such payments out of the pool fund as it may think proper. ( 2 ) The sum of all payments made under subsection (1)to any one registered owner shall bear to the sum of the payments made to all registered owners the same proportion as the value of the coffee delivered by him out of the year's crop to the surplus pool bears to the value of all coffee delivered to the surplus pool out of that year's crop. Penalties and Procedure.
Failure to wegistcr.
35. Any owner of a coffee estate who fails to apply for registration in accordance with section 14 shall be punishable 12
OF
1942.1
C0ff.ee lia.~lcet E x p a n s i o n .
punishable with fine which may extend to one thousand rupees and to a further fine which may extend to five hundred rupees for each month after the first during which such failure continues. 38. ( 1 ) Any registered owner who contravenes contraventtons of secthe provisions of sub-section (2) of section 16, or section tions l o 17, 17 or section 18, any licensed curer who contravenes l8 and the provisions of sub-section (2) of section 16, and any person who contravenes the provisions of section 19 shall be punishable with fine which may extend to one thousand rupees. (2) When a registered owner is coi~victedunder this section, the Board may thereafter deduct from any payment to be made under section 34 to such registered owner a sum equal to the value as estimated by the Board of any coffee unlawfully sold by him.
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37. If any curing establishment operates as such Unlicensed estab-without a licence, the owner shall be punishable with curing lishment. fine which may extend to five hundred rupees. 0
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38. Any person who makes ill any return to False returns,. furnished under section 23 or in any report to be made under section 29 any statement which is false and which he knows to be false or does not believe to be true shall be punishable with fine which inay extend to one thousand rupees.
39. Whoever obstructs any member or officer of tile Obatructlon.. Board or any person authorised by the Board or by the Central Government in the discharge of any duty imposed on or entrusted to him under this Act, or who having control over or custody of any records fails to produce such records when required to do so or refuses information lawfully asked for by- a member or officer of the Board or by a person authorised by the Board pr by the Central Government to inspect such records or agk for such information shall be punishable with fine which may extend to one thousand rupees. 40. ( 1 ) NOCourt other than the Court of a Magistrate Cognizance oti of the &st class shall take cognizance of any offence Offences. punishable under this Act. (2) NO Court shall take cognizance of a n offence punishable under section 35 except on complaint made by an officer authorised in this behalf by the Provincial Government or of an offence punishable under any other section except on complaint made with the previous sanction of the Central Government by an officer authorised in this behalf by the Board. General.
41. The Board shall have power to determine, after
Power of
to such inquiry as it thinlcs fit, the amount of coffee which dBoard eterminehas, 13
Coffee M a ~ k e tE3-,l)~msion.
ACT
VII
zfP,T,"o$ by
has, up to the time when it first becomes subject to the provisions of sub-section ( 2 ) of section 14, been sold, or been sold and delivered in the pear by any registered estate, and the amount so determined shall be conclusive for the purposes of section 12 and section 17. ,control by the 42. (I) All acts of the Board hall be subject to the -Central Govcontrol of the Central Government which may cancel, ernment. suspend or modify as it thinks fit any action taken by the Board. (2) The records of the Board shall be open to inspection a t all reasonable times by any officer authorised in this behalf by the Central Government. Appeals to the] 43. (1) Any person aggrieved by an order of the .Central GovBoard refusing a licence to or cancelling the licence of a ernment. curing establishment may, within sixty days of the making of the order, appeal to the Central Government. an estate.
( 2 ) Any person making an appeal under this section uhall pay a fee of five rupees which shall be credited to Central Revenues. cInapectionof .records.
44. Any member of the Board, and any officer of the Board or other person authorised in this behalf by the Central Government or the Board, may enter any estate or any curing establishment and may require the production for his inspection of any records kept therein, or ask for any information relating to the production, storage or sale of coffee by the estate.
-ACCOUU~S of
45. ( 1 ) The Board shall keep accounts in such manner as may be prescribed of all money received and expended by it. (2) The accounts shall be kept separately for the general fund and the pool fund. (3) The Board shall cause the'accounts to be audited annually by auditors appointed by the Central Government, and the auditors shall have power to disallow any item of expenditure which has, in their opinion, been incurred otherwise than in accordance with this Act. (4) The Central Government may on the application of the Board allow any item of expenditure disallowed by the auditors under sub-section (3).
Iaspcction of
46. Any registered owner to whom an internal sale quota is allotted may, subject to the prescribed conditions, inspect the records maintained by the Board and may on payment of the prescribed fee obtain copies of any proceedings or orders of the Board.
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obtaining of .oopi€a.
.contraots.
47. All contracts for the sale of coffee in so far as they are a t variance with the provisions of this Act shall be void : Provided 14
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ZIII
,
1942.1
Coffee Alurlcet Expnnsio~z.
Provided that nothing contained in this section shall apply to contracts to which under section 47 of the orlgao. Coffee Market Expansion Ordinance, 1940, that Ordinance did not apply.
48. (1)The Central Government may, by notification Power of the Qovin the official Gazette, make rules to carry out the Central ernment to make mles. purposes of this Act. (2) Without prejudice to the generality of the foregoing power rules may be made providing for all or any of the following matters, namely :( a ) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed, and the filling of casual vacancies in the Board ; ( b ) the conduct of business by the Board and the number of members which shall form a quorum a t a meeting ; (c) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to thc Centra.! Government : (d) the preparation by the Board of estimates of annual receipts and expenditure ; (a) the manner in which the internal sale quota of coffee estates shall be determined ; (f)the manner in which'the Board shall exercise its powers of buying and selling coffee in the Indian market ; (g) the appointment by the Board of agents ; (h,) the conditions to be fulfilled by a curing establishment before B licence to operate as such can be issued ; (i) the form of and the particulars to be contained in any returns or reports to be made to the Board under this Act : (j)the form of, manner of application for, fees payable for, procedure in granting and conditions governing the licences and permits to be issued by the Board ; ( k ) any other matter except the matters referred t o in section 15 -which is to be or may be prescribed under this Act.
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srvof
49. ( 1 ) So long as this Act: remains in force the A ~ ~t oXbeI V O Indian Coffee Ccss Act, 1935, shall be deemed to be d1936 eemed to be repealed, without prejudice however to the continuing validity of any action taken by the Indian Coffee Cess Committee which is not inconsistent with the provisions of this Act. (2) All 15
~
Gofiee Ma~7cclt Expansion.
[ACT VII OF
1942.1
(2) All rules made by the Central Board of Revenue under section 9 of the Indian Coffee Cess Act, 1935, shall, until roplaood by rules made under sub-section (3) of section 13 of this Act, continue to have effect in respect of the duty of customs imposed by section 11 of this Act as they had effect in respect of the coffee cess imposed by that Act. Repeals and savings.
XI^ of 1935..
50. (1)The Coffee Market Expansion Ordinance, 1940, the Coffee Market Expansion (Amendment) XIII 01 1940.. Ordinance, 1941, the Coffee Market Expansion (Second I of 1941. Amendment) Ordinance, 1941, and the Coffee Market VIIIOf1941. Expansion (Third Amendment) Ordinance, 1941, are X I I I O P I O ~ ~ . hereby repealed. (2) Without prejudice to the provisions of section 24 of the General Clauses Act, 1897,- . x of 1897.
(a) any trial or proceeding under the Coffee Markct Expansion Ordinance, 1940, pending a t the time of the repeal of that Ordinance may be continued and completed as if such trial or proceeding were a trial or proceeding under this Act ; ( b ) all registrations made, all licences issued and all other things done under the said Ordinance shall be deemed to have been made, issued or done under this Act.
XI11 of 194@-
ACT NO.VIIl [PASSED BY
\
THE
OF 1942.
INDIAN LEGISLATURE.]
(Received the assent of the Governor Genera.1 on the 14th Narch, 1942.)
An Act further to amend the Indian Penal Code. XLV or 1860.
XLV of 1860.
W
HEREAS i t is expedient further to amend the Indian Penal Code for the purpose hereinafter appearing ; It is hereby enacted as follows :1. This Act may be called the Indian Penal Code (Amendment) Act, 1942.
2. I n Chapter I1 of the Indian Penal Code, after section 52 the following section shall be inserted, namely :' 52A. Except in section iS7, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word " harbour " includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, t o evade apprehension.' 3. Section 216 of the Indian Penal Code shall be omitted. A
xLV
~ ~ " In, ' ~ A~ lOo o~ n f b2*
XI,V of 1860.
~s~srbourw.
A
(fIPD 431-1388LD-4-6-42-3,000
Price anlza 1
,
Short title.
07
lid.
~
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~ o XtL V of 1800.
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g
ACT No. IX OF 1942. (Received the assent of the Urnernor General on the 14th March, 1942;)
An Act further to amend the Cotton Ginning and Pressing Factories Act, 1925. . -
W
XI1 of 1026 ;
of 1926.. ;
HEREAS it is expedient further to amend the
Cotton Ginning and Pressing Faotories Act, 1926, for the purpose hereinafter appearing ; It is hereby enacted as follows :1. This Act may be called the Cotton Ginning and Shorttltle. Pressing Factories (Amendment) Act, 1942. 2. After section 5 of the cotton Ginning and Press- Insertion of ing Factories Act, 1925 (hereinafter referred to as the in new section b A Act XI1 of said Act), the following section shall.'be inserted, 1026. name1y :" 68. (1) This section shall be in force in Chief aetorns from Commissioners' Provinces only ; but the Ootton factories. "'nning Provincial Government of any other Province may, by notification in the official Gazette, bring this section into force in the . Province. (2) The owner of every cotton ginning factory shall submit to the prescribed authority, within such time and in such form as may be prescribed, weekly returns showing the quantity of cotton ginned in the factory during t h e - preceding week and from the commencement of the season to the end of that week. (3) The Provincial Government shall compile from the weekly returns so submitted, and shall publish in such manner as it thinks fit, a statement showing the total quantity of cotton ginned in the Province during the week and from the commencement of the . season t o the end of the week, to which the returns relate : Provided that the quantity of cotton ginned in any individual factory shall not be published. (4) If 1 Price a m a 1 or l i d .
.
,
"
-
.
.
'
Cotton Gi.nlzi~.~g a r ~ dP ~ e s s i n g E'nctories ( A m ' e n d m e n t ) .
[ACT
rx
OF
1942.1
( 4 , 1f default is made in submitting any return as
required by sub-section ( 2 ) , the owner of the factory shall be punished with fine which may extend to fifty rupees. (5) The provisions of sub-section (4) of section 5 apply to cotton ginning factories and the returns referred to in sub-section ( 2 ) of this section as they apply to cottoii pressing factories and the returns referred to in subsection (I) of section 5,. and " season " in this section means the season as notified for the purposes of section 5." . . ~mendmentof 3. I n sub-section ( I ) of section, 7 of the said Act; after the figure " 5 " the figure and letter " , 5A" shall be inserted. Amendment of 4. I n clause ( b ) of section 13 of the said Act, for the $gz!&etword and figure " section 5 " the words, 6gures and letter " sections 5 and 5A " shall be substituted.
%%iz!&t
.
a 6;1~~-~1--1389LJ)-4-5-42-.3,OOo
.
-
ACT No. X [PASSEDBY
THE
OF
1942.
INDIAN -LEGISLATURB.]
f
(Receiljed the assent of the Governor Qeneral on the 14th ,. March, 1942.) ,
.
.
