‘File 28/34-II War emergency legislation’ [20v] (40/428)
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.
*V
2
Sentences by
Special
Judges.
Review of
convictions.
Special
Magistrates.
Jurisdiction
of Special
Magistrates.
Procedure of
Special
Magistrates.
Sentences by
A ppeals.
proceedings of a Special Judge ; and for the purposes
of the said provisions the Court of the Special Judge shall
be deemed to be a Court of Session.
7. A Special Judge may pass any sentence authorised
by law.
8 . If in any proceedings before a Special J udge—
(а) a person convicted is sentenced to death, or to
transportation for life, or to imprisonment
for a term of seven years or more, or
(б) though no person is so sentenced, the Special
Judge certifies that in his opinion the
case has involved questions of special diffi
culty, whether of law or fact, or is one which
for any other reason ought properly to be
reviewed,
the proceedings shall be submitted for review by a
person nominated in this behalf by the Provincial
Government, which person shall be chosen from the
Judges of the High Court having jurisdic tion over the
area for which the Special Judge is appointed, and
the decision of that person shall be final.
9. Any
Presidency
The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
Magistrate or Magistrate of the
first class who has exercised powers as such for a period
of not less than two years may be invested by the
Provincial Government w r ith the powers of a Special
Magistrate under this Ordinance.
10. A Special Magistrate shall try such offences or
classes of offences, or such cases or classes of cases
other than offences or cases involving offences punish
able under the Indian Penal Code with death, as the xlv of i: co
Provincial Government, or a servant of the Crown
empowered by the Provincial Government in this
behalf, may, by general or special order in writing,
direct.
11. (1) In the trial of any case, a Special Magistrate
shall follow the procedure laid down in sub-section (1)
of section 6 for the trial of cases by a Special Judge.
(2) In matters not coming within the scope of
sub-section (1), the provisions of the Code, so far as
they are not inconsistent with this Ordinance, shall
apply to the proceedings of a Special Magistrate ;
and for the purposes of the said provisions the Special
Magistrate shall be deemed to be a Magistrate of the
first class.
12. (1) A Special Magistrate may pass any sentence
authorised by law, except a sentence of death or of
transportation or imprisonment exceeding seven years.
(2) If a Special Magistrate is of opinion that an
offence under trial by him requires a punishment in
excess of that which he is empowered to inflict, he shall
stay proceedings and send the case for trial to the
Special Judge having jurisdiction in the area, and the
Special Judge shall thereupon have jurisdiction to try
the case as if it had been made over to him by order
in writing made under section 5.
13. (J) Where a Special Magistrate passes a sentence
of transportation or imprisonment for a term exceeding
two years, an appeal shall lie to the Special Judge
having jurisdiction in the area or, if there is no Special
Judge for the area, to the High Court in a
Presidency
The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
-
town and elsewhere to the Court of Session.
(2) An appeal under sub-section (1) shall be
presented within seven days from the date of the
sentence.
(3) In disposing of an appeal under this section, a
Special Judge shall follow the same procedure and
have the same powers as an appellate Court follows
and has under the 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