Arrest of persons conveying arms, etc., under suspicious circumstances

Where any person found carrying or conveying any arms or ammunition whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are or is being carried by him with intent to use them, or that the same may be used, for any unlawful purpose any magistrate, any police officer or any other public officer or any other public servant or any person employed or working, upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may arrest him without warrant and seize from him such arms or ammunition.

Power to demand production of licence, etc

(1) Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the production of his licence from any person who is carrying any arms or ammunition.

(2) If the person upon whom a demand is made refuses for fails to produce the licence or to show that he is entitled by virtue of this Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from t hat person the arms or ammunition which he is carrying.

(3) If that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant.

Appeals

(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made by, or under the direction of the Government.

(1) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore:

Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The period prescribed for an appeal shall be computer in accordance with the provision of the Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation there under .

(4) Every appeal under this section shall be made by a petition in writing ahs shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed.

(5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed :

Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.

(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

COMMENTS

When an order for revocation or suspension of the arms licence is ‘issued’, the limitation period for filing an appeal well-in-time is "thirty days from the date of ‘service’ of such an order" [Chhatrapal v. The Collector, Fatephur & Anr; AIR 1989 All. 73f (75)].

Variation, suspension and revocation of licences

(1) The licensing authority may very the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.

(3) The licensing authority may by order in writing suspend a licence for such periods it thinks fit or revoke a licence –

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or

(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or

(d) if any of the conditions of the licence has been contravened; or

(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.

(4) The licensing authority may also revoke a licence on the application of the holder thereof.

(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish tot he holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

(6) The authority to whom the licensing authority is subordinate may by order in writing suspend for revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority.

(7) A court conviction the holder of a licence of any offence under this Act or the rules made there under may also suspend or revoke the licence :

Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.

(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.

(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act throughout India or any part thereof.

(10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.

COMMENTS

(i) A licence holder must be given an opportunity of hearing before revocation/suspension of his/her licence. If due to some unavoidable reasons, revocation/ suspension of the arms licence is ordered, it is an obligation on the part of the licencing authority [as u/s2 (f) ] to allow a post-decisional hearing [Kailash Nath v. State of U.P.; AIR 1985 All. 291 (297, 300)].

(ii) However, if it becomes quite apparent to the licensing authority that the possession of arms by the licencee is going to disturb or endanger ‘public peace & safety’, it can straightway and without any further enquiry, revok/suspend such licence. But if the danger is not ‘apparently immediate’ and the licensing authority proceed for further enquiry into the full facts, then it can’t done unless & until, the licensing authority is completely satisfied with its enquiry [Chhanga Prasad Sahu v. State of U.P. & Ors ; AIR . 142 (149)].

(iii) One of the reasons inviting suspension/ revocation of the arms licence can be like, getting proceeded against in a criminal/capital offence [Kapildeo Singh v. State of Bihar.

(iv) The power & jurisdiction of the licensing authority to initiate cancellation of licence’ proceedings, has been vested with the A.D.M. [Lakhan Singh v. Commissioner, Jhansi Div; Jhansi & Ors; AIR 1984 All. 122 (123)].

(v) Before passing an order in writing, the licensing authority must duly record the necessary reasons and if not against the’ public interest’, shall disclose to the licence holder on demand, all such reasons [Anil Kumar Bhunia etc., Petitioners v. UOI & Ors; Respondents; AIR 1982 NOC 198 (Cal.)].
(vi) Suspension/cancellation /revocation of the arms licence shall/can not be retrospective. It should be perspective only [Anil Kumar Bhunia etc., Petitioners v. UOI & Ors. Respondents., AIR 1982 NOC 198 (Cal).].

(vii) Any authority inferior and / or subordinate to such authority which grants the arms licence can not suspend/cancel or revoke it, for if it does so, it will be improper & invalid and against the tenets of law [Anil Kumar Bhunia etc., Petitioner v. U.O.I. & Ors., Respondent; AIR 1982 NOC 198 (Cal).)

Fees, etc., for licence

The fees on payment of which, the condition subject to which and the form in which a licence shall be granted or renewed shall be such as may be prescribed:

Provided that different fee, different conditions and different forms may be prescribed for different types of licences:

Provided further that a licence may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.

Duration and renewal of licence

(1) A licence under section3 shall, unless revoked earlier, continue in force for a period of three years from the dare on which it is granted:

Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the dare on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of section 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.

Refusal of licences

(1) Notwithstanding anything in section 13, licensing authority shall refuse to grant -

(a) a licence under section 3, section 4, or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition:

(b) A licence in any other case under Chapter II,-

(i) where such licence is required by a person whom then licensing authority has reason to believe-

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a licence under this Act, or

(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.

(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

COMMENTS
(i) The Law mandates a refusal to grant licence even if the applicant has duly followed the procedure, where the licensing authority has reason (s) to believe that he is, for any reason, unfit for the licence under the Act. Unfit is used in the context of hardened criminals or those involved in horrendous crimes [Kapildeo Singh v. Distt. Magistrate, Almora & Ors, AIR1987 Pat. 122(125)]

(ii) Under this provision, ‘public peace’ and ‘public safety’ do not imply a stray or an ordinary disturbance of law & order. The licence can be cancelled, suspended or refused on its renewal on the grounds of disturbance or breach of law & order of such a ‘magnitude’ which cannot be ignored as just a stray or an ordinary one. It also depends on the apprehended or actual repercussions [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora & Ors. AIR 1993 All.291].

(iii) As regards the Arms Act, 1959, organic interpretation of its provisions facilitates proper consideration of the right to self defence, present social conditions & correct interpretation of the Constitution so as not to render the statutes/ provisions unconstitutional. In this context, the licence for non-prohibited arm shall be ordinarily allowed with an exception in case of hardened criminals or those involved in horrendous crimes, while the licence for prohibited arms shall not be ordinarily allowed [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora & Ors., 1993 All 291].

(iv) Merely on the ground (s) of implication in petty crime (s) or on the basis of a false F.I.R., the arms licence shall/ cannot be cancelled’/ suspended, for it may be a senile ploy’ to deprive the licence holder of his licensed weapon and disarm him so as to endanger his life. Hence, in such examination of all relevant facts in an essential pre-requisite before cancellation/ suspension of any licence [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora & Ors. AIR 1993 All.291].

Grant of licences

(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

(2) [ Note: Subs. by Act 25 of 1983, s. 6 (w.e.f. 22-6-1983) ] On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may, consider necessary, and after considering the report received under sub-section(2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same.