,An Act to pro.vide for the extension of the time limited by om under the Indian Patents and Designs Act, 1911, for the doing of acts thereunder. { REAS it is expedient to provide for the extension of the time limited by or under the Indian Patenb and Designs Act, 1911, for the doing of acts thereunder ; It is hereby enacted as follows :1. (1) This ~ c may t be called the Indian Patenta and Designs (Extension of Time) Act, 1942. duration. (2) Itextends to the whole of Britiah India. (3) It-shall be@ foroe_until the termination of the present hostilities an?i for one year thereafter. 2. (I) The Controller of Patents and Designs ap- P O W W ~ ~ p~intedunder the Indian Patents and Designs Aot, 1911, may, subject to such conditions, if any, as he thinks fit ;,"E;$~Z~; to impose, extend the time Limited by or under that Act for doing any act, where he is satisfied(a) t h a t the doing of the act within the time so limited was prevented by a person's being on active service or by any other circumstances arising from the existence of the present hostilities which, in the opinion of the Controller, justify an extension of the time so limited, or (b) that, by reason of ciroum~tanaeearbing from the existence of the present hostilities, the doing of the act witihin the time so Limited wouM have been or would be injjuriou~to the rights or interests of the person by or on whose behalf the act iEl or was to be done or to the public interat. $,+,,(2) An extendon under this motion of the time for doing any a c t p
WH"
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folS1l.
.
.
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( a ) may be for any period that,thei&ntroller thinks fit, notwithstanding that under the 1ndian 1 .. Price anna '1 or I@. ,
'
.
.
.
.
1 1I
.
.
lndian Patents and Designs
[AOT
NO.x
OF
1942.1
(Extension of Time). Indian Patents and Designs Act, 1911, IIof 1911. power is conferred to extend the time for doipg that act for a specxed period only ;
&a
.
(b) may be granted, notwithstanding that that time expirq before any application or reqt&t+'R&f e-&ension was made, or that, by reapon of that act n ~ having t been done within that t b , the relevant application, patent, registration or proceeding has ceased or expired, -or bioome void or invalid, or been treated as abandoned, or been refused.
ACT No. XI OF 1942. [PASSED BY
THE
INDIAN LEGISLATURB.]
(Received the assent of the Governor General on the 14th March, 1942.)
An Act to extend the date up to which certain duties characterised as protective in the First Schedule to the Indian Tariff Act, 1934,shall have effect. HEREAS it i~ expedient to extend the date up
B
xxxI1 of 1934.
xxxrr 1934.
of
XIII of 1932.
*-
,
W
t o which certain duties characterised as protective in the First Schedule to the Indian Tariff Act, 1934, shall have effect ; It is hereby enacted as follows :1. This Act may be called the Protective Duties s h ~ r t t l t ~ o . Continuation Act, 1942. a. I n the First Schedule to the Indian Tariff Act Amendmenb of First 1934, in Items Nos. 10 (l), 11 (I), 17, 43, 44, 44 (1): 46, 46 (I), 47, 47 (I), 47 (6), 48, 48 (I), 48,(3), 48 (4), 1 ~ 3 ~ . 48 (5), 48 (7), 48 (9), 48 (lo), 49 (5), 51 (2), 51 (3) 61 (5), 63 (2); 63 (3), 63 (6), 63 (9), 63 (lo), 63 (12), 63 (15), 63 (17), 63 (19), 63 (ZO), 63 (Zl), 63 (25), 63 (27) and 74, for the entry or entries in the seventh column " March 31st, 1942 " the entry or entries " March, 3lst, 1944 " shall be substituted. 3. I n section 3 of the Sugar Industry (Protection) ~ . ; ~ " , ~ ~ O ; f Act, 1932, for the figure " 1942 " the figure " 1944 " XIIIor i ~ ~ shall be substituted.
$izI"F2t
~
.
ACT No. XI1
OF 1942
P
[PASS~ BYDTIIE IXDIAN LEGISLATURE.] (Received the assent oj" the Goverfio~Ger~enllu n the 26th March, 1,942.)
An Act to Ax the duty on salt manufactured in, rn' imported by land into, certain parts of British India, to vary the rate of the excise duty on motor spirit leviable under the Motor Spirit (Duties) Act, 1917, to vary the rate of the excise duty on kerosene leviable under section 5 of the Indian Finance Act, 1922, to vary the rate of the excise duty on silver leviable under the Silver (Excise Duty) Act, 1930, to levy customs duties in addition to the duties of cus.toms leviable under the Indian Tariff Act, 1934, to fix maximum rates of postage under the Indian Post Offlce Act, 1898, to Ax rates of income-tax and super-tax and to continue the charge and levy of excess profits tax and fix the rate at which excess profits tax shall be charged..
! ,
WHEREAS
it is expedient to fix the duty on salt manufactured in, or iaported by land into, certain parts of British India, to vary the rate of the excise duty on motor spirit leviable under the Motor Spirit (Duties) Act, 1917, to vary the rate of the excise duty on kerosene 11 of lei?. XII of 1822. leviable under section 5 of the Indian Finance Act, 1922, to vary the rate of the excise duty on silver leviable x v n r o r l e s o . under the Silver (Excise Duty) Act, 1930, to levy customs duties in addition t o tbo duties of customs X x x r I of leviable under the Indian Tariff Act, 1934, to fix maxi1984. mum rates of postage under the Indian Post Of3ce Act, VI of 1898. 1898, to fix rates of income-tax and super-tax and to continue the charge and levy of excess profits tax and fix the rate a t which excess profits tax shall be charged ;
It is hereby enacted as follows :1. (I) This Act may be called tho Indian Pinanco Act, 1942.
short title and extent.
(2) It extends to the whole of British India. x I r of 1882.
2. The provisions of section 7 of the Indian Salt Act, Fixation of duty. 1882, shall, in so far as they enable the Central Government to impose by rule made under that section a duty on salt 1 I F c e anna 1 or l+d.
e
Indian Finance.
5'
C,
[ ~ C TXII
on wlt manufactured in, or imported into, any part of British India, be construed as if, for the year beginning on the 1st day of April, 1942, they imposed such duty a t the rate of one rupee and four a m a s per maund of ei hty-two and two-sevenths pounds avoirdupois of pa t manufactured in, or imported by land into, any such part, and such duty shall, for all the purposes of the said Act, be deemed to have been imposed by rule made under that section.
\
?
Excise duty on motor ~ p w t .
Excise duty on
Ex0aeduty on silver.
*a. I n sub-section (1) of section 3 of the Motor Spirit (Duties) Act, 1917, for the words "twelve annas" the words - " fifteen annas " shall be substituted. *4. I n the proviso to section 5 of the Indian Finance Act, 1932, for the words " of two annas and three pies " the words " a t which customs duty is for the t h e being leviable under the Indian T a r 8 Act, 1934, read with any other enactment for the ti,me being in force " shall be substituted.
XXXII of
*6. Where any goods chargeable with a duty of customs under the First Schedule to the Indian T a r 8 Act, 1934, or under the said Schedule read with any notiiica- XXXII tion of the Central Government for the time being 1934. in force, are assessed to duty, there shall up to the 31st day of March, 1943, be levied and collected as an addition to and in the same manner as the total amount so chargeable, a sum equal to one-iXth of such amount : Provided that such addition of duty shall not be levied and collected on(a) salt comprised in Item No. 25 (1) of the said Schedule ; / ( b ) motor spirit comprised in Item No. 27 ( 6 ) of the said Schedule ; '(c) raw cotton comprised in Item NO. 46 (3) of the said Schedule, so long as the additional duty of customs imposed by the Cotton Fund Ordiord. VIII oi nance, 1942, continues to be leviable ; 1942. (d) machinery compri~edin Items Nos. 72,72 (l), 72 (2) and 72 (3) of the said Schedule ; (e) the following, when the Customs-collector is satisfied that they are the produce or manufacture of Burma, namely :(i) potatoes and onions comprised in Item No. 7 of the said Schedule, (ii) coffee
-
* Thk section came 'into effect on 1st March, 1942, by virtue of a declaration inserted in the Bill under the proviaional Colleotion of Taxea Act, 1931 (XVI of 1931)-
of lg22.
*5. I n sub-section (I) of section 3 of the Silver (Excise Duty) Act, 1930, for the words " three annas " the X V I I I O 1930. ~ words "three annas and seven and one-fifth pies " ahall be substituted.
AddltlonalcuBtoms dutlea.
,
IIof 1917.
23.
b~ 1942.1
_ Indian Pinanne-
(ii) coffee comprised in Item No. 9 of the said Schedule, (iii) spices comprised in.Item NO. 9 (3) of the said Sohedule, (iv) betelnuts comprised in Item No. 9 (5)of the said Schedule,
(v) cutch and gambier comprised in Item No. 13 (2) of the said Schedule, (vi) sugar exchiding confectionery comprised in Item No. 17 of the said Schedule,
(vii) cigars comprised in Item No. 2% (1)of the said Schedule, (viii) matcl~escomprised in Item No. 34 (4) (a) of the said Schedule.
~1
1888.
X I of 1822.
of 1022~
'7. For the year beginning on the 1st day of April, Inlandpoetwe 1942, the Schedule contained in Schedele I to this Act rates' -. shall be inserted in the Indian Post Office Act, 1898, as the First Schedule to that Act. 8. (1) ~ i h j e c tto the provisions of sub-sections (2) =come-tax and auper-tax. and (3),-(a) income-tax for the year beginning on the 1st day of April, 1942, shall be charged a t the rates specified in Part I' of Schedule I1 increased in the cases to which sub-paragraph ( b ) of paragraph A and paragraph I3 of tkat Part apply by a surcharge for the purposes of the Central Government a t the rate specified therein in respect of each such rate of incometax, and ( b ) rates of super-tax for the yew beginning on the 1st day of April, 1942, shall, for the purposes of section 55 of the Indian Income-tax Act, 1922, be those specified in Part I1 of Schedule I1 increased in the cases to which paragraphs A, B and C of that Part apply by a surcharge for the purposes of the Central Government a t the rate specified therein in respect of each such rate oftsuper-tax. (2) In making any assessment for the year ending on the 31st day of March, 1943,(a) where the total income of an assessee, not being a company, includes any income chargeable under the head " Salaries " or under the head " Interest on Securities " or any income from dividends in respect of which he is deemed under section 49B of the Indian Incometax Act, 1922, to hqve p j d jpcome-tax
imposed 8
Indian Finance.
[ACF XII
imposed in British India, the income-tax payable by the assessee on that part of his total income which consists of such inclusions shall be an amount bearing to the total amount of inoome-tax payable according to the rates applicable under the operation of the Indian Finance Act, 1941, on his 'total income tho 11 of 1941. same proportion as the amount of such inclusions bears to his total income ; ( b ) where the total income uf an assessee, not being a company, includes any income chargeable under the head " Salaries " on which supertax has been or might have been deducted under the provisions of sub-section (2) of section 18 of the Indian Income-tax Act, 1922, the super-tax payable by the aasessee X I O ~1922. on that portion of his total income which consists of such inclusions shall be an amount bearing to the total amount of super-tax payable according to the rates applicable under the operation of the Indian Finance Act, 1941, on his total income the same,pro- v 11 O F 1941. portion as the amount of such inclubions bears to his total income.
-
(3) I n cases to which section 17 of the Indian Inccnnetax Act, 1922, applies, the tax chargeable shall be XI of determined as provided in that section but with reference to the rates imposed by sub-section (1)of this section, and in accordance with the provisions of sub-section (2) of this section where applicable.
(4) For the purposes of this section and of the rates of tax imposed thereby, the expression " total income " means total income as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the Indian Income-tax XI Act, 1922. (5) Notwithstanding anything contained in [,subsection (1)or sub-section (2)no tax shall be payable in cases to which sub-paragraph (a) of paragraph A of Part I of Schedule I1 applies where the assessee deposits with the Central Government in such manner and in accordance with such conditions as the Central Government may by rule prescribe for the purposes of this subsection an amount representing not less than one rupee for every complete unit of twenty-five rupees by which his total incoae exceeds saven hundred and fifty rupees : Provided that where the total income include8 any income chargeable under the head ' < Salaries " or under the - head ' < Interest on Securities " or any income from dividends in respect of which he is deemed
1922.
of 102%.
.
>.
.
. . .
