Page:United States Statutes at Large Volume 58 Part 2.djvu/285

 58 STAT.] INDIA-CRIMINAL OFFENSES, JURISDICTION- Sept. 29, 1942 1205 of the United States of America, relating to juris- diction over members of the military and naval forces of the United States of America, to make cer- tain provisions respecting those forces in British India; 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 India Act, 1935, the Governor General is pleased 260ea.5,2. to make and promulgate the following Ordinance:- Short title, 1. (1) This Ordinance may be called the Allied extent and commeceanForces (United States of America) Ordinance, 1942. ment. (2) It extends to the whole of British India. (3) It shall.come into force at once. cr mo al 2. (1) Notwithstanding anything contained in sec- rocedings tion 12 of the Allied Forces Ordinance, 1942, or else- LVIofl4. British nn where in any law in force in British India, no criminal proceedings shall, subject as hereinafter provided, be prosecuted in British India before any Court of British India against a member of the military or naval forces of the United States of America: Provided that, upon representation made to it on behalf of the Government of the United States of America in any particular case, the Central Govern- ment may by order direct that the provisions of this subsection shall not apply in that case. (2) Nothing in sub-section (1) shall affect any powers of arrest, search, entry or custody exercisable under the law in force in British India with respect to offences committed or believed to have been com- mitted against that law, but where a person against whom proceedings cannot, by virtue of that sub- section, be prosecuted before a Court of British India is in the custody of any authority of British India he shall, in accordance with such general or special directions as may be given by or under the authority of the Central Government for the pur- pose of giving effect to any arrangements made by the Central Government with the Government of the United States of America, be delivered into the custody of such authority of the United States of America as may be provided by the directions: Provided that the powers of arrest, search and entry saved by this sub-section shall not be exercised on or in respect of any premises occupied or used by the military or naval forces of the United States of America unless application is first made to the officer commanding the forces occupying or using such premises. 93650-45- -PT. II -18

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