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deem fit, make such order, after the expiry of the prescribed time, without further waiting for the report].

(3) The licensing authority shall grant -

(a) A licence under section 3 where the licence is required -

(i) By a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of muzzle loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that in muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun a aforesaid for such protection, or

(ii) In respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of rifle club or rifle association licensed or recognised by the Central Government ;

(b) A licence under section 3 in any other case or licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

Comments

(i) As far as the power and discretion of the licensing authority, which includes the Government, is concerned in respect of arms under the general category, it may grant or refuse the licence, even if the procedural nuisances have been fully adhered to [Kapildeo Singh v. State of Bihar & Ors; AIR 1987 Pat. 122(125)].

(ii) For a ‘licensing authority’ as defined u/s 2(f), it is obligatory to grant a licence in an Indian citizen applies for it for the reason of his protection. In that case, refusal to grant it will be unjustified & unsustainable, provided the applicant has duly justified the reason and adhered to the procedures/conditions as laid down in this regard [Ram Khelawan Misra v. State of U.P. & Anr; AIR 1982 All. 283 (284,2850].

(iii) Although there is hardly any provision in the Act or the Rules specifying any time-frame as such, but if an application for a licence for a non-prohibited arm is not disposed of within three (3) months, it will be deemed to have been allowed after the expiry of such a time –frame. The point is to make the licensing authority realise that they can not prolong or linger-on the disposal of such application (s) at their own sweet will [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora &Ors. AIR 1993 ALL. 291].

Power to restrict or prohibit transport of arms

(1) The Central Government may, by notification if the Official Gazette, -

(a) Direct that no person shall transport over India or any part thereof arms or ammunition of such classes and descriptions as may be specified in the notification unless he holds in this behalf a licence issued a accordance with provisions of this Act, and rules made there under; or

(b) Prohibit such transport altogether.

(2) Arms or ammunition trans-shipped at a seaport or an airport in India are transported within the meaning of this section.

Power to prohibit import or export of arms, etc

The Central Government may, by notification in the Official Gazette prohibit the bringing into, or the taking out of, India, arms or ammunition of such classes and descriptions as may be specified in the notification.

Licence for import and export of arms , etc.

(1) No person shall bring into, or take out of India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under:

Provided that –

(a) a person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having , in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition in reasonable quantities for his own private use;

(b) a person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose.

Explanation-For purpose of clause (b) of this proviso, word "tourist" means a person who not being a citizen of India visits India for a period not exceeding six months with no other object than recreation, sight-seeing, or participation in a representative capacity in meetings convened by the Central Government or in international conferences, associations or other bodies.

(2) Notwithstanding anything contained in the proviso to subsection (1) where the collector of customs or any other officer empowered by the Central Government in this behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person who claims that such clause is applicable to him or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto.

(3) Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming a part of India, are taken out of, and brought into, India within the meaning of this section.

Prohibition of acquisition or possession by, or of sale or transfer to young persons and certain other persons of fire arms, etc

(1) Notwithstanding anything in the foregoing provisions of this Act -

(a) No person,-

(i) Who has not completed the age of [twenty-one years], or

(ii) Who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for [ [ Note: Subs. by Act 25 of 1983, s. 5 (w.e.f. 22-6-1983) ] any terms] at any time during a period of five years after the expiration of the sentence, or

(iii) Who has been ordered to execute under Chapter VIII of the [ [ Note: Subs. by Act 25 of 1983, s. 5 (w.e.f. 22-6-1983) ] Code of Criminal Procedure, 1973 (2of 1974)] a bond for keeping the peace or for good behavior, at any time during the term of the bond.

Shall acquire, have in his possession or carry any firearm or ammunition;

(b) No person shall sell or transfer any firearm or ammunition to , or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe—

(i) To be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or

(ii) To be of unsound mind at the time of such sale or transfer, or such conversion, repair, test of proof.

(2) Notwithstanding anything in sub-clause (I) of clause (a) of sub-section (1), a person who has attained the prescribed age – limit may use under prescribed condition such firearms as may be prescribed in the course of his training in the use of such firearms:

Provided that different age –limits may be prescribed in relation to different types of firearms.

Prohibition of sale or transfer of firearms not bearing identification marks

(1) No person, shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm.

(2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturer’s number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government.

(3) Whenever any person has in his possession any firearms without such name, number or other identification mark on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark ;

Provided that in relation to a person who has in his possession at the commencement of this Act any firearms without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this sub-section shall not take effect until after the expiration of one year from such commencement.

Prohibition of acquisition or possession, or of manufacture or sale, or prohibited arms or prohibited ammunition

No person shall –

(a) acquire, have in his possession or carry; or

(b) [ [ Note: Subs. by Act 42 of 1988, s. 4 (w.e.f. 27-5-1988) ] use, manufacture,] sell, transfer, convert, repair, test or prove ; or

(c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair test for proof,

any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.

Licence for the shortening of guns or conversion of imitation firearms into firearms

No person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under.

Explanation – In this section, the expression ‘imitation firearms" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not.

Licence for manufacture, sale, etc., of arms and ammunition

(1) [ Note: Section 5 renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered the proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ] No person shall -

(a) [ [ Note : Subs by Act 42 of 1988, s. 3 (w.e.f. 27-5-1988) ] use, manufacture,] sell, transfer, convert, repair, test or prove, or

(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion repair, test or proof,

any firearms or any other arms of such class or description as may be prescribed or any ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under.

[ Note: Section 5 renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered the proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ]

(2) [ Note: Subs by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983) ] Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act, or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition :

Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be sold or transferred by any person unless –

(a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and

(b) a period of not less than forty-five days has expired after the giving of such information.]

Comments

Article 21 of the Indian Constitution does not cover the right of an individual to acquire and possess fire-arms, though the fundamental right of protection of life and personal liberty comes well within its ambit. On the contrary, unlike in U.S.A. [S.C. of U.S.A. in Presser v. Illinois (1884-85), it is not a matter of right here but rather a privilege, subject to the provisions of this Act. However, due to ever-growing mafia-clout and gangsters resulting in an open and insane use of deadly weapons, the fundamental right to possess / bear arms provided by the ‘Second Amendment to the American Constitution’ has come under sharp and bitter-criticism. The bite of the mafia has proved to be worse than the ‘bark’ of the law-makers espousing such provisions for dealing with the security and law and order of the State.

