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State of Maharashtra - Act

The Maharashtra Refugees Act, 1948

MAHARASHTRA
India

The Maharashtra Refugees Act, 1948

Act 22 of 1948

Published on 29 March 1948
Commenced on 29 March 1948
[This is the version of this document from 29 March 1948.]
[Note: The original publication document is not available and this content could not be verified.]

The Maharashtra Refugees Act, 1948Act No. 22 of 1948[29th March, 1948]For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 115.An Act to provide for compulsory registration and movement of refugees and for certain other purposes.Whereas [it is expedient to provide for the registration and to regulate the movement of refugees with a view to facilitating their relief and rehabilitation and to securing public health, sanitation and safety and for certain other purposes herein specified] [This portion was substituted for the original by Bombay 66 of 1948, Section 2.]; It is hereby enacted as follows:-

1. Short title and extent.

(1)This Act may be called [the Maharashtra Refugees Act] [This Short title was substituted for the Short title 'The Bombay Refugees Act, 1948' by Maharashtra 24 of 2012, Schedule Entry No. 31 (w.r.e.f. 1-5-1960).].

(2)It extends to the whole of the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] of Bombay.

2. Interpretation.

- In this Act, "refugee" means any person who has since the first day of August 1947, entered the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] of Bombay, having left his place of residence elsewhere on account of civil disturbances in that place or the fear of such disturbances.

3. Registration Centres.

- In Greater Bombay the Commissioner of Police for the Greater Bombay and elsewhere the District Magistrate shall, as soon as may be, a general or special order, establish in respect of,-

(a)each camp in which refugees are being accommodated, and

(b)each particular area specified by him, a registration centre for the registration of refugees, and shall appoint a person or a committee of persons to be the registering authority in charge of each such centre:

[Provided that the [State] [This proviso was added by Bombay 66 of 1948, Section 3.] Government may, from time to time by notification in the Official Gazette, direct that the function of the Commissioner of Police or the District Magistrate under this section shall be performed by any other officer specified in such notification.]

4. Registration of refugees.

(1)Every refugee for the time being in the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] of Bombay shall, within fifteen days from the coming into operation of this Act or within seven days from the date of his arrival in the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] whichever is later, register himself at the registration centre of the camp in which he is being accommodated or if he is being accommodated or is residing elsewhere than in a camp for which a registration centre has been established, at the registration centre of the area in which he is being accommodated or is residing:Provided that a refugee who is the head of a family shall be responsible for the registration of members of his family for the time being with him:Provided further that where a refugee is a female, a minor, ,a lunatic, an idiot or a person incapable by reason of being sick or infirm of attending at the registration centre, the person who may for the time being be looking after such refugee shall be responsible for his registration.

(2)A refugee registering under sub-section (1) or a person responsible for registration of a refugee under the said sub-section (1) shall, to the best of his ability, correctly fill up, or cause so to be filled up; the form set out in the First Schedule.

5. Certificate of registration.

- The registering authority shall issue to every refugee registering under this Act a certificate of registration in the form set out in the Second Schedule.

6. Change of address.

(1)If a refugee ceases to reside at the address recorded in the certificate of registration issued under section 5, he shall, within seven days of any such change of address, intimate his new address to the registering authority by which the certificate of registration was issued and if the new address is within the jurisdiction of the other registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to that other registering authority in order that the new address may be entered therein:Provided that where a refugee is not the head of the family, and where a refugee is a female, a minor, a lunatic, an idiot or a sick or infirm person, the person who may for the time being be looking after such refugee shall intimate the change of address and forward the certificate of registration to the registering authority as aforesaid.

(2)Nothing in sub-section (1) shall apply where the change of address recorded in the certificate of registration is due to a temporary absence not intended to exceed [three months] [These words were substituted for the words 'thirty days' by Bombay 66 of 1948, Section 4.] in duration.

7. Power of [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government to order refugees to reside in particular camps, places or areas and to remove themselves from such camps, places or areas.

- The [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by order in writing, direct any refugee or class of refugees to reside in any camp or place or within any area or to leave any camp or place or area and go to and reside in any other camp or place or area in the [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] of Bombay within a period specified in such order.

8. Power of [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government to remove refugees from any camp, place or area in the [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] of Bombay.

- If any refugee fails to leave any camp, place or area, in accordance with an order made under section 7, he may be removed by any police officer or any person authorised by the [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government in this behalf from such camp, place or area in such manner as may be specified by the [State] [This words was substituted for the words 'Provincial' by the Adaptation of Laws Order, 1950.] Government by a general or special order.Nothing in this section shall affect the liability of such refugee to the penalty provided in section 10.

9. Orders of vaccination and inoculation of refugees.

(1)An officer authorised by the Provincial Government in this behalf may, by order in writing, require a refugee or any person responsible for the registration of a refugee under sub-section (1), of section 4, to get himself or the refugee for whose registration he is so responsible vaccinated against small-pox or inoculated against plague, cholera or typhoid within fifteen days of such order, except where a certificate is produced from a registered medical practitioner or from a vaccinator or inoculator duly authorised by the Provincial Government in that behalf that such refugee has been vaccinated or re-vaccinated or inoculated, as the case may be, by him within six months immediately preceding the date of the order.

(2)Nothing in this section shall affect the liability of any person to get himself or any other person vaccinated or inoculated under any law for the time being in force.