,
\
OF
1942.1
Inclian Financ'e.
deemed under section 49B -of the lndian Incometax Act, 1922, t o have paid income-tax imposed in British India, the amount to be deposited by the assessee in order to obtain the exelnption :\. conferred by this sub-section shall. be an amount ~. ' bearing t o the minimum required t o be deposited under the foregoing provisions of this sub-section ,;\ . the same proportion as the amount of his total " .. income diminished by the amount of such inelu-. z & ? .&*. (7) Where the total income of an assessee referred to ,.*: )s&. Ti. in sub-para.graph (b) of paragraph A of Part I of Schedule W. F2 X I does not exceed six thousand rupees, an amount g; representing one rupee for every complete unit of two P. hundred rupees of his total income as reduced by the g, &: deductions, if any, allowed under the seeond proviso to if sub-section ( I )'of section 7, secbion 15 and sub-section L (1)of section 58F of the Indian, 1,ncome-tax Act, 1922, . XI or 1022. shall b e funded for the assessee's benefit and shall be. &. . paid to him on such -date,not more than twelve months . . *,. , after the termination of the present hostilities, as the .& +.; '. Cential Government may fix : W .. Plsovided that nothing in this sub-section shall apply g: t o any part of total income to which clause (a) of subf& vr ed under this sub-sectio11if there is an incomplete unit 'W6. . amounting to one hundred rupees or more i t shall be b~ >>t reckonnd as a complete unit of two hundred rupees. &, 9. (1) In sub-clause ( a ) of clause ( 6 ) of section 2 of Continuance of : ., xv of1840, the Excess Profits Tax Act, 1940,. for the words and ~ ~ , , ~ ~ e : w: figures " 31st day of March,, 1942 " the words and figures I -a,' " 31st day of March, 1943 " shall be substituted. E!. f & (2) The excess profits tax imposed by section 4 of the ! > gi:, XvoflQ40. Excess Profits Tax Act, 1940, shall, in respect of any gchargeable accounting period beginning after the 3lst % $ day of March, 1942, be an amount equal to sixty-six and 2: two-thirds per cent. of the amount by which the profits 2; , ?+: of the business during 'that chargeable accounting period exceed the standard profits. &. gi. . . gz $-. ' . 10. (1)1fbefore the 1st d a y of July, 1942, orz;:;,"eh"o', f? within thirty days of tho d%te on which ally excess nsoess Profits
X?O f 1Q22.
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profits
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Indian Finance.
[ACT XII
profits tax, charged under the provisions of tho Excess Profits Tax Act, 1940, a t the rate of sixty-six and two- xv of 1040. thirds per cent. becomes payable, whichever of these dates is later, a further sum not exceeding one-fifth of the amount of the said excess profits tax is deposited with the Central Government, the Central Governrnont shall repay, a t such date and subject to such conditions asit may hereafter determine, so much of the said excess profits tax as shall be equal to one-tenth of tho amount thereof or to one-half of such further sum deposited, whichever is the less : Provided that, if the said excess p r o f i t ~ ~ t aisxthereafter reduced, whether by relief given in respect of a deficiency of profits, or by relief givenin respect of double excess profits taxation or otherwise, and whether by refund or otherwise, the portion of the tax to be repaid under this section shall be correspondingly reduced : ~ r o 4 i d e dfurther that if the said excess profits tax is so reduced, the maxikuum sum that may be deposited with the Central Government under this section shall also be correspondingly reduced : Provided. further that the provisions of this section shall apply in respect of excess p~ofitstax to which the sectionapplies which became payable before the commencement of this Act if the further sum referred to herein is deposited before the 1st day of July, 1942 : Provided further that in relation to excess profite tax payable under the Exceas Profits Tax Act, 1940, in xv of 1840. respect of any profits which are also liable to assessment to excess profits tax under the law in force in the United Kingdom it shall be unnecessary to deposit the further sum referred to in this section, and the amount repayable by the Central Government under this section shall, subjoct to the first proviso, be one-tenth of the amount of the excess profits tax payable a t the rate of sixty-six and two-thirds per cent. under the Excess Profits Tax Act, 1940. xv oe 1840. t
(2) Any sum deposited with the G11tral Government under sub-section ( I ) shall carry simple interest a t the rate of two per cent. per annum and shall be repaid within twelve months of the date of terminati'on of the present heskilitifis.
(3) The Central Government may, by notification in tho official Gazette, make rules for carrying out the purposes of this section and for prescribing the manner and conditions roferred to b sqb-s~ction(5)of section 8.
,
Indian Finance.
OF 1942.1
SCHEDULE I. Schedule to be inserted in the Indian Post Office Act, 1898. (Xee section 7.)
" THE FIRST SCHEDULE. INLAND
POSTAGE RATES.
(See section 7.) Letters.
. . For every tola, or fraction thereof, exceeding one tola .
For a weight not exceeding one tola
.
One and a half annss. Half an anna.
Postcards. Single Reply
. .
.
.
. .
. .
. .
. .
.
Nine pies. One and a half annas.
Book, Pattern and Sample Packets.
.
For the first five tolas or fraction thereof
. .
. .Nine pies
'
For every additional two and a half tolae, or fraction thereof, in excess of five tolas
.
.
.
.
Th~piee.
Regbtered Newspapers.
. . . .
For a weight not exceeding ten tola8
Quarter of an anna.
For a weight exceeding ten tolas and not exceeding twenty tolas Half m a n n a .
.
.
.
.
.
.
For every twenty tolas, or fraction thereof, exceeding twenty tolas
.
.
. . . . . . .
Half a d anna.
I n the case of more than one copy of the mme issue of a registered newspaper being carried in the same packet-
.
For a weight not exceeding t e n tolas
Half an anna.
For every additional five tolas, or fraction thereof, in excess of ten tolae * .
.
.
.
. . . Quarter of an anna.
Provided t h a t such packet shall not be delivered a t any addressee's residence but &all be given t o a recognized agent a t the post office.
For a weight not exceeding forty tolas
. .
, Four m a s .
For every forty tolas, or fraction thereof, exceeding forty tolas . Four annas."
.
.
SCHEDULE I1
7
f ndian Finance. SCHEDULE n. (See section 8 . ) PART I. Rates of Income-tax. A.-In the case of every individua1,Hindu undivided family, unregistered firm and .other association of persons not being a case to which paragraph R of this Part applies :( a ) Where the total income does not e x c e e d ' ~ ~2,000. Rate. I. On the first Rs. 760 of total income . Nil. Six pies in t h e rupee. 2. On the next Rs. 1,250 of total income Provided that no tax shall be payable on a total illcome which does not exceed Rs. 1,600.
. .
.
.
. .
I
(b) Where the total income exceeds Rs. 2,000-
1. On th4 first Rs. 1,500 of totalincome 2. On the next Rs:3,500 of total income
Rate.
.
Nil
.
.
.
Surcharge.
.
Nil. Six pies in the rupee.
Nine pies in the rupee. 3. On the next Rs. 5,000 of total income : One anna and three pies in the rupee. 4. On the next Rs. 5,000 of total income Two annas i n the rupee. 6 . On the balance of total incomo . Two annas and six pies in the rupee.
Nine pies in the rupee. Oneanna andtwo pies in t h e rupee. One anna and three pies in t h e rupee.
.
.
B.-In the case of every company and local authority, and in every case i n . which under the provisions of the Indian Income-tax Act, 1922, income-tax is to be charged at the maximum rateOn the whole of total income
'
.
,
n
3
,:
.$2
,;i $ $3:**
,
.?.-,+>
' Surcharge. One anna and three pies in the rupee.
Rate. Two annas and six pies in the rupee.
*?.&'. I
/3
,$, .$
PART 11. Rates of Super-tax. . A.-In the case of every individual, Hindu undivided family, unregistered firm and other association of persons, not being a case t o whidi paragraphs B and C of this Part applyRate.
1. On the first Rs. 25,000 of total income 2. On the next Rs. 10,000 of total income
. : Nil
.
.
.
.t5 ,..
.:
Surcharge.
Nil. One anna in the Six pies in the rupee. rupee. 3. On t h e next RE.20,000 of total income .. Two annas in the One anna in the rupee. r upee. 4. On the next Rs. 70,000 of total income Three annas in the One anna and six pies rupee. in the rupee. , 6 . On t h e next Rs. 75,000 of total income . Four annas in the Two annas in the . rupee. rupee. 6. On the next Rs. 1,50,000 of total income ~ i v eannas in the Two annas and six, rupee. pies in the rupee. 7. On t h e next Rs. 1,60,000 of total income Six annas in the Three annas in the rupee. rupee. 8. On t h e balance of total income . . Seven annas in the Three annas and six rupee. pies in the rupee. ,
. ,::i !,* Ti
.i3'? .: . .. .3,
if
'
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.
B. In
:$gi$
" ?-
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$4 ...B
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&h 58. $37 z$ j&
"-:y .$3: ;*
9
" -
.-, .
O R D I N A ~ C EN o I OF 1942. 3
[lat Januury, 1942.)
An Ordinance to adbnd the War Injuries Ordinance, 1941. (Published in the &z&e of India Extraordinary of the l6t qanuary, 1942.)
i HEREAS an eqergency has arisen which makes it necessary to Injuries Ordinance, 1941, for the appearing ; of the powers conof India Act as
W VIIO~~BCI.
1. (I)This ~rdinance'may be called the War In- short title and ment. commencefiries (Amendment) ~rdinbnce,1942.
3. After section 5 of
ection 3 of the Amendment referred to as $,".P,"& VII payments for of 1941. ' shall be added. Ordinance the follow- ~nsertionof
new aecMon 6A In Ordinance
ake such returns treated for such ired by or under
Price anno 1 or 1 GIPD-L 736 LD-31-3-42-3,000-
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~ R D I N ~ N .NO. C EII o~ 1942. [31st December, 1941.1
An 0rdinanc.oce to p vide for thi setting up of ..speial $riminal Courts. (Published in the patiette of India Extrao~di~zaryof . the 8th January, 1942.) 1
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HEREAS an eb~ergencyhas arisen which rualres for the setting up oi '-\
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of India Act, 1935, the hovernor General is pleasfid to make and promVulgate !i$e following Ordinanca :-1. ( I ) This brdinance\may be called the Special Criinifial 'Courts Ordinanc (2) Jt extends to the (3) It shall come if the Provincial existence of an
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short title, extent and op@ion.
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3. Courts of criiliinal jur Luted under this Ordinance namely :( i ) Special Judges; (ii) Special Magistrates; (iii) Suminaly Courts.
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official Gazette, declares it tolbe in force in the Province, and shall cease to$e ir>$orce when such notification is rescinded : l'rovided that any lrial orL pending .at t& Liine of such tinued and completed as if Ordinanc2 were still in force. 2. I n this Ordinwee, unles pugnant in the subject or
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ioned officer is charged nder section 13, the inelit in .yhich the , serving, if so suthorised dant, or the o3mmandant , award t2 such ne or more of the or a lower elass or to the ranks; ( b ) forfeiture of pay akld allowances' f3r a period uot exceeding on;& month ; , (c) punishillent drill, xtra work or othar du;y not exceeding thi$y days in durntim; (d) reprimand or seveje reprimand. HOn-judicial dispqsal 16. When a c o m m i s s i o ~ dor an admilistrstive oimlnor officer is charged with an bffence punishable uader offences of eornm~ss~oned section 3 2 , the commandaikt may, without formal and admhistrative trial, reprimand or severely jFeprimand such oficer or officers. may refer the matter to tli; Provincial Government 1 for orders. I< Trial of 17. (I) An offence punisgable uridei. seotion 32 minor offences. may, if the chargc is not dibp3sed of under section 14, 15 or 16, be tried by a burnmary Court constitubed as provided in s*b-secqon (2). ( 2 ) A summary Court shall!coizsi~tof a Magistrate s . niatrrtte of the first class appointed by %he District JIa, or in a Presidency-town by the Chief Presidens? Magistrate, sitting with the cobrnanclant or a cornmissi3ned officer of the Civil Piobeer Force nominnted f by 8 1 s,
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illcurred as a conseqbence of misconduct by hiin or to make good: any loss of, or dnrnnge or destruction done 1Jy him to, any cl3tlles, tools or equipment o$ to any buildings or t property : Provided that the total d:@uctions froin *he pay and allowances 9f any enrolled person @hallnot excsed in any one ~ n o n t hone-half of ?is pay and allowances for that month. $
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Government ' to award punishment,
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Custody during inVe8tigation.