Licence for acquisition and possession of arms of specified description in certain cases

If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under.

Comments

Lead in the ‘raw shape/form’ i.e. when used for industrial or manufacturing purposes, is excluded from the ambit of this provision. But if it takes the shape / form of a finished product like bullet or even empty cartridges, it comes under the definition of ‘ammunition’. However, lead in the form of a finished product like pencil is also excluded for such purposes.

Licence for acquisition and possession of firearms and ammunition

[ Note: S. 3 renumbered as sub section (1) thereof by Act 25 of 1983, s. 3 (w.e.f. 22-6-1983) ] (1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under :

Provided that a person may, without himself holding a licence carry any firearms or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.

(2) [ Note: Ins. by s. 3., ibid., (w.e.f. 22-6-1983) ] Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession to carry, at any time, more than three firearms:

Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such, commencement the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section(1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.

(3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.

(4) The provisions of sub-section (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section(2) as they apply in relation to the deposit of any arms or ammunition under sub-section (1) of that section.]

Comments

The power & jurisdiction of the licensing authority to initiate ‘cancellation of licence’ proceedings, has been vested with the A.D.M. (Lakhan Singh v. Commissioner, Jhansi Div., Jhansi & Ors.; AIR 1984 All. 122 (123)]

Definition and interpretation

(I) in this Act, unless the context otherwise requires -

(a) "acquisition " with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift;

(b) "ammunition" means ammunition for any firearms, and includes-

(i) rockets, bombs, grenades, shells [ (Note: Subs. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) ) and other missiles,]

(ii) articles designed for torpedo service and submarine mining,

(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,

(iv) charges for firearms and accessories for such charges

(v) fuses and friction tubes,

(vi) parts of, and machinery for manufacturing, ammunition,

(vii) such ingredients of ammunition as the Central Government may, by notification if the Official Gazette, specify in this behalf;

( c) "arms" means articles of any description designed or adapted as weapons for offences, or defence, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing arms, but does not include articles designated solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or being converted into serviceable weapons;

Comments

Articles used mainly for agricultural or domestic purpose e.g. lathi, walking stick or scissors (for tailoring) or kept for religious nuisance, are not covered under this provision. However, articles particularly ‘designed and adapted’ for use as weapons for offensive and/or defensive purposes e.g. Ganasa, are well within the ambit of this provision [Ram Rattan Puran Singh, Appellant v. The State, Respondent; AIR 1968 Punj. & Har. 520 (521) V 55 C118]. In this case, the appellant, with whom Bhanjo, daughter-in-law of Sawan Singh, had developed illicit relationship, was heading towards Bhajno’s husband’s house, armed with a Gandasa, for obvious reasons and motives. But on the way, Sawan Singh intercepted and tried to reason with him whereupon the appellant warned him to keep aloof or face his wrath. Then the appellant inflicted grave injuries on the unarmed old man. However, Bhajno’s husband came running on the spot, hearing Sawan Singh’s cries and shouting for help,l and in exercise of the right of self defence, he injured the appellant with another Gandasa. So, Gandasa was used for both offensive and defensive purposes, bringing it well within the ambit of the definition of ‘arms’.

(d) [ Note: Subs. by Act 55 of 1971, s. 2, for the former clause.] "district magistrate" in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or parts;)

(e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes, --

(i) Artillery, hand-grendades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such things,

(ii) accessories for any such firearms designed or adapted to diminish the noise or flash caused by the firing thereof,

(iii) parts of, and machinery for manufacturing, firearms, and

(vi) carriages, platforms and appliances for mounting, transporting and serving artillery;

(f) "licensing authority" means an officer of authority empowered to grant or renew licences under rules made under the Act, and includes, the Government ;

(ff) [ Note : Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983) ] "magistrate" means an Executive Magistrate under the Code of Criminal Procedure 1973 (2 of 1974) ; )

(g) "prescribed" means prescribed by rules made under this Act;

(h) "prohibited ammunition" means any ammunition, containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, ( [Note : Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988) ] missiles) articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition ;

(i) "prohibited arms" means –

(i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missile is empty, or

(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms ;

(j) "public servant" has the same meaning as in Section 21 of the Indian Penal Code (45 of 1860) ;

(k) "transfer" with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession.

(2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing.

(3) Any reference in the Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.

Short title, extent and commencement

(1) This Act may be called the Arms Act, 1959.

(2). It extends to the whole of India.

(3). It shall come into force on such date [ Note: 1st October, 1962, vide Notification No. G.S.R. 992, dated 13-7-1962, see Gazette of India, Pt. II, sec. 3(i) p. 1092. ] as the Central Government may, by notification in the Official Gazette, appoint.

Armed Forces (Special Powers) Act, 1958

Armed Forces (Special Powers) Act, 1958

[Act No. 28 of 1958]

[11th September, 1958]

STATEMENT Of OBJECTS AND REASONS

An Ordinance entitled the Armed Forces ( Assam and Manipur) Special Powers Ordinance, 1958, was promulgated by the President on the 22nd May, 1958. Section 3 of the Ordinance empowers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union Territory of Manipur, as the case may be, to be a disturbed area. On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area, the powers conferred by Sections 4 and 5 of the Ordinance. The Bill seeks to replace the Ordinance.- See Gaz. of India, 11-8-1958, Pt. II-S. 2, Ext. p. 714 (No. 26).

An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of 1[ Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

1. Subs. for the words “Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh” by the State of Arunachal Pradesh Act (69 of 1986), S. 43 (20-2-1987).



2. Definitions

In this Act, unless the context otherwise requires,-

(a) "armed forces" means the military forces and the air forces operating as land forces, and includes any other armed forces of the Union so operating.

(b) "disturbed area" means an area which is for the time being declared-by notification under 3. to be a disturbed area;

(c) all other words and expressions used herein but not defined, and defined in the Air Force Act, 1950-, or the Army Act, 1950-, shall have the meanings respectively assigned to them in those Acts.

3. Power to declare areas to be disturbed areas.
1[3. Power to declare areas to be disturbed areas.

If, in relation to any State or Union Territory lo which this Act extends, the Governor of that State or the Administrator of that Union Territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union Territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be, may, by notification in the Official Gazette, declare the whole or such part of such State or Union Territory to be a disturbed area].

