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INFLUX FROM PAKISTAN (CONTROL) REPEALING ACT, 1952
76 of 1952
26th December, 1952
STATEMENT OF OBJECTS AND REASONS "The admission into, and regulation of movements in, India of persons from Pakistan has hitherto been regulated by a system of permits granted under the Influx from Pakistan (Control) Act, 1949 (23 of 1949). It was, however, agreed with the Government of Pakistan that with effect from prescribed date, the permit system should be replaced by a system of passports. Accordingly, the Influx from Pakistan (Control) Repealing Ordinance, 1952 (7 of 1952), was promulgated to repeal the Influx from Pakistan (Control) Act, 1949. The repeal of the Act was effective from 15th October, 1952 and with effect from the same date traffic between the two countries is being regulated by a passport system. 2. This Bill seeks to convert the provisions of the Influx from Pakistan (Control) Repealing Ordinance, 1952(7 of 1952), into an Act". -Gazette of India, 1952, Pt. II,section 2, page 547.
An Act to provide for the repeal of the Influx from Pakistan (Control) Act, 1949. Be it enacted by Parliament as follows :-
SECTION 01: SHORT TITLE
This Act may be called the Influx from Pakistan (Control) Repealing Act, 1952.
SECTION 02: REPEAL OF ACT 23 OF 1949 AND ORDINANCE 7 OF 1952
[Repealed by Act 58 of 1960, section 2 and Schedule 1.]
SECTION 03: SAVINGS
(1) The repeal of theInflux from Pakistan (Control) Act, 1949, shall not affect the continuance in force, according to its tenor, of any permit which is intended to continue in force beyond the 15th day of October, 1952, and any person who commits a breach of any of the conditions of the permit or against whom a reasonable suspicion exists that he has committed such breach may be prosecuted, punished or proceeded against undersection 5-orsection 7-of the Act1hereby repealed as if the said section had continued in force.
(2) For the removal of doubts it is hereby declared that the provisions contained in sub-section (1) shall be without prejudice to the general application ofsection 6-of theGeneral Clauses Act, 1897-.
SECTION 04: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context,-
(a) 'enter' means to enter by water, land or air;
(b) 'officer of Government' means any officer of the Central Government or of a State Government;
(c) 'permit' means a permit issued or renewed or the period whereof has been extended in accordance with the rules made under this Act.
SECTION 05: CONTROL OF ADMISSION INTO INDIA OF PERSONS FROM PAKISTAN
No person shall enter India from any place in Pakistan, whether directly or indirectly, unless-
(a) he is in possession of a permit; or
(b) being a person not domiciled in India or Pakistan, he is in possession of a valid passport as required by theIndian Passport Act, 1920-, or
(c) he is exempted from the requirement of being in possession of a permit by or in accordance with the rules made under this Act.
SECTION 06: PUNISHMENT OF OFFENCES
(1) Whoever enters India in contravention of the provisions ofsection 3-, or having entered India contravenes the provisions of any rule made undersection 4-, or commits a breach of any of the conditions of his permit, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever, in any statement made by him in pursuance of any of the provisions of this Act or of any rules made thereunder, furnishes any information, which is false and which he either knows or believes to be false does not believe to be true, shall be punishable with imprisonment for a term which may extend to one year; or with fine which may extend to one thousand rupees, or with both.
SECTION 07: POWER OF REMOVAL
Without prejudice to the provisions contained insection 5, the Central
Government may, by general or special order, direct the removal from India of any person who has committed, or against whom a reasonable suspicion exists that he has committed, an offence under the Act, and thereupon any officer of Governmemt shall have all reasonable powers necessary to enforce such direction."
Footnotes:
1. The following relevant sections from the Influx from Pakistan (Control) Act, 1949, are reproduced for the sake of ready reference
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