Arrest of
19. The fallowing pnnishmhnts msy, fiubjsct to the prescribed conditions, be sbarded to s conul~iasioned 3r an admini&rative offiier by the Provincial Government, namely :t ( a ) reprimand dr severe rephimand; ( b ) ,deductions from pay to or recoup loss incurred misconduct by him; (c) forfeiture of service; 1 i/ and the Provincial Government say, subject to the prescribed conditibns, reduce a cbmmissioned officer from one claso of commiss,ioned r a . k to a lowor class. 20. Any enrolled person charg$d with a n offence $ui)ishahle under this Ordinance +ay be taken illto and kept in custody in the prescriQed manner b? the unit to which he belongs pendi* iilvestiga~ion of the offence. S Yi 21. (1) Whenever any enrolled berson deserts his unit, the commandant or the officer" commanding the "i deiaohment to which he belongs W y give written information of the desertion to the)o&cer in cliarge of the nearest police rkation, and s i c h police' officer shall thereupon take steps for the $ppprehension of the deserter in like manner ap if hd wece :i pt?rsr,r, for whose apprehension a, warrant had) been issued by a Maqistrate, and shall deliver the fieserter when apprehended to the cuetody of his u ( 2 ) Any police officer may arrest any person reasonably believed enrolled person who has deserted h
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22. Any 'enrolled p6is&n . charged with an offence Of , punishable under thig rdinance may be tiied and . punish.9d for such offen 9 in any place ?n British 1 . . . India. Proof of . . 23. I11 any proceedin s before a Court the fact enrolment. that a person is a person nrolled under this Ordinance mBy be proved, by 'the p 'oduction of a certifiuate pur- . . porting to be signed by , h e cominandant. of the unit. , in which he is enrolled that h e is go enrolled; .
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R D I N A N C ~+io X: I OF' 1942
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An Ordinance temporarily to suspend the right at . .
present enjoyed by certain (members of.Police ces 'in British fndia t o resign d a e on notice of thkir intemtfsn t o resign.. .
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ivhed in the ~awktlt:of Pndiu E~zt~a.oldl.n.~~'i-~; . . dated the 7th' April, 1.942.) '
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HEREAS an enlergency has arisen which makes . it necgsary temporarily to suspend. the right ttl; present enjoyed by certain members of ~ o l &forces in British India i;q.?esig< ofice on giving notice 'of intention to .rkiign ; . . .
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'Now, T H X B X P O ~ E ,'iq exercise. bf the poivem - confkr6cd by section 72 of the Government of India Act;, ut in the Ninih'ljjcbedule to the .Government dia Act;, 1935, the Ciovernor General is pleased t o make a n d promulgate the following Ordinarice :'
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Ordinance ,may bc called the Police sa'ae title, a&bsae aga nation of Office) . Ori?inance, 1942. , .. commenoe-
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(2) It oxtends to the whole of Britisll India.
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(3) It shall oomo into force a-b once.
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2. So long as this ~rdirianccremains ioforor. thk * of certain . 'ainendments specified in the third column of theAet8 Schedule ahall be deemed to' be m d c in th.c enactments to pD''ccspecified in the second coln~anthereof. t
T~~BBCHEDULE ,.
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TIiE SCHEDULE. (See section 2.)
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of Act.
Name of Act.
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-4ct XXLV of 1859
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Anlendinents deemed to be made.
1. In seotion 19, the words " or unlesb he ahall have given to his superior officer two months' notice in writing of his i ~ t e n t i o nto do so ;' shall be ornitted. 2. In 8er;tion 44, the words " or without h a v q given two lnonts' notice as provided by this enactmaat" shall be omitted. Act V of 18(il The Pohcc Act. 1801 . 1. h.section 9, the words " unless ho i --, shall have given to his superior officer notice in writing, for a period of not lesa than t y o months, of his rntention to resign shall be omitted. 2. In mction 29. tho words " pr without having given lxeviou notice for the period of two months" ah8a.U he omitted. Ben. Act 11 of 1866 Tha Calcutta S u b t a b a n h section 7, the wur& " or unlesa (1 he shall have given to the Cormus. Folice Act, 1866. sioner six months' notice of hu intention if a member of the mounted branch of the said force, and two montha' notice if a member of any other $ranch " and the words " or notice shlJ be omtted. L.i~en.Act ITbT of1866 The Calcutta Polwe In seotion 14, the words " or unless he Act, 1866. shall have given to the Commissioner (, , six month' notice of his intention, if a member of the mounted branch of the said force, and two months' notice if a member 0 : other bfanch " and the words or notice ahall -be omitted. AItlcl. Act ILI of 'L'he Madras City In section 13, the words " or until after 1888. ' Act, 1888. the expiry of two months horn the date of his giving to the Commissioner a notice in writing of his intention t o @ do so " shall be omitted. Born. Act IV of Tho Bombay D~strrct 1. In sub-secfioft (1) of seotion 34, a f t e ~ 1890. Police Act, 1890. the word8 withdraw himself from the duties thereof " the word " until " and clauses (a) and (b) s2lall be omitted. 2. In sub-section (2) of seqtion 34, for the word8 " as aforeartid " the wor& " as such police-officer, to the Crown or to any police fund" h a l l be substituted. Born. Act 1V of Tllo City oi ~onil!lay 1. 1u sub-section (1) of section 14, tho , 1902. Police Act, 1902. werds beginning with " and except in the case of a speoiel Police officer " and ending with the end of the sub#&$ 8': section shall be omitted. 2. In the proviso to sub-section -(2) of section 14, for the words " any suoh debt as aforesaid due from euch Police officer " the words " any debt due by him as a Police officer to the Crown or to any Police fund " shall bo substituted.
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The Nadras U%trict Police Act, 1859.
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'2 GTPD--S1-1113 LD-1.5-10-42-1,200. ..
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LlNLITHGO W, T'ic s ~ o ya n d Governor G e n s ~ u 1 .
An Ordinance to provide for the insurance of certain? property in British India against war risks. C
(Pubhished in tho Gazette of India Ext~aordinary, dated the 8th April, 194f2.) -.,
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HEREAS an emergency has arisen which makes i t necessary to provide for the insurance of certain property in British India agauist war risks ;
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a, c. 2.
Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in, the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promuIgate tho foll wing Ordinance :-
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1. ( 1 ) This Ordinance may be called the War Risks z;;f,"tt:y> (Factories) Insurance Ordinance, 1942.
commencement.
(2) It extends to the whoIe of British India., (3) It shall come into force-at once.
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XXV of 1934.
2; In this Ordinance, unless there is anything I)efin,tfonfl. repugnant in the subject or context,(a) " buildings" includes foundations, plinths, floors, staircases, tanks, engine and boiler beds, chi'mneys and flues ; (b) " factory " means a factory as defined in clause (j)of section 2 of the Factories Act, 1934, and includes any premises including the precinct~thereof which, having at any time after the 31st day of December, 1938, becn a factory as defined in clause (j)of section 2 of the said Act, have not been exempted under section 14 from the provisions of saction 5 of this Ordinance ; (c) " factory buildings " includes all buildings comprised in the factory, and such other buildings (including residential buildings for staff and workmen, hospitals and welfare centres) within a radius of two miles from the main factory building as are in the same ownership or occupation as the factory ,and are used for the purposes of tho factory ; (d) " the Fund " ,P
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Price anna 1 or l+d. ,-.
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War Risks (Factories) Insurance. (d)
[ORD.XII
" tho Fund means the War Risks (Factorice) "
Insurance Fund constituted under section 7 ; (e)
" insurable vdue " of propr.rt,y means the valno
of the property as ascertained for the purposes of insurance finder this Ordinance ; ( J ) " occupier " of a factory has tho mcaning asqigned to the word in clause (0 of section 2 .- of the Factories Act, 1934 ; XXY of 1984. (g) " owner " of a factory includes, when parts of the property insurable under this Ordinanco in relation to the factory are owned by m e r e n t persons, each such person in respect of the part owned by him; (h) " prescribed " means prescribed by rules made under this Ordinance ; (i) " property insurable under this Ordinance " means, in relation to any factory, the factory buildings, all plant and machinery in the factory, and such other plant and machinery as may be prescribed ; (j) " tho Scheme " means the War Risks (Factories) Insurance Scheme referred to in sub-section (I) of section 3 ;
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(k)'" .war risks " means such risks arising from(i) action taken by an enemy or action takon in combating an enemy or in repelling an imagined attack by an enemy, (ii) measures taken under proper authority to avoid the spreading of, or otherwise to mitigate, the consequences of damage occurring (whether accidentally or not) as the direct result of any sueh actioii as aforesaid, (iii) precautionary or preparatory measures taken under proper authority with a view to preventiug or hindering the carrying out of any attack by an enemy, being measures involving risk to property, (iv) precautionary or prcparatory measures involving the doing of work on land and taken under proper authority in any way in anticipation of enemy action, being measures involving risk to property, (v) precautionary or preparatory measures taken under proper authority with a view to denying facilities to an cnemy, being measures involving damage to or diminution of the value of property,
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3. (1) The
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OF 1942.1
W a r Risks (Facto~ies)Insurance.
3; (1)The Central Government may, by notification war Risks in the official Gazette, put into operation a scheme (Factories) Insurance to be caUed the War Risks (Factories) Insurai~ceSchwe. Scheme, wheroby the Central Goveri~mel~,~~ undartakes in relation to factories the liabilities of insuring against war risks, to the extent provided by and subject to the -provisions of this Ordinance, property insurable under this Ordinance whicli appertains to a factory.
(2) The Scheme may be such as to provide for the undertaking by the Central Governvent of its liabilities under the Scheme as from a date anterior to the inauguration of the Scheme, or to the commencement of this Ordinance. (3) The Scheme may extend to the undertaking by the Central Government in relation to any person in British India of the liability of insuring such person against war risks in respect of any property insurable under this Ordinance which is not owned by him but in which he has an interest, up to the exterit of such interest. (4) The Scheme shall be such as to secure(a) that the liability of the Central Government as insurers shall not extend to more than eighty per cent. of the insurable value of the property insurable, (b) that in respect 6f each claim the insured shall bear the first one thousand rupees or twenty per cen0. of the claim, whichever is greater, (c) that any liability of the Central Government a s insurers under the Scheme is detemined by a policy of insurance issued i n , the prescribed form and in respect of a prescribed period by a person acting on behalf of the Central Government, (d) that any premium under a policy so issued is payable a t such rate as may for the time being be prescribed. (5) The Scheme may provide(a) for underbaking in relation to works in course of construction which when completed will become factories, the same liabilities as are undertaken by the Scheme in relation to factories ; (b) that the payments due under a policy of insurance issned under the Scheme may, a t the option of the Central Government, take either of the following forms, nawely :( i )payment, within the limits of the liability assumed by the Central Government and in 8
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War Risks (Factories) Insurance.
[ORD.
XII
in such manner and by such instalments a s the Central Government may think fit; of the cost necessary to restore the property as far as practicable to the condition in which it existed before the occurrence of the damage, or (ii) compensation, within the aforesaid limits, for the loss in value, ascertained on the basis of values and prices ruling a t the time a t which the policy of insurance was taken out, or a t which the loss occurred, whichever is less, suffered by the property as a result of the damage, after due allowance has been made for depreciation during the current period of insurance cover ; ( 6 ) for the postponement in accordance with prescribed principles of payments due under a policy of insurance issued under the Scheme in respect of any damage sustained by property insured thereunder ; (d) for making it an express or implied condition of any policy of insurance issued under the Scheme-( i )that the owner or occupier of a factory shall oomply with all regulations or instructions made or issued under the authority of Government for safeguarding the property against damage from war risks, or (ii) that, where the Central Government exercises its option to pay the qost necessary to restore the property to its original condition, the owner: of the factory shall, if so required by , the Central Government, reconstruct the factory or remove the factory to and reconstruct it in another locality. (6) Different fates of premium may be prescribed under sub-section (4) for the purpose of Werentiating from other factories and other property insurable under thicl Ordinance(a) factories established after the inauguration of the Scheme, ( b ) property insurable under this Ordinance which consists of additions made after the inauguration of the Scheme to the property insurable under this Ordinance appertaining to a factory, (c) property insurable under this Ordinance which consists of restorations or rsconstructions of property insurable under this Ordinance which has after tho inauguration of -the Scheme suffered damage or destruction arising from a war risk. 4. The 4 - .