1. Subs. by Act 7 of 1972 sec. 4 (w.e.f. 5-4-1972)



4. Special powers of the armed forces.

Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,-

(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;

(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence;

(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;

(d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to, be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

5. Arrested persons to be made over to the police.

Any person arrested and taken into custody under this Act shall be made over to the, officer in charge of the nearest police station with the least possible delay, together with a report. of the circumstances occasioning the arrest.

6. Protection to persons acting under Act.

No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act

7. Repeal and Saving
[Repealed by Amending and Repealing Act 1960 (58 of 1960) First Schedule Sec. 2 ( 26-12-1960)]

a

Admiralty Offences (Colonial) Act, 1849

Admiralty Offences (Colonial) Act, 1849

12 of 1849

1st August, 1849

An Act to provide for the Prosecution and Trial in Her Majesty's Colonies of Offences committed within the Jurisdiction of the Admiralty. [Preamble.- Repealed by 54 and 55 Vict, C. 67.]



2. Repealed.

[Repealed by 54 and 55, Vict., c. 67.]

3. Provision, etc., where death in the colony, or at sea, etc., follows from injuries inflicted on the sea, etc.

1[* * *] Where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, poisoned, or hurt upon the sea or in any haven, creek, or place where the admiral or admirals have power, authority, or jurisdiction, or at any place out of such colony, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of man slaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony, in the same manner and in all respects as if such offence had been wholly committed in that colony: and if any person in any colony shall be charged with any such offence as afore said in respect of the death of any person who, having been feloniously stricken, poisoned or otherwise hurt, shall have died of such stroke, poisoning, or hurt, up on the sea, or in any haven, river, creek or place where the admiral or admirals have power, authority or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.

1. Introductory words were repealed by 54 and 55 Vict., c. 67.



4. Omitted.

[Omitted as being inapplicable to India.]

5. Interpretation of "colony".

1[* * *] For the purposes of this Act the word "colony" shall mean any island, plantation, colony, dominion, fort or factory of Her Majesty, except any island within the United Kingdom and the Islands of Man, Guernsey, Jersey, Alderney and Sark, and the lands adjacent thereto respectively 2[* * *].

1. Introductory words were repealed by 54 and 55 Vict., c. 67.

2. And includes British India; see 23 and 24 Vict., c. 88, S. I, page 22a, supra.



6. Repealed.

[Repealed by 41 and 42 Vict., c. 79.]

The Anand Marriage Act, 1909

The Anand Marriage Act, 1909

THE ANAND MARRIAGE ACT, 1909

[Act No. 7 of 1909]

[22nd October 1909]

An Act to remove doubts as to the validity of the marriage ceremony common among the Sikhs called Anand.

Whereas it is expedient to remove any doubts as to the validity of the marriage ceremony common among the Sikhs called Anand;

It is hereby enacted as follows:



2. Validity of Anand Marriage.



All marriages, which may be or may have been duly solemnized according to the Sikh Marriage ceremony called Anand shall be and shall be deemed to have been with effect from the date of the solemnization of each respectively, good and valid in law.



3. Exemption of certain marriages from Act.

Nothing in this Act shall apply to-

(a) Any marriage between persons not professing the Sikh religion, or

(b) Any marriage, which has been judicially declared to be null and void.



4. Saving of marriages solemnized according to other ceremonies.

Nothing in this Act shall affect the validity of any marriage duly solemnized according to any other marriage ceremony customary among the Sikhs.



5. Non-validation of marriages within prohibited degrees.

Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or affinity, which would, according to the customary law of the Sikhs, render a marriage between them illegal.

The Aircraft (Amendment) Act, 2000

1. Short title and commencement.

(1) This Act may be called the Aircraft (Amendment) Act, 2000

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint

2. Amendment of section 11A of Act 22 of 1934.

In section 11A of the Aircraft Act, 1934, for the words "with fine which may extend to one thousand rupees", the words "with fine which may extend to ten lakh rupees" shall be substituted.

The Agriculturists Loans Act, 1884

The Agriculturists Loans Act, 1884

[Act No. 12 of 1884] 1

[24th July, 1884.]

1. It has been amended in -- C.P.and Berar by C.P.& Berar Acts 34 of 1947 and 54 of 1949; Coorg by Coorg Act 3 of 1936; Madras by Madras Act 16 of 1935; Orissa by Orissa Act 6 of 1937; and U.P by U.P.Acts 12 of 1922, 12 of 1934 and 12 of 1948.

An Act to amend and provide for the extension of the Northern India Takkavi Act, 1879.

WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879, and provide for its extension to [other [Part A States or Part C States] ]; It is hereby enacted as follows.-- (Preamble.)

1. Subs. by the A.O.1948, for "any part of British India ".

2. Subs. by the A.O.1950, for provinces of India ".

2. Local extent .

(1) This section and section 3 extend to the whole of India except Part B States.

(2) The rest of this Act extends in the first instance only to 1[ Bombay, Uttar Pradesh , Punjab, the Central , Provinces , Assam , Delhi and Ajmer-Merwara.]

(3) But any State Government may, from time to time, by notification in the Official Gazette, extend the rest of this Act to the whole or any part of the territories under its administration.

1. Subs. by the A.O.1948, for original words.

3. Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.

Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

4. Power for State Government to make rules.

(1) State Government 1[or, in a State for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner, Subject to the control of the State Government] may, from time to time, 2make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the Land Improvement Loans Act, 1883, but connected with agricultural objects.

(2) All such rules shall be published in the Official Gazette.

1. Ins. by the Act 4 of 1914, s.2 and Sch.Pt.I.

2. The words "subject to the control of the G.G.in C." rep.ibid.

5. Recovery of loans.

Every loan made in accordance with such rules, all interest (If any) chargeable thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan and made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.

6. Liability of joint-borrowers as among themselves.

When a loan is made under this Act, to the members of a village community or to any other persons such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed , marked, or sealed by each of them or his agent duly authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.

The Agriculturists Loans Act, 1884

The Agriculturists Loans Act, 1884

[Act No. 12 of 1884] 1

[24th July, 1884.]

1. It has been amended in -- C.P.and Berar by C.P.& Berar Acts 34 of 1947 and 54 of 1949; Coorg by Coorg Act 3 of 1936; Madras by Madras Act 16 of 1935; Orissa by Orissa Act 6 of 1937; and U.P by U.P.Acts 12 of 1922, 12 of 1934 and 12 of 1948.

An Act to amend and provide for the extension of the Northern India Takkavi Act, 1879.

WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879, and provide for its extension to [other [Part A States or Part C States] ]; It is hereby enacted as follows.-- (Preamble.)

