(1) Any officer of customs empowered by a general or special order oi the Central Government in this behalf and any officer of police not below the rank of a sub-inspector may arrest without warrant any person against whom a reasonable suspicion f'dsts that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of. the grounds fur such arrest.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before .1 magistrate having jurisdiction in the case or to the officer in charge of the nearest police statio'n and the provisions of section Gl of the Code of Criminal Procedure, 1898 shall, so far as may be, apply in the case of any such arrest.
14. (I) Any officer oi customs empowered by a geneial or special "rder of the Central Government in this behalf and any officer of police not below the rank of a sub-inspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12,
(2) The provisions of the Code of Criminal Procedure, 1898.
relating to searches and seizures shall, so far as may be, apply to searches and seizures under this section.
15. No prosecution shall be instituted against any person in respect of any offence under this Ordinance without the previous sanction of the Central Government or such officer or authority as may be authorized by that Government by order in writing in this behalf.
16. No suit, prosecution or other legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done under this Ordinance,
17. A passport or travel document issued under this Ordinance shall at all times remain the property of the Central Government.
Power to .irretl Power of search and seizure.
Previous sanction of Central Government necessary.
Prutectloi.
of action taken in Good faith Passports and travel documents to be property of Central Government.
128 THE GAZETTE OF INDIA EXTRAORDINARY [PMIT 11 Passpurts and travel documents to be invalid for travel to certain countries.
Issue of passports and travel documents to persons who are not citizens oH India.
Power to delegate.
Poww to exempt.
18. Upon the issue of a notification by tho Central Government that a foreign country is —
(a) a country which is committing external aggression against India; or
(b) a country assisting the country committing external aggression against India; or
(c) a country -where armed hostilities are in progress; or
(d) a country to which travel must be restricted in the public interest because such travel, would seriously impair tht conduct of foreign affairs of the Government of India, a passport or travel document issued tinder this Ordinance Jim tr-ivei through or visiting such country shall cease to be valid £01 such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority
19. ^Notwithstanding anything contained in the foregoing provi sions relating to issue of a passport or a travel document, the Central Government may issue, or cause to be issued, a passport or a travel document to a person who is not a citizen of India if thit Government is of the opinion that it is necessary so to do in the public interest.
20. The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Ordinance other than the power under clause (d) of sub-section (1) of section 6 or the power under clause
(i) of sub-section (2) of that section or the power under section 23, may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed by—'
(a) such officer or authority subordinate to the Government:
Ol'
(b) in any foreign country in which there is no diplomatic mission of India by such foreign Consular Officer, as may be specified in the notification.
21. Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions.
if any, as it may specify in the notification,—
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Ordinance or the rules made thereunder; and SEC, 11 THE GAZETTE OF INDIA EXTRAORDINARY 129 34 oT 19^(1 lliof 1930.
"!! of 1 .'147 7 ol' 1947.
1(3 of 1947.
42 of I9(5'J.
(fa) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation o£ such provisions.
22. The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 19413, the Foreign Exchange Regulation Act, 1947.
the Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947, the Foreigners Law (Application and Amendment) Act, 1962, and othor enactments relating \o foreigners and foreign exchange.