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War Risks (Factories) Insurance..
4. The Central Government may employ or authorize Emplo~rnent the employment of any person or firm to act as its $,8g","tP:{ agents for any of the purposes of this Ordinance, and inay pay to persons or firms so employed such remuneration as the Central Government thinb fit :
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Provided that no person or firm shall be so employed. un1ess that person or firm is either(a) a member of an associationprescribed in this behalf, or ,
(b) a person who in British India has a standing contract with underwriters who are members of the Society of Lloyd's whereby such person is authorized within the t e ~ m sof such contract to issue protection notes, cover notes or other documents granting insurance against war risks.
5. (1) Every owner of a factory, except a factory 00 mpuleors Insurance. belonging to the Crown or a factory exempted under section 14 from the provisions of this Ordinance, shall by such, date as may be specified in this behalf by t h o Central Government, by notscation in the official Gazette, take out a policy of insurance against war risks issued in acoordance with the Scheme, whereby he is insured in respect of all property insurable under this Ordinance which agfmrtains to the factory fdr a Elurn not less than the insurable'value of such property : Provided that, where the owner of the factory is not himaelf the occupier of t h e factory, the occupier of the factory shall, unless the owner has already taken out a policy of insurance as requircd by this sub-section, himself take out the policy, and in such a case the occupier shall be deemed to act as the agent of the owner and shall be entibled to receive from the owner all ' .&&s paid as premiums on the policy.
(2) The obligation imposed by sub-section (I) includes, when the owner of the factory is required by the Central Government to reconstruct a factory which has s&ercd damage, an obligation to take out an additional policy of insurance as required by the sub-soction in respect of the reconstructed factory. (3) When a factory in respect of which a policy of insurance against war risks has been taken -out as required by this section is tran~ferredfrom oi~eowner to another or there is a change of occupier of the factory, the policy may be transferred to the new' owner or occupier, and such new owner or occupier shall succecd to all rights and liabilities under and in relation to the P.@licyas if the policy had been in the first instance taken out by him. . . . . (4) Whoever 5
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LORD,
XII
(4) Whoever contravenes the provisions of sub-section ( I ) or the proviso thereto, or, having taken out a policy of insurance as required by that mb-section, fails to pay any instalment of premium thereon which is subsequently due, shall be punishable with fine which may extend to tvro thousand rupees and with a further fine which ! may extend to one thousand rupees for every day after the first on which the contravention or failure continues. Restriction on 6 . ( I ) After the date on which the Scheme is put into oarrying on operation, no person shall, except as a person authorized certain by the Central Government as their agent t o issue poliibuslnem. ~~urancs cies in pursuance of the Scheme, carry on the business of insuring factories i11 British India against war risks in respect of property insurable under this Ordinance. (2) Whoever contravenes the provisions of subsection (1) shall be punishable with fine which may extend to five thousand rupees and with a further fine which may extend to one thousand rupees for every day afler the first on which tho contravention continues. 7. (1)The Central Government shall establish a fund War ~ i a k s for the purposes of this Ordinance to be called the War $~~$~',i$) B und. Risks (Factories) I n s ~ r ~ n cFund e into which shall bc paid all sums received by the Central Government by way of insurance premiums under the Scheme or by way of payments madc on composition of offences under section 12, and out of which shall be paid all sums required for the discharge by the Central Government of any of its liabilities under .the Scheme, or for payments by the Central Government under section 9, or for the paylnent by the Central Government of the remuneration and expenses of agents employed for the purposes of the Scheme. (2) If a t any time when a payment is to be made outof the Fund the sum standing to the credit of the Fund is less than the sum required for the making of that payment, an amount equal to the deficiency shall be paid into the Pund as an advknce out of general revenues. If a t any time the amount standing to the credit of the Fund exceeds the sum which, in the opinion of the Central Goqrnment, is likely to be required for the making of payments out of the Pund, the excess shall be paid into general revenues. (4) The Central Government shall prepare in such form and manner as may be prescribed and shall publish either anhually, or at such shorter intervals as may be prescribed, an account of all sums received into and paid out of the Fund. Powcr o f 8. ( 1 ) Any person authorized in this behalf by the Central Central Government may, for the purpose of ascertainGovernment ing whether or not the owner or occupier of a factory has .$,:::% ", taken out a policy of insurance as required by this Ordinance 6
(4
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OF
1942.3 War Rislcs (Factories) Insurance.
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Ordinance in respect of all property insurable under this Ordinance which appertains t o the factory, or for the purpose of investigating the insurable value of such property, or for the purpose of estimatine; the damage x~rfferedby such property,-(a) require the owner or occupier of a factory t o submit to him such accounts, books or other documents or to furnish to him such information as he may reasonably think necessary, or (b) a t any reasonable time enter any premises or upon any property appertaining to a factory, inspect such premises or property, and require any person found therein or thereon, whom he believes to be in possession of information relevant to his investigation, to furnish to him such information as he may reasonably think necessary. (2) Whoever wilfully obstructs any person in the exercise of his powers under this section or fails without reasonable, excuse to comply with any request made thereunder shall, in respect of each occasion on which any such obstruction or failure talres place, be punishable with fine which may extend to one thousand rupees. (3) Whoever, in purporting t o comply with his obligations under this section, kiiowingly or recklessly makes a statement false in a material particular, shall be punishable with fine which may extend to one thousand rupees.
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9. Where the Central Government requires the owner Payments cost of of a factory to remove the factory and t o reconstruct it towards removal and in another locality, the Central Government shall make of reconstruction factory. to such owner out of the Fund such payments, in addition to any sum' payable under the policy of insurance, as it considers sufficient to defray the cost of the removal and, if necessary, the replacement of any part of the property in respect of which no compensation is payable. 10. Any instalment of premium due on a policy of ltecovery insurance issued under the Scheme may be recovered as premlum anears of an arrear of land-revenue. instalments. 11.No prosecution for any offence punishable under Limitation this Ordinance shall be instituted against any person Prosecut1ons. except by or with the consent of the Central Government or an authority authorized in this behalf by the Central Government. 12. Any offence punishable under sub-section (4) of :;zpgtlonof section 5 may, either before or after the institution of the prosecution, be compounded by the Central Government, or by any authority authorized in this behalf by the Central Government, on payment for credit to the Fund of such sum as the Central Government or such authority, as the case may be, thinks fit. 13. No
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War Risks (Factories) Insurance.
[ORD.
XII
13. No suit, prosecutior~sor other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance. poker t? 14. Tho Contra1 Government may, by notscation exempt factories. in the official Gazette, exempt any factory or any description of factories or any premises including the precincts thereof which have a t any time after the 31st day of December, 1938, been a factory as defined in clause (j)of section 2 of the Factories Act, 1934, from XXV of 1934. the provisions of section 5 and may by order declare that any factory or any description of factories so exempted may, if the owner so wishes, be insured under the Scheme. 15. (1) The Central Government may, by notificapower to make rules. tion in the official Gazette, make rules t o carry into effect the provisions of this Ordinance.. (2) Without prejudice to the generality of the foregoing power, such rules may(a) prescribe the method of ascertaining the value of property for the purposes of insurance under this Ordinance ; ( b ) prescribe the plant and machinery other than plant and machinery in the factory which shall be properly insurable under this Act ; (c) prescribe the risks which shall be deemed t o be war risks for the purposes of clausg (k) of section 2 ; (d) prescribe the forms of the policies of insurance referred to in clause (c) of sub-section ( 4 ) of section 3 and the period in respect of which such policies shall be issued ; (e) prescribe the associations referred t o in clause ( a ) of the proviso to section 4 ; (f) prescribe the form of and the manner of preparing the account referred t o in sub-section (4) of section 7. 16. (1) The Central Government may, by notscaPower 01 Centrpl tion in the official Gazette, declare that the provisions aoveknhent to extend of this Ordinance and' of the Scheme made thereunder to the insuring against war risks of&to certain shall apply * (a) the machinery above ground appertaining to insurance projects. mincs, as defined in the Indian Mines Act, 1923, IV of 1923. (b) the distribution systems of gas supply undertakings, or (c) the whole or a specscd part of the distribution a n d transmission systems, sub-stations, switch houses and tfansformer houses of electric supply undertakings generally, or of specxed electric supply undertakings,
Bar of legal
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N ef 1023.
War Rdsb (Factories) Imurance.
as they apply to property insurable under this Ordinance which appertains to a fmtory. (2) I n interpreting this Ordinance as applied by a notification under clause (a)of sub-section ( I )to mines, references to the owner of r* factory shall be read aa references to the owner or agent of a mine as defined in the Indian Mines Act, 1923, and references to the occupier of a factory shall be read as references to the manager of a mine for the purposes of the Indian Mines Act, 1923. LINLITRGOW, Viceroy and Governor General.
'i
ORDINANCE No. XlII t An Ordinance to
OF 1942.
h
onstitute a women's auxiliary corps for servic in India as part of Xis Majesty's Militav Forces.
(Published in the 4 a r etta of India Extraordinary, dated thg 9 t h Apvi13 1942.) k
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WHEREAS f
an em$Sgency has arisen which makes it necessary to cbnstitute a women's auxiliary corps for service in Iqdia as part of Hie Majesty's Military Forces, and to qovide for the organization and discipline thereof ; Now, THEREFORE, in, exercise of the powers cone Government of India Act, ferred by section 72 to the Government of as set out in the
i
g Ordinance :Auxiliary Corps Ordinance,
application.
is anything repug- Definitions. Auxiliary
I
nance ; prescribed " means under this Ordinance ; (d) " regula,t.ions" mean section 11.
(c)
ed by rules made
"
ions made under
hereinafter provided an auxili to be designated the Women
Corps, India. ct of an Indian Enrolment.
4. Any British subject o State, if a woman and abo be eligible to be enrolled in the prescribed conditions, ma
may be laid down
i
1
Women's Audlin $'f?oGps.'
f{Fd::, "$ appointment of officers.
,
[OR*. ~ I l OF r 1942.3
I
5. (1)There shall be the following classes of personnel in the Corps, name1 ( a ) officers, and ( h ) enrolled persons ( 2 ) Ofiuers shall be a pointed by the Central Government, hy iiotification ill the official Gazette. (3) Enrolled persons may be promoted to warrant and noiz-commissioned ank in accordance with the regulations.
3:-
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APDlieation of If. The: Army AC *Img Act. LO R I I C : adaptation ~
scribed, apply to officers the Corps as they apply and men of the regular Power to make 10. (1)The Cen rules. tior1 in the official purposes of this O
(u)for the medical
n of persons offering under section 4 4;
themselves for
tter which under this
(c) providing for any o Ordinance is to be
1:L. The Commander-in
Power to make
leave of persons enrolled.
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LI$LITHGOW, Viceroy a d ffovernor Qenerul. 2 QIPD-81-67LD-13-0-42-1,000.
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to amend the War Risks Ordinance, 1940. India Extraordinary, dated
An Ordinance
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Au Ordinance further to
amend the special Criminal
Coutts Ordinance, 1942.