1. Subs. by the A.O.1948, for "any part of British India ".

2. Subs. by the A.O.1950, for provinces of India ".

2. Local extent .

(1) This section and section 3 extend to the whole of India except Part B States.

(2) The rest of this Act extends in the first instance only to 1[ Bombay, Uttar Pradesh , Punjab, the Central , Provinces , Assam , Delhi and Ajmer-Merwara.]

(3) But any State Government may, from time to time, by notification in the Official Gazette, extend the rest of this Act to the whole or any part of the territories under its administration.

1. Subs. by the A.O.1948, for original words.

3. Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.

Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

4. Power for State Government to make rules.

(1) State Government 1[or, in a State for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner, Subject to the control of the State Government] may, from time to time, 2make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the Land Improvement Loans Act, 1883, but connected with agricultural objects.

(2) All such rules shall be published in the Official Gazette.

1. Ins. by the Act 4 of 1914, s.2 and Sch.Pt.I.

2. The words "subject to the control of the G.G.in C." rep.ibid.

5. Recovery of loans.

Every loan made in accordance with such rules, all interest (If any) chargeable thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan and made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.

6. Liability of joint-borrowers as among themselves.

When a loan is made under this Act, to the members of a village community or to any other persons such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed , marked, or sealed by each of them or his agent duly authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.

The Acting Judges Act, 1867

An Act to authorize the making of acting appointments to certain Judicial Offices 1

WHEREAS the Governor General of India in Council or the Local Government, as the case may be, is empowered by divers enactments to appoint the Judges of certain Courts 2And whereas it has been doubted whether he or it is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such doubts; It is hereby enacted as follows:—

1. This Act has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:

The Districts of Hazáribágh, Lohárdaga (now the Ranchi Districts, see Calcutta Gazette, 1899, Pt.I, p.44), and Mánbhum, and Pargana Dhálbhum and the Kolhán in the District of Singbhum—see Gazette of India, 1881, Pt.I, p.504.

This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949) and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), s.2.}

2.The words "in the Provinces" were omitted by the A.O.1950.



2. Certain enactments to be construed as if they contained a clause like section 1 of this act.

Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.

The Absorbed Areas (Laws) Act, 1954

The Absorbed Areas (Laws) Act, 1954

NO.20 OF 1954

[ 30th April, 1954]

An Act to extend certain laws to the areas which, prior to the commencement of the Constitution, were administered as excluded or partially excluded areas and which, on such commencement ,were absorbed in certain States.

BE it enacted by Parliament as follows:-

2. Definitions.

In this Act, unless the context otherwise requires,-

(a) " Absorbing State" in relation to an absorbed area means a State specified in the heading of the Schedule in which that absorbed area is specified;

(b) "Absorbed area" means an area specified in column 2 of the Schedule.

3. Extension of Laws.

The Acts specified in column I of each of the Schedules and all rules, notifications, orders, schemes, forms and byelaw made thereunder, as in force in the absorbing State specified in the heading of that Schedule, are hereby extended to, and shall be in force in the absorbed areas specified in column 2 of that Schedule.

SCHEDULE I. BIHAR

THE SCHEDULES

(See sections 2 and 3)

SCHEDULE I

BIHAR

Name of the Act


The absorbed areas

1


2

The Requisitioned Land (Apportionment of Compensation) Act, 1949 (L1of 1949).


1. Hazaribagh and Manbhum Districts.

2. Sadar Sub-Division of the Palamau District.

3. Dhalbhum Sub-Division of the Singhbhum District

4. Godda and Deoghar Sub-Divisions of the Santal Parganas District.

SCHEDULE II. BOMBAY

SCHEDULE II

BOMBAY

Name of the Act


The absorbed areas

1


2

1. The Indian Extradition Act, 1903 (XV of 1903).


1. Shahda, Nandurbar and Taloda Taluka of the West Khandesh District.

2. The Whipping Act, 1909 (IV of 1909).


2. The Dohad Taluka and the Jhalod Mahal of the Panch Mahal District.

3. The Police (Incitement of Disaffection) Act, 1922 (XXII of 1922).




4. The Cotton Transport Act, 1923 (III of 1923).




5. The Port Haj Committees Act, 1932 (XX of 1932).




6. The Seaward Artillery Practice Act, 1949 (VIII of 1949).




SCHEDULE III. ORISSA

SCHEDULE III

ORISSA

Name of the Act


The absorbed areas

1


2

1. The Metal Tokens Act, 1889 (I of 1889).


Angul.

2. The white Phosphorus Matches Prohibition Act, 1913 (V of 1913).

3. The Indian Emigration Act, 1922 (VII of 1922).

4. The Coal Grading Board Act, 1925 (XXXI of 1925).

5. The Coal mines Provident Fund and Bonus Schemes Act, 1948 (XLVI of 1948).

SCHEDULE IV. UTTAR PRADESH

SCHEDULE IV

UTTAR PRADESH

Name of the Act


The absorbed areas

1


2

1.The Indian Power Alcohol Act, 1948 (XXII of 1948).


Jaunsar Bawar Parganas in Dehra Dun District and the areas of south of Kaimpur range in the Mirzapur District.

2.The Employees' State Insurance Act, 1948 (XXXIV of 1948).

SCHEDULE V. WEST BENGAL

SCHEDULE V

WEST BENGAL

Name of the Act


The absorbed areas

1


2

1.The Requisitioned Land (Apportionment of Compensation) Act, 1949 (LI of 1949).


Darjeeling District

2.The West Bengal Raw Jute Futures Act, 1948 (West Bengal Act No.XXV of 1948).

Authoritative Texts (Central Laws) Act, 1973

Authoritative Texts (Central Laws) Act, 1973

[Act No. 50 of 1973]

STATEMENT OF OBJECTS AND REASONS

Authorized translations of the various Central laws in State official languages would be extremely useful to the general public and also for official purpose; of the States, which have adopted languages other than Hindi and English as official languages of their States. Therefore when the Official Language (Legislative) Commission was first constituted w 1961, it was also entrusted with the function of arranging for translation of Central Acts, Ordinances and Regular Ions into various official languages of the States. According to the existing arrangements, the translations in a State official language is prepared by or under the auspices of the Government of the State concerned and finalised by the official Language (Legislative) Commission in consultation with the translating authority. In the absence of any legal provision for their authentication and publication, such translations can have no legal status and their utility would be limited. It is, therefore, necessary to make provision for the publication of authorized translations of Central Acts, Ordinances as also of orders, rules, regulations and bye-laws issued under the Constitution or under any Central Act, in State official languages. Hence this Bill.-S.O.R.-Gaz. of Ind., 22-11-1972, Pt. II, S. 2, Ext., P. 1153.

