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RECIPROCITY ACT

Ministry of Law and Justice

Act nº 9 of 1943


  • Act nº 9 of 1943

Preamble

THE RECIPROCITY ACT, 1943

[Act, No. 9 of 1943]

[AS ON 1956]

[31st March, 1943]

PREAMBLE

An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in {The words certain parts of " omitted by Act 3 of 1951, s.3 and Such.} India by, and the franchise in [.706.The words " certain parts of " omitted by Act 3 of 1951, s.3 and Such.] India of, persons domiciled in British possessions.

WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in [The words " certain parts of " omitted by Act 3 of 1951, s.3 and Such.] India by, and the franchise in [The words " certain parts of " omitted by Act 3 of 1951, s.3 and Such.] India of, persons domiciled in British possessions;

It is hereby enacted as follows:

Section 1. Short title, extent and commencement

(1) This Act may be called the Reciprocity Act, 1943

(2) It extends to the whole of India [The words " except Part BStates " omitted by s.3 and Such., ibid.].

[Subs by Act 22 of 1943, s.2, for the original sub-section.] [(3) It shall come into force on the 1st day of September, 1943.]

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context

[Subs. by s.3, ibid., for the original definition.]

[(a) " British possession " means any part of His Majesty's dominions [The words "exclusive of India " omitted by the A.O.1950.] and includes a protectorate or other territory administered by a British possession as a mandatory on behalf of the League of Nations; and where parts of those dominions are under both a central and a local legislature, the expression shall mean either each part under a local legislature or all parts under the central legislature];

(b) "entry" includes landing at any port in [ Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] [India] during the stay in [Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] [India] of a ship or aircraft on its way to a destination outside

[Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] [India];

[Cl. (c) ins. by the A.O.1950, omitted by s.3 and Such., ibid.]

[ Subs. by Act 22 of 1943, s.4, for the original section.]

Section 3. Power of Central Government to impose reciprocal disabilities on persons domiciled in British possessions

Where by the law or practice of any British possession persons of Indian origin are subject in that British possession to disabilities in respect of entry into, or travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, the carrying on of any occupation, in trade, business or profession, or the exercise of the franchise in, that British possession, to which in respect of the like matters in [[Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] ] [India] persons domiciled in that British possession are not subject in [[Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] ] [India] the Central Government may, by {For such notifications, see Gazette of India, 1944, Extraordinary, pp.14 and 1488.}notification in the Official Gazette direct that the same disabilities or disabilities as similar thereto as may be, shall, notwithstanding anything contained in any other law for the time being in force, be imposed in [[Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] ] [India] on persons not being of Indian origin who are domiciled in that British possession.]

Section 4. Burden of proof on person claiming exemption

If any person alleged to be domiciled in any British possession and to be subject to the provisions of this Act pleads that he is not so domiciled, or that the provisions of this Act do not apply to him, the onus of proving the truth of such a plea shall be on him.

[Subs. by Act 22 of 1943, s.5, for the original section.]

Section 5. Direction imposing disabilities in respect of entry, travel and residence not to apply to armed forces

Any direction made by the Central Government uncle section 3 imposing disabilities in respect of entry into or travel or residence in [Subs. by Act 3 of 1951, s.3 and Such., for " the States ".] [India] upon persons domiciled in a British possession shall not, until the expiry of six months after the termination of the present hostilities, apply to any person domiciled in that British possession who is a member of its armed forces.]

[Subs.by section.6, ibid for the original section.]

Section 6. Power to make rules

[Subs.by section.6, and Sche. for the original section.]

(1) The Central Government may, by notification in the Official Gazette, make {For the Reciprocity (South Africa) Rules, 1944, the Reciprocity (Natal and the Transvaal) Rules, 1944 and the Reciprocity (South Africa) (Local Franchise) Rules, 1944, see Gazette of India, 1944, Extraordinary, pp.1527-1529.} rules for carrying out the purposes of the Act.

(2) In particular and without prejudice to the generality of the foregoing power, rules made under this section may provide-

(a) for the setting up of machinery to ascertain the disabilities in respect of any of the matters specified in section 3 to which persons of Indian origin are subject in any British possession;

(b) for the establishment of a suitable agency to administer the rules and for defining its functions and powers;

(c) for specifying the disabilities that shall, when a direction has been made under section 3, be imposed in [Subs. by Act 3 of 1951, s.3 and Such., for " the States ".][India] on persons not being of Indian origin who are domiciled in any British possession and for the imposition on them of the disabilities so specified;

(d) for the enforcement, by the prescription of a penalty by way of imprisonment or fine or both, of any rule made under clause (c);

(e) for authorizing the arrest of any person contravening or reasonably suspected of contravening any rule made under clause (c), and for prescribing the duties of public servants and others in regard to such arrests.]

1 [(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while

it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

[Ins. by Act 22 of 1943, s.7.]

1. Inserted by Delegated Legislation Provision (Amendment) Act 1986, w.e.f 15-5-86.


Section 7. Repeal of Act 3 of 1924

The Immigration into India Act, 1924 (3 of 1924), is hereby repealed.