‘File 28/34-II War emergency legislation’ [17r] (33/428)
The record is made up of 1 file (212 folios). It was created in 5 Sep 1939-9 Jun 1948. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
ORDINANCE No. Ill of 1942
AN
ORDINANCE
to enhance in certain circumstances the penalties provided
by law for the punishment of certain offences.
Whereas an emergency has arisen which makes it
necessary to enhance in certain circumstances the
penalties provided by law for the punishment of certain
offences ;
£CGeo.5,
Now, therefore, in exercise of the powers con
ferred by section 72 of the Government of India Act as
set out in the Ninth Schedule to the Government of
2 . India Act, 1935, the Governor General is pleased to
make and promulgate the following Ordinance :—
1. (1) This - Ordinance may be called the Penalties
(Enhancement) Ordinance, 1942.
Short title,
extent and
operation.
(2) It extends to the whole of British India.
(3) It shall come into force at once ; but sections 3
to 7 inclusive shall have effect only in pursuance of and
in accordance with a notification issued under section 2
and only so long as such notification remains unrescinded.
2. The Provincial Government may, from time to power of
time by notification in the official Gazette, declare that Government
sections 3 to 7 inclusive, or any of them, or such to^put the of
provisions of section 4 or section 7 as relate to a parti- thiJonhnance
cular offence or particular offences therein specified shall lut0 effect -
have effect throughout the Province, or in any
specified area in the Province.
3. Whoever commits theft in any premises which Punishment for
have been damaged by war operations, or vacated by theft ’
reason of attack by the enemy or in consequence of any
authorised directions given for the purpose of meeting
or hindering any actual or apprehended attack by the
enemy or of protecting persons and property from the
dangers involved in any such attack, or commits theft
of any article which has been left exposed or unprotected
as a consequence of war operations shall be punished
with death, or with rigorous imprisonment for a term
which may extend to ten years, or with whipping.
Explanation .—In this section “ theft ” means
theft as defined in section 378 of the Indian Penal
XLVofiseo. Code, and “ authorised directions ” means any order or
directions made or given in the exercise of any power
xxxv of 1939 . conferred by or under the Defence of India Act, 1939, or
made or given by any officer of His Majesty’s Forces
acting in the course of his duties.
4. Whoever commits an offence punishable under Punishmen.
section 326 or section 435 or section 436 of the Indian undefsectfo.
Penal Code may, in lieu of any punishment to which he 326,435 and
is liable under the said Code, be punished with death, Penal Code,
or with whipping.
5. Whoever contravenes any of the provisions of Punishment
rule 35 of the Defence of India Rules may, in lieu of any ventionsof
punishment to which he is liable under the said rule, of
be punished with death, or with whipping. India Rules.
6 . Wfioever commits an offence punishable under Punishment
section 375 of the Indian Penal Code may, in lieu of undeletion
any punishment to which he is liable under the said |75,jndian
rv of 1909 . Code or under the Whipping Act, 1909, be punished
with death.
7. Whoever commits any offence punishable under ^^ment
section 146 or section 148 or section 186 of the Indian under section*
Penal Code may, in lieu of any punishment to which he 1*1^
is liable under the said Code, be punished with whipping. Penal code.
About this item
- Content
The file contains correspondence relating to, and copies of the various orders, regulations and notices, issued under the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. States (Emergency) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1939. The file’s principal correspondents are the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (Lieutenant-Colonel Charles Geoffrey Prior); the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Bahrain (Edward Birkbeck Wakefield; Major Tom Hickinbotham; Cornelius James Pelly; Lieutenant-Colonel Arnold Crawshaw Galloway).
The file includes:
- ordinances and amendments to the existing defence regulations and judicial procedures, enabling capital punishment, ‘rigorous imprisonment’ or whipping to be used as forms as punishment for theft or looting in the event of damage to property as a result of enemy action, including air raids, and the transfer of such judicial decisions from the Government of India to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (ff 3-46);
- a letter from the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Bahrain, to the Adviser to the Government of Bahrain, dated 2 December 1943, enclosing a number of drafts to replace existing orders, ordinances and notifications relating to: Order No. 13 (controls on goods exported from Bahrain, ff 50a-50); Order No. 14 (price control orders for rationed and unrationed foodstuffs, piece goods, with schedules of the goods covered, ff 52-56); Notification No. 15 (trading with enemy regulations, f 57); Order No. 14 (export controls on currencies and gold bullion, f 58); Order No. 17 (postal censorship and restrictions, f 59);
- copies of orders for 1944: Order No. 1 (export controls, ff 61-66); Order No. 2 (price control orders for rationed and unrationed foodstuffs, piece goods, with schedules of the goods covered, ff 63-68); Order No. 3 (trading with enemy regulations, f 69); Order No. 4 (export controls on currencies and gold bullion, f 70); Order No. 5 (postal censorship and restrictions, ff 71-72); a copy of Order No. 1 of Hijri year 1363 (equivalent to 1944), issued by the Government of Bahrain (ff 75-82, and in large format at f 85), relating to price control orders and closely based on Order No. 2 of 1944 (ff 63-68);
- numerous orders issued by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in 1944 for the appointment of nominated Bahrain Petroleum Company (BAPCO) employees as Special Police Officers at the BAPCO refinery (between ff 86-130), and, in January 1945, the announcement of the cessation of the appointment of certain nominated officers (ff 140-142);
- printed copies of orders and notices: the Emergency Powers (Defence) Act, 1939 (ff 146-151); Chapter 10 of the Supplies and Services (Transitional Powers) Act, 1945 (ff 152-155); Order No. 255 of 1946 Emergency Laws (Transitional Provisions) Colonies &c (ff 156-157); the Emergency Laws (Transitional Provisions) Act, 1946 (ff 158-170);
- correspondence dated 1943 onwards relating to the review and repeal of various orders and regulations (ff 97-99, ff 144-145, ff 171-174);
- copies of orders for 1947: Order No. 1 of 1947 (the maintenance of supplies and services, ff 177-178, f 187); Order No. 7 of 1947 (price control orders for rationed and unrationed foodstuffs, piece goods, with schedules of the goods covered, ff 180-185).
- Extent and format
- 1 file (212 folios)
- Arrangement
The file’s contents are arranged in approximate chronological order, from the earliest item at the front to the latest at the end. The file notes at the end of the file (ff 194-212) mirror the chronological arrangement.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the back cover with 2; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Two additional mixed foliation/pagination sequences are also present in parallel between ff 2-185 and in the file notes between ff 194-212; these numbers are also written in pencil, but are not circled. Foliation anomaly: f 50 a, f 50.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/2/727
- Title
- ‘File 28/34-II War emergency legislation’
- Pages
- 3r:7v, 8r:11v, 17r:17v, 18r:18v, 19r:23v, 24r:25v, 26r:26v, 29r:30v, 32r:34v, 38r:38v, 43r:45v, 50r:50v, 50ar:50av, 52r:59v, 61r:72v, 97r:99v, 106r:106v, 110r:110v, 112r:112v, 114r:114v, 117r:117v, 120r:120v, 125r:125v, 128r:128v, 131r:131v, 132r:133v, 139r:139v, 142r:142v, 143r:143v, 146r:157v, 158r:170v, 177r:178v, 180r:185v, 187r:187v, 192r:193v
- Author
- Privy Council Office
- Usage terms
- Public Domain