Year : 1947
[Act, No. 47 of 1947]
[24th December, 1947]
An Act to provide for the exercise of certain [ Subs by the A.O.1950 for extra-provincial.] [foreign] jurisdiction of the Central Government.
WHEREAS by treaty, agreement, grant, usage, sufferance and other lawful means, the Central Government has, and may hereafter acquire, jurisdiction in and in relation to areas outside [The words "the Provinces of" omitted by the A.O.1950.] India;
It is hereby enacted as follows:-
Section -1 Short title
This Act may be called the [Substituted by the A.O.1950 for "extra-provincial".] [Foreign] Jurisdiction Act, 1947.
Section -2 Definitions
In this Act,-
(a) "[Substituted by the A.O.1950 for "extra-provincial".] [foreign] jurisdiction" means any jurisdiction which by treaty, agreement, grant, usage, sufferance or other lawful means the Central Government has for the time being in or in relation to any area outside [Substituted, ibid for "the Provinces"] [India];
(b) "Jurisdiction" includes rights, power and authority.
Section -3 Exercise of jurisdiction
(1) It shall be lawful for the Central Government to exercise [Substituted by the A.O.1950 for "extra-provincial".] [foreign] jurisdiction in such manner as it thinks fit.
(2) The Central Government may [For such delegation, see Gazette of India, 1948, Pt. I, pp.358 and 431.] delegate any such jurisdiction as aforesaid to any officer or authority in such manner and to such extent as it thinks fit.
Section -4 Power to make orders
(1) The Central Government may, by [For such notifications, see Gazette of India, 1948, Pt. I, pp.44, 80, 201, 248 285, 335, 336, 433, 454, 455, and ibid., Extraordinary, P.75.] notification in the Official Gazette, make such orders as may seem to it expedient form the effective exercise of any [Substituted by the A.O.1950 for "extra-provincial".] [foreign] jurisdiction of the Central Government.
(2) Without prejudice to the generality of the powers conferred by sub-section (1), any order made under that sub-section may provide-
(a) For determining the law and procedure to be observed, whether by applying with or without modifications all or any of the provisions of any enactment in force in any State or otherwise;
(b) For determining the persons who are to exercise jurisdiction, either generally or in particular cases or classes of cases, and the powers to be exercised by them;
(c) For determining the Courts, Judges, Magistrates and authorities by whom, and for regulating the manner in which, any jurisdiction auxiliary or incidental to or consequential on the jurisdiction exercised under this Act is to exercised within any State; and
(d) For regulating the amount, collection and application of fees.
Section -5 Validity of sets done in pursuance of jurisdiction
Every act and thing done, whether before or after the commencement of this Act, in pursuance of any [Subs, by Act A.O.1950 for "extra-provincial".] [foreign] jurisdiction of the Central government area outside [Subs, ibid., for "the Provinces".] [India] shall be a valid as if it had been done according to the local law them in force in that area.
Section -6 Evidence as to existence or extent of jurisdiction
(1) If any proceeding, civil or criminal, in a Court established in [Subs, ibid., for "the Provinces".] [India] or by the authority of the Central Government outside [Substituted, ibid., for "the Provinces".] [India] any question arises to the existence or extent of any [Substituted, by Act A.O.1950 for "extra-provincial".] [foreign] jurisdiction of the Central Government, the jurisdiction to the government of India in the appropriate department shall, on the application of the Court, send to the Court the decision of the Central Government on the question, and that decision shall for the purposes of the proceedings be final.
(2) The Court shall send to the said Secretary, in a document under the seal of the Court or signed by a Judge of the court, questions framed so as properly to raise the question and sufficient answers to those questions shall be returned to the Court by the Secretary and those answers shall on production thereof be conclusive evidence of the matters therein contained.
Section -7 Repeal and saving
(1) The Extra-Provincial Jurisdiction Ordinance, 1947, hereby repealed.
(2) Any order made, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been made, done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 27th day of August, 1947.