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(Publish& iw the Bazette of India Extruordinccry, &ted the 19th August, 1942.1
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HEREAB an emergency has arisen which makes W i t necessary further to amend the Special Criminal Courts Ordinance, 1942, for the purposes hereinafter flsak appearing ; NOW,THEREFORE, ill exercise of the powers eoilferred by section 72 of the Government of India Act, as set out in the Ninth Schecl>~lc to the Government of India Act, .6, o. 2; 1036, the Governor General is pleased to male and promulgate the following Ordinance :-
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1. (7) This Ordinailcc may be calle& the Special short title Criminal Courts (Seoond Amelidment) Ordinance, 1042. E&eneo ment. (2) It shall come into force a t once. ,
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2. 111 sub-section (3) of section 1 of the Special Crimi- Amen ~nant nal Courta Ordinance, 1942 (hereinafter referred to as $L~$~::. the said Ordinance), after the words " arisin from "the lQ42. words " any disorder miOhin the Province or roin " shall be iiiserted. 3. I n clause ( b f of section 24A of the-said Ordinal~ce,Amendluent for the words " the Court " the ~vords" .where the,prose- OfBep$Pt IT cution opposes the application, the Court " shall be sub."!~?ota. sfituted. LINLITHGOW, Viceroy und Governol. CTene~ul.
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OBDINANC~~NO. XLIll6P
-
1942.
An ordinshce to amend the Colleotive Fines Ordir~snce, 1942. *'
4
Publi&d in the Qahette of India Extiwdinary, datd the 19th August, 1944.)
,
-HEREAS a$ emergency has arisen which makes W i t nicessary to amend the Collective Fines Ordi: nance, 1942, for the purpose hereinafter appearing. a , Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance -1. (I)This Ordinance'may be called the Collective Short title and Fines (Amendment) drdinance, 1942. commencement. (2) It shall come into force a t once. - A
2 .
---- .
2. I n the preamble, and in sub-section (I) of section 3, Amendment reamble of the Collective Pines Ordinance, 1942, for the words of an8 section Ord. XX of " or the efficient prosecution of war " the words ",the 1849. public safety, the maintenance of public order, the efficient prosecution of war, or the mainte~anceof supplies or services necessary to the life of the community " shall be substituted. Viceroy and Governor General.
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LD-7-10-42--1,600.
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,
An Ordinance to provide for certain matters *elating to
the Rangoon share register of the Reserve Bank of India.
(Published in the Gatette of India Edraordinarg, dated the % ] s t August, 1942.)
WHEREAS
an emergency has arisen which makes it necessary to provide for certain matters relat- ' ing to the Rangoon share ljegister of the Reserve Bank of Jndia ; Now, THEREFORE, in exercise of the' poTvers conferred by section 72 of' the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance :1. (1) This Ordinance may be called th'e Reserve BhorttLle Bank of India (Rangoon Register) Ordinance, 1942. z&ncement. (2) It shall come into force a t cnce. 2. In this Ordinance, unless there is anything repug- Interpsektios, nant in the subject or context, "the Act " means the Reserve Bank of India Act, 1934, and other expressions . have respectively the same meanings as'in the Act. 3. Notwithstanding anythin contained in the ~ c t or t,he regulations wade thoreun er, the Central Board aeding d t h matters rnay, relatlng to ( a ) maintain the Rangoon share register at, and transfer the office of the Bank established re&tbr. at Rangoon under>section 6 of the Act and the Rangoon Official, Seal to, m y place in Jndia or Burma ; ( b ) auspend all or any of the functions and duties of the Burma (Rangoon) Arsa Local Board or of its Committoe, and direct that the said functions and duties so suspended shall be exorcised or performed by such officer or officers of the Bank as it may authoriso in this behalf ; (e) a,uthorise any officer of the Bank to attest affixations of the Rangoon Official Seal ;
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[oso n&lrOq 1942.1 Redewe Bank of I&& (Rangoon Register). (d) make, with the sanction of the Central
Government, such other provision in respect of matters relating to the Rangoon share register as may in'its opinion be necessary in the present emergacy. Temporaw 4. During the continuance of this Ordinance, subamendment. oi section 9 section (4) of section 9 of the Act shall, in its applicaoi Act 11 tion to the Burma (Rangoon) Area Local Board, have of 1934 in its application effect as if for the words " At any time within three to the Bu~pxi months of the day on which'the Directors representing (Pan oon) dreafocal the shareholders on any register aro due to retire under Board. the provisions of this Act," the words "As soon a-s practicable after such date as the Central Government may fix in this behalf by notification in the Gazette of India," had been substituted. Validation 5. All orders made and all acts done by the Central of emergent melon taken Board or any officer of the Bank in respect of any matter in respect relating to the Rangoon share register, including the of Rangoon ahare exercise or performance of the functions and duties of register. the Burma (Rangoon) Area Local Board and of its Committee, on or after the 1st day of February, 1942, and before the commencement of this Ordinance, are hereby declared to be as legal and valid as they would ,have besn if this Ordinance had been in force throughout that period and they had been mado or done in exercise of powers conferred by, or conferrable under, this Ordinance. LINLITHG 0W, Viceroy and Governor Qene~al,
ORDINANCE No. XLV OF 1942. An Ordinance>to empower the Qentral Government to auspead the op~rationof Ch~gterVIA of the Indian Railways Act, 1890.
I
(Published i n the Gazette of India ~xtraordinab, dated the 2let ' ~ u ~ u s1942.) t,
II I
1
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'
HEREAS an emergency has arisen which makes it liecesaary to empower the Central Government ' to suspend -the o,pesation of Chapter VIA of the Iudian IX o f 1 8 Q U d Rail%vaysAct, 1890, in certain cases ;, 1 Sow, THEREFORE, in exercise of the powers conferred , by sectioq 72 of the Government of 'Iudia Act, as set out in the Ninth Schedule to the Government of India e o oeo. 5. a. 2. Act, 1935, the Governor General is pleased to make and promulgate the io~~owlngurcimance :1. (1) This Ordinance may be called the Railways Short title and (Hours of EmpIoJZment) Ordinance, 1942. cornmenoes ment. (2) It shall come into force a t once. 2. The Central Government may,' by notification Power 01 ' in t ~ i eofficial Gazette, direct that the provisions of Government Central rx of lSBO. Chapter VIA of the Indian Railways Act, 1890, and of ~~;,;,"t,on the rules made under that Chapter shall, for such period suspendlug a s may be speoified in the notscation, cease to apply to ~e,',t;"y, railway servants of any railway or section uf a railway $$,,!X of specified in the notification, or shall cease to apply to such railway skvants or classes of railway se'rva~tsof any specified railway or section of a railway as may bc specified in the n~tifipation. b. While, any notification isauod under section 2 is Rateof in force, any rauway qervant, to whom but for such noti- OVe*he pay. ixd lsoo. fication Chapter VIA of the Indian pailways Act, 1890, would have applied, is employed for 'more hours in any week than the qumber ,of hours permitted under that Chapter, he shall be paid for overtime a t not less than one and a hay times his ordinary rate of pay.
L'INLITHGOW, Vicerq and QovC!rnm CTeneraZ.
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Price anm 1 or 142. u.D~--S1-955 LD-7-10*4Ll,600.
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-
ORDINANCE No= XLVI *-
OF
1942.
An Ordinance further to amend the Penalties (Enhance. merit) Ordinance, 1042. i n the Gazette of India EztraOrdinaw dated the 26th August, 1942.)
-
HEREAS an emergency has misen which make. Wit C S further to amend the Penal~e8 111 of 1 ~ 2 (Enhimcemmt) Ordinance 1942, for the purposes hereinafter appearing ; Now, THERE.REaoRE, in eercise of the powers conferred, 72 of the Government of India Act, out in the Ninth Schedule to Lhe Government of ~ ~ d i ~ 26 @o. 6 . 0 . 2 . Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance :I. (I)This Ordinance may, be called the ttt,e (""ncement} Third Amendment Ordinance, 1942, ;t&onoement. (2)I t shall come into force a t once. 2. In section 5 of the Penalties (Enhancement) A ~ , ~ , ~ , arcfinance, 1942,of sectlon 6, Ord. 111 (a)after the word " provisions " the words c c for of 1942. the time being in force " shall be inse&& ; (b) after the words " Defence of Rules the l o r d s and figures " or is deemed under rule 121 of the said Rules to have contrapen& any such provision " shall be inserted ; (c) for the words " the said rule ", in both places where they occur, the words " the said Rules @hallbe substituted.
LINLITHGOW,
,
Vicerop and Governor GmaaJE
81-997
Price anna I LlIklO-lO-4L2,6~.
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fcrred by section 72 of the Government of India Act, a set out in the Ninth Schedule t o the Government of India Act, 1935, ,the Governor General is pleased t o make and promufgate the. following Ordinance :--
.
,
1088.
" Provided that a special export licence issued in lieu of .an export licenco covering the export .of,tea in the financial year ending on the f l & day of Maoh: 1942, shall not cease t o be valid on the 31st day of May of the year in which it was isaued,but shall continue t o be valid up t o the 31st day of Mazch, 1943." by sub-iectioix ( I )shell on the 1st day of April,
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ORDINANCE No.XLVIII OF 1942. 4Ln Ordinance M e r Q amend the Defgnce of India Act, 1939. (J'ubli8kd in tk W t t e of ~ x t r w d i & r ~ ckcsted , the 5th September, 1942.)
x.x&v~r W Qbb. 6 s
-&
REAS an emergency has arisen which makes it necessary further t o amend the Defence of India Act, 1939, for the purpose hereindter appearing ; Xow, THEREFORE, in exercise of the powers oonferred by section 72 of the Government of India Aot, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance :-, 1. (1)This 0rdinakce may he called the Defence of India (Second Amendment) Ordinance, 1942. ment. (2) It shall come into force a t once. , 2. I n clause (xx) of sub-section (2) of st?ction 2 of the e ~ : z n c Defenoe of India Aot, 1939, for the words " any trade 2: fg0tx&v industry " the words " agriculture, trade or industry shall be s u b s t i t ~ ~ k d , LINLITHGOW, Viceroy a,& C h v e r w general.
*f
ORDINANCE
NO.
--1
xiix O F
1942.
- --
~n ~rdinance further to amend the Oolleetive Finerg OrSlin%we, 1943.
1
(Publtshed in the Gazelle n j India B x t ~ a o r d z n y, a ~ dated the 12th 'qeptember, 1942 ) -
.
-
HEREAS an emergency has arisen which makes Wit necessary further t o amend the Collerctivtivs Pine5 Ordinance, 1942, for the purposes hereinafter. gppenring ;
xx of 1942.
Wow, THEREFORE, in exercise of the powers conferred by section 92 of the Government of India Act, as set
si uco.
,
out in the Ninth Schedule to the Governnlent of India Act, 1936, the Governor General is pleased to m ~ k and e promulgate the following Ordinance :-
*,a.
I. (1) This Ordinance may be called the Collective g Fines (Second Amendment) Ordinance. 1942. .
L
~ ; ~ ; ~ ~ ; ~
(2) Ibshall come into force a t onc3c.
*
9. In section 3 of the Collective li'itlcs Ordinance, Arneddmsnt of sectlon 8 Om. 1942,xx 01 lhe ( 4 ) after sub-section (1) the following sub-section shall be inserted, namely :" ( I A ) An officer empowered in this behaK by the Provincial Government by general or special order may exercise the power conferred by sub-section (1) on the Provincial Government : Provided thbt an imposition of a colleatl\rc finre by any such officer may be made by publication of the order imposing the fine either in the official Gazette or in any such other manner as such officer considers best calculated t o bring the order t o the notice of the inhabitants of the area concerned."; ( 0 ) in sub-section (2), after the words " the Pro. oincial Governme~~t " the words " or ariy officer empowered in this behalf by the Provincial Government by general or special order " shall he inserted ; (e) after 1 P ~ i c earzna 1 o, l + d .
Coitective Pines (Second
CORD. XLIX O F 1942.1
Amendmentl.) (c)
aftey sub-s&ction(3) the followilzg sub-section shall be inserted, namely :"
(3A) I n any such apportiolzmcnt the District Magistrate may assign a portion of such fine to a Hindu nndividoti family t o be payable by it." ;
(dj in sub-section ( 4 ) ,after the word '' person " t l i ~
brackets and words " (including a Hindu undivided family) " shall be inserted and the fords " front him " shall be omitted.
r.;d19 ~4
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ORDINANCE No. LI
OF 1942.