Act 18 of 1988. - Under Section 2 of the Authorized Translations (Central Laws) Act 1973, a translation in any language, other than Hindi, specified in the Eighth Schedule to the Constitution and published under the authority of the President of any Central Act or of any Ordinance promulgated by the President or of any order, rule. Regulation or bye-law issued under the Constitution or under any Central Act shall be deemed to be the authorized translation thereof in such language.

2. Section 5(1) of the Official Languages Act. 1963 provides for authoritative texts in Hindi of Central Act, etc. At present, there is no provision in the Authorized Translations (Central Laws) Act, 1973 for providing authoritative texts of Central Act, etc., in the languages, other than Hindi, specified in the Eighth Schedule to the Constitution. As. 'much, these cannot be quoted in Courts of law. There has also been a general demand for authoritative texts of Central Acts, etc., in the languages, other than Hindi, specified in the Eighth Schedule to the Constitution. The proposed amendment is being brought forward lo fulfill this demand. This will enable the authoritative texts of Central Acts, etc., in the languages, other than Hindi, specified in the Eighth Schedule to the Constitution to be quoted in the Courts of law and facilitate the use of these languages in Courts of law iodated in Stales where such languages are the official languages.-S.O.R.-Gaz. of Ind., 31-8-1987, Pt. II. S. 2, Ext. P. 58 (No. 45).

An Act to provide for [authoritative texts] of Central laws in certain languages.

Be it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-

2. Authoritative texts of Central laws in certain languages.

A translation in any language(other than Hindi) specified in the Eighth Schedule to the Constitution, published under the authority of the President in the Official Gazette,-

(a) of any Central Act or of any Ordinance promulgated by the President, or

(b) of any order, rule, regulation or bye-law issued under the Constitution or under any Central Act, shall be deemed lo be the 1[authoritative texts] thereof in such language

1. Substituted for the words "authorized translations" by the Authorized Translations (central Laws) Amendment Act (18 of 1988), S. 4 ( 31-3-1988 ).

3. Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes this Act.

(2) Every rule made under this section shall be lad, 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 algidity of anything previously under that rule.

Assam State Legislature (Delegation Of Powers) Act, 1981

Assam State Legislature (Delegation Of Powers) Act, 1981

38 of 1980

11th July, 1980

An Act to confer on the President the power of the Legislature of the State of Assam to make laws Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows :-

2. Definition

In this Act, "Proclamation" means the Proclamation issued on the 12th day of December, 1979, under Article 356 of the Constitution-, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 688 (E) of the said date.

3. Conferment on the President of the power of the State Legislature to make laws
(1) The power of the Legislature of the State of Assam to make laws, which has been declared by the Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.

(2) In the exercise of the said power, the President may, from time to time, whether Parliament is or is not in session, enact, as a President's Act, a Bill containing such provisions as he considers necessary :

Provided that before, enacting any such Act, the President shall, whenever he considers it, practicable to do so, consult a Committee constituted for the purpose, consisting of thirty members of the House of the People nominated by the Speaker and fifteen members of the Council of States nominated by the Chairman.

(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parliament.

(4) Either House of Parliament may, by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3), which period may be comprised in one session or in two successive sessions, directs any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2):

Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken there under before it is so amended.

Assam State Legislature (Delegation Of Powers) Act, 1980

Assam State Legislature (Delegation Of Powers) Act, 1980

38 of 1980

11th July, 1980

An Act to confer on the President the power of the Legislature of the State of Assam to make laws Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows :-

2. Definition

In this Act, "Proclamation" means the Proclamation issued on the 12th day of December, 1979, under Article 356 of the Constitution-, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 688 (E) of the said date.

3. Conferment on the President of the power of the State Legislature to make laws
(1) The power of the Legislature of the State of Assam to make laws, which has been declared by the Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.

(2) In the exercise of the said power, the President may, from time to time, whether Parliament is or is not in session, enact, as a President's Act, a Bill containing such provisions as he considers necessary :

Provided that before, enacting any such Act, the President shall, whenever he considers it, practicable to do so, consult a Committee constituted for the purpose, consisting of thirty members of the House of the People nominated by the Speaker and fifteen members of the Council of States nominated by the Chairman.

(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parliament.

(4) Either House of Parliament may, by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3), which period may be comprised in one session or in two successive sessions, directs any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2):

Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken there under before it is so amended.

Assam Alienation Of Land (Regulation) Act, 1980

Assam (Alteration Of Boundaries) Act, 1951

47 of 1951

1st September,1951

STATEMENT OF OBJECTS AND REASONS "By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-

"The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949". This Bill is designed to effect the transfer in accordance with the Constitution"-Gaz. Ind. 1951,Pt.ll-Sec.2,Page 35S.An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-

2. Alteration of the Boundaries of Assam .

On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.

3. Amendment of the First Schedule to the Constitution.

In the first paragraph of Part A of the First Schedule to the Constitution, under the heading "TERRITORIES OF STATES", after the words "Assam Tribal Areas," the following words shall be inserted, namely:-"but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-"

SCHEDULE. See section 2

SCHEDULE 1

THE SCHEDULE

(See section 2)

The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.

Assam Alienation Of Land (Regulation) Act, 1980

Assam (Alteration Of Boundaries) Act, 1951

47 of 1951

1st September,1951

STATEMENT OF OBJECTS AND REASONS "By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-

"The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949". This Bill is designed to effect the transfer in accordance with the Constitution"-Gaz. Ind. 1951,Pt.ll-Sec.2,Page 35S.An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-

2. Alteration of the Boundaries of Assam .

On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.

3. Amendment of the First Schedule to the Constitution.

In the first paragraph of Part A of the First Schedule to the Constitution, under the heading "TERRITORIES OF STATES", after the words "Assam Tribal Areas," the following words shall be inserted, namely:-"but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-"

SCHEDULE. See section 2

SCHEDULE 1

THE SCHEDULE

(See section 2)

The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.

Assam (Alteration Of Boundaries) Act, 1951

Assam (Alteration Of Boundaries) Act, 1951

47 of 1951

1st September,1951

STATEMENT OF OBJECTS AND REASONS "By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-

"The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949". This Bill is designed to effect the transfer in accordance with the Constitution"-Gaz. Ind. 1951,Pt.ll-Sec.2,Page 35S.An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-

2. Alteration of the Boundaries of Assam .

On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.

