The Reciprocity Act, 1943

The Reciprocity Act, 1943

The Reciprocity Act, 1943

[Act No. 9 of 1943]

[31st March, 1943.] ]

An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in 1India by, and the franchise in 1India of, persons domiciled in British possessions.

WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in 1India by, and the franchise in 1India of, persons domiciled in British possessions;

It is hereby enacted as follows:—

1. The words ” certain parts of ” omitted by Act 3 of 1951, s.3 and Sch.

2. Definitions.

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

1 [(a) “British possession ” means any part of His Majesty’s dominions 2and includes a protectorate or other territory administered by a British possession as a mandatory on behalf of the League of Nations; and where parts of those dominions are under both a central and a local legislature, the expression shall mean either each part under a local legislature or all parts under the central legislature];

(b) “Entry” includes landing at any port in 3[India] during the stay in 3[India] of a ship or aircraft on its way to a destination outside 3[India];

4[ * * *]

1. Subs. by by Act 3 of 1951, s.3, for the original definition.

2. The words “exclusive of India ” omitted by the A.O.1950.

3. Subs. by Act 3 of 1951, s.3 and Sch., for ” the States “.

4. Cl.(c) ins. by the A.O.1950, omitted by s.3 and Sch., ibid.

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

1[3. Power of Central Government to impose reciprocal disabilities on persons domiciled in British possessions.

Where by the law or practice of any British possession persons of Indian origin are subject in that British possession to disabilities in respect of entry into, or travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, the carrying on of any occupation, in trade, business or profession, or the exercise of the franchise in, that British possession, to which in respect of the like matters in 2[India] persons domiciled in that British possession are not subject in 2[India] the Central Government may, by 3notification in the Official Gazette direct that the same disabilities or disabilities as similar thereto as may be, shall, notwithstanding anything contained in any other law for the time being in force, be imposed in 2 [India] on persons not being of Indian origin who are domiciled in that British possession.]

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

2. Subs. by Act 3 of 1951, s.3 and Sch., for ” the States “.

3. For such notifications, see Gazette of India, 1944, Extraordinary, pp.14 and 1488.

4. Burden of proof on person claiming exemption.

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

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

1[5. Direction imposing disabilities in respect of entry, travel and residence not to apply to armed forces.

Any direction made by the Central Government uncle section 3 imposing disabilities in respect of entry into or travel or residence in 2[India] upon persons domiciled in a British possession shall not, until the expiry of six months after the termination of the present hostilities, apply to any person domiciled in that British possession who is a member of its armed forces.]

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

2. Subs. by Act 3 of 1951, s.3 and Sch., for ” the States “.

6. Power to make rules

1[6. Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make 2 rules for carrying out the purposes of the Act.

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

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

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

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

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

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

1. Subs. by s.6, ibid., for the original section.

2. For the Reciprocity ( South Africa ) Rules, 1944, the Reciprocity ( Natal and the Transvaal ) Rules, 1944 and the Reciprocity ( South Africa ) (Local Franchise) Rules, 1944, see Gazette of India , 1944, Extraordinary, pp.1527-1529.

3. Subs. by Act 3 of 1951, s.3 and Sch., for ” the States “

7. Repeal of Act 3 of 1924.

1[7. Repeal of Act 3 of 1924.

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

1. Ins. by Act 22 of 1943, s.7.

Misc – Laws and Bare Acts of India

Indian Laws – Bare Acts

Leave a Comment

Your email address will not be published. Required fields are marked *