An Ordinance further to amend the National Service (Technioal Personsel) Ordinance, 1940. (Published in the Gazette of India Extraordinary, dated the .&d October, 1942.)
WHEREAS it
.
.
.
.
an emergmoy has arken which makes rldcessary further to amend the National. Service (Technical Personnel) Ordiqance, 1940, for the puqiosetl hereinafter appearing ;
of iero.
NOW,THEREFORE, i n exercise of the powers conferred . by section 72 of the Government of India Act, as set . . out in the Ninth Schedule to the Government of India 36 .aeo. 6, a 2. Act, 1935, the Governor General is pressed to make and promulgate the following Ordinance :1. (1)This Ordinance may be called the National commeuce-, short t ~ t and ~e . Service (Technical Personnel) Second Amendment'ment. . . Ordinance, 1942: . . . . i
.
,
(2) '1t shall come into force a t once.
&zi;;e%r;:
2. I n clause (j)of section 2 of the National Seivice . (Technical Personnel) Ordinance, 1940 (hereinafter 11 or lodo. referred to as the said Ordinance),--
,
(a) after the words " training centre" the word8 , " in British India " shall be inserted ;
(b.) to the said. clause the. following ;words. shall be added, namely :' or. any such institution or centre in an Indian State so establishedj selected or approved with the 'consent of the State ". i
'
Amendment of 3. I11 section 3 of the said Ordinance,aectlon 3 Ord. ( a ) after the words " Indian British subjects " for 11 oilgdo. the word " or " the following shall be substituted, ilamely :" or being subjects of an Indian State resident for the time being in British India or being " ; lb) for
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of aectlou b Ord. 11of 1840.
I
(b) for the existing proviso the following proviso shall be substituted, namely :" Provided that no subject of an Indian State resident for the time being in British India for a temporary purpose other than that of undergoing training at a training establishment shall be so liable, and no person in the service of the Crown shall be ao liable except with the written consent of the Government under which he i~ serving." 4. In section 5 of the said Ordinance,( a ) after cub-section (1) the following sub-section shall be inserted, namely :" ( 1 A ) The ~entr'al Government may empower the Tribunal constituted for any particular area to exercise in relation to British subjects in any Indian State or group of Indian Statee or in any territory in an Indian State in which jurisdiction is exercised by His Majesty through the Crown Representative the functions assigned to such Tribunals by this Ordinance." ; (6) for sub-section (2) and the proviso thereto the followine; shaL1 be substituted, namely :" ( 2 ) A Tribunal shall consist of not b s s than three members appointed by the Central Government, of whom one shall be desiinated as Chairman and of whom the majority shall be gervants of the Crown : Provided that for the purposes of this section oBcers of Company-managed railways shall be deemed to be servants of the Crown." ; (c) after sub-section (2J as amended by the preced ing clause the following sub-section shall be inserted, namely :" (ZA) A person, other than a servant of the Crown, hall be disqualified for Appointment as member of a Tribunal if he is conneoted with the management or operation of any industrial undertaking situated within the jurisdiction of the Tribunal."
LINLITHG0W, Viceroy and CJovernor General.
ORDINANCE No. LIII OF 1942. =,
An Ordinance to make certain provisions relating to the employment of members of His Majesty's forces in- the working and management of railways. (Publi8hed i n the Gazette of India Extraordinary, dated the 8th October, 1942.)
am. 6. c. 2.
3f 1890.
HEREAS an emergency has arisen which renders W i t llecessary to make certain provisions relating to the employment of members of His Majesty's forces , in the working and management of railways ; Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the NinthiSchedule to the Governmellt of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance :1. (I) This Ordinance may be called the Railways Short title, ex(Employment of Military Personnel) Ordinance, 1942. ~ ~ ~ , 8 , " e ~ . m (2) I t extends to the whole of British India. (3) It shall come into force a t once. 2. (2) When any members of His Majesty's forces E m p J o ~ n t are employed to assist a railway admipistration in con- personnel or mili myto _ nection with the service of a railway, then, whether g$$; such employment was before or is after t b commence. admln~etratlon In connection ment of this Ordinance,wlth the servlee of a (a) any provision of the Indian Railways Act, railway. 1890, or of the rules made thereunder, which confers a power, status" or immunity, or imposes a duty or liability upon railway servants as defined for the purposes of the said Act, in connection with the working, use, management and maintenance of railways, , shall be construed as conferring the same power, status or immunity or imposing the same duty or liability as the case may be upon members of His Majesty's forces when so employed ;
( b ) the employment of members of His Majesty's forces in addition to or in place of railway servants as defined for the purposes of the , Indian Prwe ann&
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Rcailuqp (Employment of Military [OED. ~;m OF 1942.1 Persond) Amendment. Indian Railways Act, 1890, shall not affeot IXO ~ I B R ~ . any liability that 'would have attached to the railway administrati~nhad such members been" railway servants (2) Nothing in sub-section ( I ) shall be construed as making applicable to members of His Majesty's forces employed to assist a railway administration the provisions of Chaptor VIA of the Indian Railways Act, 1890, IX of 1890. or as derogating from ally provision of military law regulating the governance, control and discipline of members of His Majesty's forces. ~ m p l o ~ m ~ n t 3. If a t any time the whole df the working, manageof milltar p e n , o o e ~ L ment and maintenance of a railway, or of a specific ',"(P$~$?~!~~~ pqrtion or section of a railway, is assumed by the military tlnn In authorities, the Central Government may notify the fact worklog a rauray. of such assumptionin the official Gmette, and thereupon, 80 long as such assumption continues, the Indian Railways Act, 1890, shall cease to be applicable to the rail- IX of 180(1. way or the portion or section of a railway concornd. LINLITHGOW, Viceroy and G o v e r w General. I
ORDINANCE No. LIV OF 1942. An Ordinance to provide for enabling companies incorporated by or undes the law in force in certain , parts of His 1YIajesty9s dominions outside British India to continue to operate effectively by removal to British India. (Published in the Uazelte of I d i a Extraol'dinary, dated the 8th October, 2942.)
HEREAS an emergency has arisen whicb makes W i t necessary to provide for enabling companim ipcorporated by or under the law in force in certain parts of His Najesty's dominions outside British I n d b to continue to operate effeotively by removal to British India ; I
6 Qea.
s, a 2
Now, THEREFORE, in exercise of the powers oonferred by ~ection72 of the Government of India. Act, as set out in the Ninth Schedule to the Government of India Act, 1936, the Governor General is pleased to make and promdgate the following Ordinance :1. ( I ) This Ordinance may be called the Registra. short tit~ extent en% tion of Transferred Companies Ordinance, 1942. cornmew ment.
(2) It extends to the whole of British India. (3j It shall home into force a t once. 2. (I) If the central Government is satiified as Registration
Qeo. 6.0.4
of
Britiah respects any company incorporated by or under' the In I ndla of law ig force in any Dominion within the meaning of cornpanlea Incorporated the Statute of Westminster, 1931, or in British Burma, elsewhere or in any Colony, or in any British protectorate, or in 2,z,"t,., any territory in respect of which a mandate on behalfdomintom of the League of Nations has been accept9 by His Majesty and is being exercised by His Majesty's GOTernment in the United Kingdom, that it is expedient for any of the purposes specified in sub-section (I)of s ~ t i o n2 of the Defence of India Aot, 1939, to exeroise
the powers conferred on the Central Government by this Ordinance, the Central Government may by order &9ot th&t the compmy shall be registered unfler and in accordance with this Ordinance by a registrar of companies in British India, and, subject to the provisions of this Ordinance, where such a company is so registered, it shall, except so far as the order of the Central Government otherwise provides, be treated for all purposes as if it were a company incorporated under the Indian Companies Act, 1913, and registered under VII that Act in British India and not elsewhere.
of 1918.
(2) Any such order may, in respect of the company to which it relates,-
(a) modify, adapt or exclude any of the provisions of the Indian Companies Act, 1913 ; VII of
1913.
( b ) modify, adapt or exclude any ~rovisionsof the memorandum and articles of association of the company a8 in force immediately before the making of the order, or of any other instrument a8 then in force regulating the constitution or functions of the company ;
(c) contain such transitionil provisions as appear $CI the Central Government to be n e m sary or expedient for enabling th0 company to mrry on or recommence bushes8 outside bhe territory under the law of which it wcls incorporated immediately before the making of the order ; and (a) contain such incidental, supplemental and consequential provisions as appear to the Central Government to be necessary or, expedient for the purposes of ,the order.
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(3) The Central Government may make rule* (a) regulating the manner in which companies are to be registered under this Ordinance and the matters which are to be registered under this Ordiaance in relation h any 'company, and (b) imposing upon registrars of companies under the Indian Companies Act, 1913, such duties vn M 191 in respect of the keeping of registers, books and other d~cumentsrelating to the companies 80 registered as may be specifid in the rules.
'(4) The registration of a company under this Ordinance shall not affect any liability of the company or any other person to income-tax or excess pro6ts tax, and for the purposes of either such tax a company shall not be deemed to be resident in British India by reason only of the fact that the control and management of the affairs of the company is temporar* situated wholly in British India in consequence of the company having been registered in British India under this Ordinance. 3. The powers conferred on the Central Government by section 2, except the power to make rules conferred by sub-section (3) of that section, may, if the Central Government so directs, be exercised in a Governor's Province by the Provincial Government and in a Chief Commissioner's Province by the Chief Commissioner.
LINLITHGOW, Vicerog and Qbve9.nor Qknwal.
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ORINNANCE NO.LV oe 1942, '
An ~rdinbcefuitherto, amena the Women'e Auxiliary Corps Ordinance, -1942. . :,: -- , : . .:.. ,
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(Published in, the Qazette of India Extraordinary, dated. 'the l7tlt October, 1942;) . . .
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WHEREAS
a n emer&moy ba. arieen which makes it necessary further to amend the Women's Auxix J J Jof194e. liary Corps Ordinanoe, 1942, for the purpose hereinafter "pperkg ; . . Now, THEBEFOEE, in exercise .of the powers . conferred by seotion 72 of the Government of Indict ' Aot, $8 ~ e out t in the Ninth Schedulo to the Governse' ueo. 6, a 2. ment of India Act, 1935, the . Governor General is leased t o make end promulgate , t h e following rdinance :. . 1. (1)This ordinance may bs.called t h e Women's and Short commenae title Auxiliary Corps (Second -Amendment) Ordinence, ment. 1942. . (2) It shall oome i n t foroe ~ a t once. 2. 1d seotion, 4 of the Wo'gen's Auxiliary C o r p s ~ f " ~ 4 ~ , " $ Ordinanoe, 1942, for the word eighteen " the word Ord. XI11 Af 104% '< seventeen " shall be substituted. %
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LLNLITHQOW, .
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Viceroy and Governor Benerd, ,
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An Ordinance to make certain provisions respecting the armed forces in British India of foreign Powers allied with His Majesty, and of certain foreign Authorities, (1:ubbZished in the Qazette of I d i a Extraordinary, dated the 26th October, 1942.) w --I
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HEREAS an emergency has arisen which renders W i t necessary to make certain provisions respecting the armed forces in British India of foreign Powers allied with His Majesty, and of certain foreign Authorities ; Now, TEEREBORE, in exercise of the powers conferred by section 72 of the Government of India. Act, as set out in the Ninth GcheduIe to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance :-
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1. (I) This Ordinance may be called the Allied,ForcesShort title Ordinance, 1942. extent and' commence. ment.
(2) It extends to the whole of British India. (3)'It shall come into force a t once. 8. In this Ordinance, unless there is anyhhing Interpretation. repugnant in the subject or context,(a) " foreign force ,, ineans any naval, military br air force for the time being present in British India o~ on board any ship or aircraft of His Majesty's Indian forces, or of forces serving in association with His Majesty's Indian forces, belonging to(i) a foreign Power allied with His Majesty to which thip Ordinance is for the time being applicable, or (ii) a foreign Authority recognised by His Majesty as competent to maintain naval, military or air forces for service in associati011 with His Majesty's forces to which this Ordhance is for the time being applicable ;
Allied Forces.