3. Amendment of the First Schedule to the Constitution.

In the first paragraph of Part A of the First Schedule to the Constitution, under the heading "TERRITORIES OF STATES", after the words "Assam Tribal Areas," the following words shall be inserted, namely:-"but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-"

SCHEDULE. See section 2

SCHEDULE 1

THE SCHEDULE

(See section 2)

The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.

Arbitration (Protocol And Convention) Act, 1937

Arbitration (Protocol And Convention) Act, 1937

6 of 1937

4th March, 1937

STATEMENT OF OBJECTS AND REASONS "The Government of India have had for some time past under consideration the question of India's adherence to the Geneva Protocol on Arbitration Clauses (1923) and the International Convention on the Execution of Foreign Arbitral Awards (1927).

The object of these Instruments is to meet the widely expressed desire of the commercial world that arbitration agreements should be ensured effective recognition and protection. A large number of countries including many of first class commercial and industrial importance, e.g.. the United Kingdom, France, Germany, the Netherlands, have adhered to these Instruments. After consulting Local Governments. High Courts and commercial bodies, a majority of whom were found to be in fad our of India's accession to these Instruments, the case was placed before the Commerce Department Standing Advisory Committee of the Legislature who recommended that India should adhere to the Instruments. These have accordingly been signed at Geneva on behalf of India, subject to reservations limiting India's obligations under the Instruments to commercial contracts and excluding the Indian States from the scope of the Instruments. The Instruments provide for their ratification by a contracting party before they are enforced in respect of that party. Prior to ratification it is necessary to enact legislation to implement certain obligations contracted under these Instruments, and the present Act incorporates the legislation needed in this respect". –

Gazette of India, 1936, Part V, p. 101.An Act to make certain further provisions respecting the law of arbitration nib [ India]. WHEREAS India was a State signatory to the Protocol on Arbitration Clauses set forth in the First Schedule, and to the Convention on the Execution of Foreign Arbitral Awards set forth in the Second Schedule, subject in each case to a reservation of the right to limit its obligations in respect thereof to contracts which are considered as commercial under the law in force nib[India]; AND WHEREAS it is expedient, for the purpose of giving effect to the said Protocol and of enabling the said Convention to become operative nib[India], to make certain further provisions respecting the law of arbitration: It is hereby enacted as follows:-

2. Interpretation

In this Act- 1[* * * * *] 1[ * ] "foreign award" means an award on differences relating to matters considered as commercial under the law in force in 2[India] made after the 28th day of July, 1924,-

(a) in pursuance of an agreement for arbitration to which the Protocol set forth in the First Schedule applies, and

(b) between persons of whom one is subject to the jurisdiction of some one of such powers as the 3[Central Government], being satisfied that reciprocal provisions have been made, may, by notification 4in the 3[Official Gazette], declare to be parties to the Convention set forth in the Second Schedule, and of whom the other is subject to the jurisdiction of some other of the powers, aforesaid, and

(c) in one of such territories as the 3[Central Government], being satisfied that reciprocal provisions have been made, may, by like notification, declare to be territories to which the said convention applies; and for the purposes of this Act an award shall not be deemed to be final if any proceedings for the purposes of contesting the validity of the award are pending in the country in which it was made.

1. The figure "(1)". the definition of the word "States" and figure "2", inserted by A. L. 0., 1950. were omitted by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. ( 1-4-1951 ).

2. Substituted for "the States", by the Part B States (Laws) Act, 1951.

3. Substituted by A L. 0., 1937.

4. For such notification, see Gazette of India, 1938, Part I, page 24.



3. Stay of proceedings in respect of matters to be referred to arbitration.

Notwithstanding anything contained in the 1[Arbitration Act, 1940-], or in the Code of Civil Procedure, 1908-, if any party to a submission made in pursuance of an agreement to which the Protocol set-forth in the First Schedule as modified by the reservation subject to which it was signed by India applies, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission or any person claiming through or under him in respect of-any matter agreed to be referred, any party to such legal proceedings may at any time after appearance and before filing a written statement or taking any other steps in-the proceedings, apply to the Court to stay the proceedings and the Court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.

1. Substituted for the words "Indian Arbitration Act, 1899" by the Repealing and Amending Act, 1940 (32 of 1940). S. 3 and Sch. II.



4. Effect of foreign awards.

(1) A foreign award shall, subject to the provisions of this

Act, be enforceable in 1[ India] as if it were an award made on a matter referred to arbitration in 1[ India].

(2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceeding in [India], and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.

1. Substituted for the words "the States" by the Part B States (Laws) Act. 1951 (3 of 1951), S.3 and Sch.. ( 1-4-1951 ).



5. Filing of foreign award in Court.

(1) Any person interested in a foreign award may apply to any court having jurisdiction over the subject-matter of the award that the award be Filed in Court.

(2) The application shall be in writing and shall be numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants.

(3) The Court shall direct notice to be given to the Partics to the arbitration, other than the applicant, requiring them to show cause, within a time specified, why the award should not be filed.

6. Enforcement of Foreign award.

(1) Where the Court is satisfied that the foreign award is enforceable under this Act, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award.

(2) Upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award.

7. Conditions for enforcement of foreign awards.

(1) In order that: a foreign award may be enforceable under this Act it must have

(a) been made in Pursuance of an agreement for arbitration which was valid under the law by which it was governed,

(b) been made by the tribunal provided for in the agreement or constituted in manner agreed upon by the parties,

(c) been made in conformity with the law governing the arbitration procedure,

(d) become final in the country in which it was made, . -

(e) been in respect of a matter which may lawfully be referred to arbitration under the law of 1[ India],and .enforcement thereof must not be contrary to the public policy or the law of 1[ India].

(2) A foreign award shall not be enforceable under this Act if the Court dealing with thecae is satisfied that-

(a) the award has been annulled in the country in which it was made, or

(b) the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented, or

(c) the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agreement for arbitration: Provided that if the award does not deal with all questions referred the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it as the Court may think fit.

(3) If a party seeking to resist the enforcement of a foreign award proves that there is any ground other than the non-existence of the conditions specified in clauses (a), (b) and (c) o sub-section (1), to the existence of the conditions specified in clauses (b) and (c) of sub-section (2), entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse to enforce the award or adjourn the hearing until after the expiration of such period as appears to the Court to be reasonably sufficient to enable that party to take the necessary steps to have the award annulled by the competent tribunal.

