(1) Notwithstanding anything contained in the Code or any other law, every offence punishable under this Ordinance or any rule made thereunder shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code, and "cognizable case" as denned in that clause shall be construed accordingly.
(2) Section 21 of the Code shall, in relation to a case involving an offence punishable under this Ordinance or any rule made thereunder, apply subject to the modification that the reference to "the State Government" therein shall be construed as a reference to "the Central Government or the State Government".
(3) Section 164 of the Code shall apply in relation to a case involving «n offence punishable under this Ordinance or any rule made thereunder, subject to the modification that the reference in sub-section (1) thereof to "Metropolitan Magistrate Or Judicial Magistrate" shall be construed as a reference to "Metropolitan Magistrate) Judicial Magistrate, Executive Magistrate or Special Executive Magistrate".
(4) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Ordinance or any rule made thereunder subject to the modifications that—
(a) the reference in sub-section (2) thereof to "Judicial Magistrate" shall be construed as a reference to "Judicial Magistrate or Executive Magistrate or Special Executive Magistrate";
(b) the reference in sub-section (2) thereof to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "sixty days", "one year" and "one year", respectively; and
(c) sub-section (2A) thereof shall be deemed to have been omitted.
(5) Section 268 shall apply in relation to a case involving an offence punishable under this Ordinance or any rule made thereunder subject to the modifications that—
(a) the reference in sub-section (1) thereof—
(i) to "the State Government" shall be construed as a reference to "the Central Government or the State Government";
(ii) to "order of the State Government" shall be construed as a reference to "order of the Central Government or the State Government, as the case may be"; and
(b) the reference in sub-section (2) thereof, to "State Government" shall be construed as a reference to "Central Government or the State Government, as the case may be".
(6) Sections 366 to 371 and section 392 of the Code shall apply in relation to a case Involving an offence triable by a Designated Court Modified application of certain provisions of the Code.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT il— subject to the modifications that the references to "Court of Session" and "High Court", wherever occurring therein, shall be construed as references to "Designated Court" and "Supreme Court", respectively.
(7) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under this Ordinance or any rule made thereunder.
(8) Notwithstanding anything contained in. the Code, no person accused of an offence punishable under this Ordinance or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless—
(a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(fa) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(9) The limitations on granting of bail specified in sub-section (8) are in addition to the imitations under the Code or any other law for the time being in force on granting of bail.
19. (I) Nothing in this Ordinance shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the naval, military or air forces or other, armed forces of the Union.
(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), a Designated Court shall be deemed to be a court of ordinary criminal justice.
20. Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Ordinance, a court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.
21. The provisions of this Ordinance or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance or in any instrument having effect by virtue of any enactment other than this Ordinance.
22. No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer or authority of the Central Government or State Government or any other authority to whom powers have been delegated under this Ordinance for anything which is in good faith done or purported to be done in pursuance of this Ordinance or any rules made thereunder or any order issued under any such rule.
Saving.
Saving as to orders.
Overriding effect.
Protection of action taken under this Ordinance.
1 of 1872.
S«c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
23. The Supreme Court may, by notification in the Official Gazette, make such rules, if any, as it may deem necessary for carrying out the provisions of this Ordinance relating to Designated Courts.
24. Without prejudice to the powers of the Supreme Court to make rules under section 23, the Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Ordinance.
25. Every rule made by the Central Government under this Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament, while It is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifications in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be o{ no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
ZAIL SINGH President, S. RAMAIAH, Secy, to the Govt, of India.
PRINTED BY T11H MANAGER^ GOVERNMENT OF INDIA PRESS. MIN1O ROAD, NEW DELHI AND 1'UHUSIIED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1987 Power of the Supreme Court to make rules.
Power to make rules.
Rules to be laid before Houses of Parliament.