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Privileges immuqitiea of foreign eonrta and witnesses before them.
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court ", used with reference to a naval, military or air force court exercising jurisdiction by virtue of section 3, or by virtue of the Vict.8 Naval Discipline Act, the Army Act, or the 029$0: Air Force Act, as the case may be, includes d4&is Vict,, a court of inquiry, and any officer who is empowered to review the proceedings of any such court or court of inquiry or to investigate charges or himself to dispose of charges ; and the expressions " order " and " sentence " shall be construed accordingly. 3. (1)Where any naval, military or air forces of any foreign Power allied with His Majesty, to which this Ordinance is for the time being made applicable by the Celitral Governmept by notification in the official , Gazette, are for the time being present in British India or on board any ship or aircraft of His ma jest^'^ Indian forces, or of forces serving in association with His Majesty's Indian forces, the naval, military and air force courts and authorities of that Power may, subject t o the provisions of this Ordinance, exercise within British India, in relation to members of those forces of that Power in matters concerning discipline and . internal administration, all such powers as are conferred upon them by the law of that Power. (2) When any foreign Authority is recopised by His Majesty as competent to maintain naval, military or air forces for service in association with His Majesty's forces, and the Central Government has, by notiiication in the official Gazette, made this Ordinance applicable for the time being to that Authority, the said Authority may, by order made with the concurrence " of the Central Government, confer, whether by reference to the present or former national law of the Authority or, otherwise, up011 naval, military and air force courts and au%horities constituted in accordance with the order all iuch powers as may be ne.cesaary t o secure the discipline and interid administration o$ apy forces so maintained which are for the time being present in .British India, or on board any s$ip or- aircraft of His Majesty's indiaii forces, or of forces serving in assoa ciation with His Majesty's lndian forces. (3) An order made under sub-sectiolz (2) or ally order varying or revoking such an order may be proved by the production of a copy of that order published in the Gazette of India. 4. A naval, military or air force court exercising jurisdiction by virtue of section 3, and witnesses appearing before any such court, shall enjoy the like immunities and privileges as are enjoyed by a court oxercising jurisdiction by virtue of tho Naval Discipline Act, 2s B so 6.109. ' the 2 (9)
Powers of naval, mflitap m a w force courts and authorltles.
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Army Act, or the Air Force Act, as the case may be, and by witnesses appearing before such a court.
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5. When any ordev or sentence has, whether within ~$~~~\P,.$ or without British India, been passed by a court which",~ JI taken is empowered by virtue of section 3 to exercise jurisdic- by foreign tion in British India, then for the purposes of any legal courts. proceedhgs within British India the court shall be deemed to have been properly constituted, and its proceedings shall be deemed to have been regularly conducted, and the order or sentence shall be deemed to be within the jurisdiction of the court and in accordance with the law of the Power or followed by the foreign Authority by whicli the court was constituted, and a sentence if executed according to the tenor thereof shell bc deeined to have been lawfully executed, and any person who is detained in custody in pursuance of any sentence of such a court or pending the determination by such a court of a charge brought against him shall, for the purposes of ally such proceedings as aforesaid, he deeined to be in legal custody.
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6. ( 1 ) For the purposes of ally legal proceedings in British India a certificate signed by the officer corn- f ~ bys manding any foreign force that a member of that force of certlflcate omcer is being detained for either 'of the causes referred to r;z~gr;".i, in section 5 shall be conclusive evidence of the cause of his deteiltion ; and a certificate signed by such an officer . that the persons specified in the certificate are sitting or sat as a court exercising jurisdiction by virtue of section 3 shall bc conclusive evidepce of that fact. (2) hydocument purporting to be a certificate issued for the purpuses of this sectioil and to be signed by such an officer as is referred to in sub-section ( 1 ) ahall be received in evidence and shall, unless the contrary is proved, bo presumed to be ,a certificate by such officer.
'7. (I)On agplica.tion made by or under the autho- tg;%f' sity of the officer commanding any foreign fokce to s oharged with magistrate in British India for the arrest of a member of Offences. such force alleged t o have been guilty of an offence against the law of the Power or followed by the Authority t o which such force belongs, the magistrate may issue a warrant for the amest of such membe~, and such warrtint may direct his delivery when so arrested to the appropriate authorities of the force of hrhich he is a member.
_ (2) On request made by or under the authority of the officer commanding any foreign force to the Central Government the Central Government may, by general or special orders t o any naval, military or air forco of His
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His Majesty in India, direct the members thereof t o arrest members of such first mentioned force allcgod to have been guilty of offences against the law of the Power 01. followed by the Authority to which that force belongs and to hand over any person so arrested t o the appropriate authorities of that force. Securing attendmae of
witnesses before foreiga cost.
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. 8. On applicatiion mado under the authority of a foreign $urt exercising jurisdiction by virtue of section 3 t o a mggistrate in British India to secure the attendanco beforr, i t of a persoil requircd as a witness, fhe magistrate may take ally such steps, whether by tho issue of a stfmrnons or a warrant for arrest o~ other wise,^ directed to dequre the attendance or production of such person before the foreign court and his attendance or pl.oduction a t ally adjonrned bearing until he is released from such attendance by the foreign court, as such magistrate could tako for the attendance or production before himself of s witness ; and if any person fails without reasonable excuse to comply with ally roquirement of a summons issued undcr this section ho shall be liable to the like processes and punishable in the l&e manner as if he had failed to comply with a summons t o appear before thc magistrate himself.
Detention 9. (1) Where a court exercising jurisdiction by t&:rlson$ent virtue of section 3 orders the detention in custody or
the imprisonment of a member of a foreign force, the Central Government may upon the request of tho officer the force order the said member to be g F$;,"s commanding by older of temporarily detained or imprisoned in a military prison a 'Ore'" or detention barrack in India or to be detained or conrt. imprisoned during the whole or any pprt of the te'rm of his sentence in a military 'prison or detention barrack in British India. (2) If where a 4 order of dotention or imprisonment such as is rcferred to in sub-section (1)has been made ' the officer commanding the force does not require that , the detention or imprisonment should be in a military ' prison or deteritio~ibarrack, the Central or a Provincial Government may, Gpon the request of such offic.er, order the person concerned to be detained or imprisoned P in a prison in British India. ' (3) Tho Central Governmeiit, and in the case referred to in subseotion (2) a Provincial Government also, may, after consultation' with the officer commanding the foreign force concerned, by general or special order, make such provision as it thinks necessary for the purpose of giving effect to the provisions . of this section, including provision wit11 respect to the reception of persons to be detained or imprisoned, their return to the officer commandi~lgthe force to which I they ln~rithh lndla of pereons
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Allied J'orces.
they belong, their treatment while so detained or irnj~riuoned (including their treatment in the event of urlsoundness, of mind, and the adjustment to tho I,eims of any sentence passed of the normal conditions governing such detention or imprisonment), and the circumstances under which they aro to be released. 10. The Central Government may au%horise any Relations of foreign authority or person i11 British India to perform, a t the forces to request of the officer commanding any foreign force, c'vi'pOmer. but subject to such limitations as may be specified in the authorisation, any function in relation to that forco and members thereof which such authority or person pmfoims or could perform in relation to or to the members of a naval, militaiy or air force of His Majesty in India of like nature to that force, and for the purpose of the exercise of any such function any power exercisable by virtue of any enactment by such authority or person in relation to or to the members of a naval, military or air force in India shall be aerqisable in relation to the said foreign force and members thereof. 11. ( I ) Any enactment for the time being in force Application in British India which~ ~ (a) exempts, or provides for the exemption of, g$kiyp any vessel, vehicle, aircraft, machine or apparatus of, or employed for the purposes of, His forms. Majesty's forces or any of them from the operation of any enactment ; or (b) in virtue of a connection with His majesty's forces or any of them, confers a privilege or immunity on any person ; or (c) in virtue of such a connection, excepts any property, trade or business, in whole or in part, from the operation of any enactment, or from any tax, rate, ihposition, toll or charge ; or ' (a) imposes upon any person or undertaking obligations in relation to His Majesty's, forces or any of them, or any member or service court a thereof ; or (e) penalises misconduct by any person in relation to His Majesty's forces or any of them, or any member or service court thereof, shall, with necessary modifications, apply in rehition to a forei~nforce as it would apply in relation to a force of his Majesty of a like nature to the foreign force : -a Provided that the Central Government may, by notification in the official Gazette, direct that any such enactment either shall not apply or shall apply with
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1942.1
such exceptions and subject to such adaptations or modifications as may be specified in the notification. (2) A notification under this section h a y apply either generally or in relation to any pitriicular foreign force or in relation to any particular place. 12. ( 1 ) Nothing in section 3 shall affect the jurisdiction of any criminal court in British India to try a member of a foreign force for any act or omissjon constitu.ting an offence against. the law of British India. (2) If a person sentenced by a court exercising jurisdiction by virtue of section 3 to punishment for an offence is afterwards tried by a criminal court in British India in respect of any act or omission which constituted t b t offence, such criminal court shall, in awarding punishment in respect of that act or omission, have regard to any punishment imposed on him by the said sentence. (3) A C O U shall ~ not have jurisdiction by virtue of section 3 to try any person for any act or omission constituting an offence for which he has been acquitted or convicted by a criminal court in British India : Provided that nothing in this sub-section shalL\ apply, to any.proceedings, whether by way of trial or otherwise, taken in such a court against a member of a foreign force convicted by a criminal court in British India where such proceedings are by the law of the foreign Power or foreign Authority concerned necessary for the making against such member' of an order of dismissal from service or degradation in consequonci: of such a conviction. (4) No proceedings in respect of the pay, terms of service or discharge of a member of a foreign force s11all be entertained by any coilrt in British India. LINLITHGOW, Bice~oyund Covern~rGeneral.
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Y ORDINANCE No. LVIf i942. OF
A h Oydincance to make certain provisions respecting
the military and naval forces in British India of the United States of America. (Published in the Gazetie of India Extraordinary, dated the 26th October, 7962.)
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HEREAS an emesgency has arisen which renders it rlecessary, in order to give effect to an agreement recorded in Notes exchanged between the Central Government in British Tndia and the Governinent of the United States of America, relating to jurisdiction over members of the military and naval forces of the U n i t d States of America, to make certain provisions rdpecting those forces in British India ; Now, THEREFORE, in exercise af the powers conferred by section 72 of theiGovernment of India Act, as setx . out in the Ninth Schedule to the Government of India, A&, 1935, the Governor General is pleased to make and promulgate the following Ordinance :1. ( I ) This Ordinance may be called the Allied ,",h;orttti;$ Forces (United States of' America) Ordinance, 1942. oommenmmgnt. (2) I t extends to the whole of British India. (3) I t shall come into force at once. 2. (1) Notwithstanding anything contained in section BU of 12 of the Allied Forces Ordinance, 1942, or elsewhere "pr',"2$\,,, in any law in force in British India, no criminal pro- In British ceedings shall, aubject as hereinafter provided, be proso- Indian courts. cuted in British India before any Court of British India against a member of the military or naval forces of the United States of America : Provided thah upon representationlmade to it on behalf of the Governlhent of the United States of America in any particular case, the Central Government may by ord8r direct that the provisions of this subsection shall not apply in that case. ' (2) Nothing in sub-section (1)shall affect any powers of arrest, search, entry or custody exercisable under the law in force in British India with respect to offencos committed or believed torhave been conlmitted against that law, but wliere a person against whom proceedingfi cannot, by virtue of that sub-section,,be prosecuted before a Court of British India is in the custody of any authority of British India he shall, in accordance with such general or special directions As may be given by or under the authoritg~ofthe Central Government for the purpose of giving .effect.to ally arrangements made'by the Central Government with the Government of
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