1. Substituted for the words 'the States' by the Part B States (Laws) Act, 1951("3 of 1951), S.3 and Sch. ( 1-4-1951 ).



8. Evidence.

(1) The party seeking to enforce a foreign award must produce-

(a) the original award or a copy there of duly authenticated in manner required by the law of the country in which it was made;

(b) evidence providing that the award has become final; and

(c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in clauses (a), (b) and (c) of subjection (1) of section 7-aresatisfied.

(2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in 1[India]

1. Substituted for the words "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. ( 1-4-1951 ).



9. Saving.

Nothing in this Act shall-

(a) prejudice any rights which any person would have had of enforcing in 1[India] any award or of availing himself in 1[India] of any award if this Act had not been passed, or

(b) apply to any award made on an arbitration agreement governed by the law of 1[India].

1. Substituted for the words "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. ( 1-4-1951 ).



10. Rule.

Making powers of the High Court.- The High Court may make rules 1consistent with this Act as to-

(a) the filing of foreign awards and all proceedings consequent thereon or incidental thereto;

(b) the evidence which must be furnished by a party seeking to enforce a foreign award under this Act; and

(c) generally, all proceedings in Court under this Act.

1. For rules made by Gujarat High Court re: practice and procedure to be followed in the Ahmedabad City Civil Courts, see Guj. Gaz., 9-11-1961 , Pt. IV-C, p. 1117.



SCHEDULE 1. PROTOCOL ON ARBITRATION CLAUSES

SCHEDULE 1

PROTOCOL ON ARBITRATION CLAUSES

The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:

1. Each of the Contracting States recognizes the validity of" an agreement whether relating to existing or future differences "between parties subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration - all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of a settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.

Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any contracting State which avails itself of this right will notify the Secretary -General of the League of Nations in order that the other Contracting States may be so informed.

2. The arbitral procedure, including the constitution of the Arbitral Tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.

The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to "existing differences."

3. Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding articles.

4. The Tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article I applied and including an arbitration Agreement whether referring to present as future differences" which is valid in virtue of the said article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the Arbitrators," Such reference shall not prejudice the competence of the judicial tribunals in cast the agreement or the arbitration cannot proceed or becomes inoperative."

5. The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratification shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify such deposit to all the Signatory States.

6. The present Protocol will come into force as soon as two ratifications have been deposited. There after it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of the deposit of its ratification.

7. The present Protocol may be denounced by any Contracting State on giving one year's notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will immediately transmit copies of such notification to all the other Signatory States and inform them of the date on which it was received. Thedenunciation shall take effect one year after the date on which it was notified to the Secretary-General, and shalloperate only in respect of the notifying State.

8. The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the, under mentioned territories; that is to say, their colonies, overseas possessions or territories, protectorates, or the territories over which they exercise a mandate.

The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary- General of the League of Nations shall be informed as soon as possible of such. adhesions. He shall notify such adhesions lo all Signatory States. They will take effect one month after the notification by the Secretary-General to all Signatory States.

The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.

SCHEDULE 2. CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

SCHEDULE 2

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

Article 1.

In' the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement whether relating to existing or future differences (hereinafter called "submission to arbitration") covered by the Protocol on Arbitration Clauses opened at Geneva On September 24th,1923, shall be recognized as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction ozone of the High Contracting Parties,

To obtain such recognition or enforcement, it shall, further, be necessary-

(a) That the award had been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;

(b) That the subject-matter of the award is capable of settlement by arbitration under the law of the country in which the award is sought to be relied upon;

(c) That the award has been made by the Arbitral Tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;

(d) That the award has become final in the country in which it has been made in the sense that it will not be considered as such if it is open to opposition, appeal or purvey en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;

(e) That the recognition or enforcement of the award is not contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon.

Article 2.

Even if the conditions laid down in Article I hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied:

(a) That the award has been annulled in the country in which it was made;

(b) That the party against whom it is sought to use the award was not given notice of the arbitration proceeding in sufficient time to enable him to present his case; or that. being under a legal incapacity, he was not properly represented:

(c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration. If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide..

Article 3.

If the party against whom the award has been made proves that under the law governing the arbitration procedure, there is a ground other than the grounds referred to in Article l(a) and (c), and Article 2(b) and(c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.

Article 4.

The party relying upon an award or claiming its enforcement must supply, in particular:

(1) The original award or a copy thereof duly authenticated, according to the requirements of the law of the country in which it was made-,

(2) Documentary or other evidence to prove that the award has become final, in the sense affined in Art. 1 (d), in he country in which it was made;

(3) When necessary, documentary or other evidence to prove that the conditions laid down in Article 1, paragraph 1 and paragraph 2(a) and (c), have been fulfilled.

A translation of the award and of the other documented mentioned in this Article into the official language of the country where the award is sought to be relied upon may be demanded. Sach translations must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.

Article 5.

The provisions of the above Article shall not deprive any interested party of the right of availing himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.

Article 6.

The present Convention applies only to arbitral awards made after the coming into force of the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923.

Article 7.

The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.

It may be ratified only on behalf of those Members of the League of Nations and non-Member States on whole behalf the Protocol of 1923 shall have been ratified.

Ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations who will notify such deposit to all the signatories,

Article 8.

The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party, three months after the deposit of the ratification on its behalf with the Secretary-General of the League of Nations*

Article 9.

The present Convention may be denounced on behalf of any Member of the League or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the League of Nations, who will immediately send a copy thereof, certified to be in conformity with the notifications, to all the other Contracting Parties, at the same time informing them of the date on which he received it.

The denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of (he League of Nation*. The denunciation of the Protocol en Arbitration Clauses shall entail, ipso facto, denunciation of the present Convention.

Article l0.

The present Convention does not apply to the Colonies, Protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.

The application of this Convention to one or more of such Colonies, Protections or territories to which the Protocol on Arbitration Clauses opened at Geneva on September 24th 1923, applies, can be effected at any time by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties.

Such declaration shall take effect three months after the deposit thereof.

The High Contracting Partics can at any time denounce the Convention for all or any of the Colonies, Protectorates or territories referred to above. Article 9 hereof applies to such denunciation.

Artic 11.

A certified copy of the present Convention snail be transmitted by the Secretary-General of the League of Nations to every Member of the League of Nations and to every non-Member State which signs the same.