10. [ Penalties. [This section was substituted for the Original by Bombay 66 of 1948, Section 5.]

(1)Whoever refuses or without lawful excuse neglects to comply with the requirements of section 4 or 6 shall, on conviction, be punished with fine which may extend to two hundred rupees.

(2)Whoever gives particulars in filling the form under sub-section (2) of section 4 which are false and which he either knows or believes to be false or whoever contravenes any other provisions of this Act or any rule made thereunder or any order made in pursuance of this Act shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.]

11. Registering authorities and persons authorised to remove refugees to be public servants.

- Every person or member of a committee appointed as a registering authority under section 3 and every person authorised by the Provincial Government to remove a refugee under section 8 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

12. Protection of action taken under Act.

- No suit, prosecution or other legal proceeding shall lie against any person in respect of anything in good faith done or intended to be done under this Act or any rule or order made thereunder.

13. [ Certain offences to be cognisable. [This section was substituted for the Original Bombay 66 of 1948, Section 6.]

- All offences under this Act except offences under sub-section (1) of section 10 shall be cognisable.]

14. Delegation of functions.

- The Provincial Government may, by order notified in the Official Gazette, direct that any power conferred or any duty imposed on it by this Act, shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer; not being in the opinion of the Provincial Government below the rank of a Collector, as may be so specified.

15. Rules.

(1)The Provincial Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power; such rules may provide for,-

(i)the preparation and maintenance of registers of refugees registered under section 4;

(ii)the manner of service on refugees of orders made under this Act; and

(iii)the vaccination and inoculation of refugees under section 9.

16. [ Power of exemption. [This section was inserted by Bombay 66 of 1948, Section 7.]

(1)The Provincial Government may, by notification in the Official Gazette, direct that refugees from any particular area or place or any class of refugees shall be exempt from all or any of the provisions of this Act or any requirements thereof.

(2)An officer authorised in this behalf by the Provincial Government may, for reasons to be recorded in writing, order that any refugee shall be exempt from all or any of the provisions of this Act or any requirements thereof.][First Schedule] [This Schedule was substituted for the original by Bombay 66 of 1948, Section 8.][See Section 4(2)]Form of RegistrationGovernment of BombayRegistration of Refugees

(1)Name of the applicant in full (in) capital letters with surname first).

(2)Age ... .... .....

(3)Sex ... .... .....

(4)Whether married or single

(5)Names of dependents at present in the Province of Bombay, their relationship, ages and sex.

(6)Names of dependents left behind, if any in the place which he has left, their relationship, ages and sex.

(7)Address prior to evacuation: Village, Tehsil, District (in detail).

(8)Present address (Building, Floor, Street, Road, etc.

(9)Details of identity documents and other papers relating to evacuation, if any, with the applicant.

(10)Period of residence at place which he has left.

(11)Date and place of arrival in the Province of Bombay.

(12)Any moveable or immovable property lost or left at the place which he has left or elsewhere and its value.

(13)Whether any property sold prior to evacuation. If so, its details and the price at which it was sold.

(14)Academical and technical qualifications.

(15)Occupation, profession or trade and monthly income prior to evacuation.

(16)Aptitude for any occupation, profession or trade other than that followed prior to evacuation.

(17)Details of land taken, if any, for settling either in the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1995.] of Bombay or elsewhere in [India] [This word was substituted for the words 'the Indian Union', by the Adaptation of Laws Order, 1995.].

(18)Means of maintenance at present.

(19)Resources possessed at present.

(20)Details of facilities or assistance received, if any, at present either through official or nonofficial sources.

(21)Whether any facilities or assistance required for rehabilitation. If so their details.

(22)Whether he wished to stay in the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1995.] of Bombay. If so, for how long.

(23)Whether willing to go outside the [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1955.] of Bombay. If so the place he wishes to proceed to.Remarks

Signature/Left hand thumb impression and/or Photograph ofthe applicant, if available.

Place

Registering Authority

Second Schedule[See Section 5]Form of Certificate of RegistrationGovernment of BombayPolitical And Services Department

Serial Number	....................................................................................
Reception Camp Number	....................................................................................
Registration Officer Number	....................................................................................
Name of refugee in full	....................................................................................
Address before evacuation	....................................................................................
Present address	....................................................................................
Name of head of family	....................................................................................
[* * *]	....................................................................................
Signature or finger print of refugee	....................................................................................
Office of Registration	....................................................................................
Registered by	....................................................................................
Date	....................................................................................
Place	20	Registering Authority

NotificationsG. N., R. D., No. BRA. 1154-B, dated 28th May, 1954 (B. G., Part I, page 1812) - In exercise of the powers conferred by the proviso to section 3 of the Bombay Refugees Act, 1948 (Bombay XXII of 1948), and in supersession of Government Notification, Rehabilitation Department, No. R. 133-I-B, dated the 26th July 1952, the Government of Bombay is pleased to direct that the functions of the Commissioner of Police for the Greater Bombay under section 3 of the said Act, shall be performed with effect from the 1st June, 1954 by the Collector of Bombay.G. N., H, & L. G. D., No. 6040/33, dated 16th July, 1948 (B. G., Part IV-B, page 573) - In exercise of the powers conferred by sub-section (1) of section 9 of the Bombay Refugees Act, 1948 (Bombay XXII of 1948), the Government of Bombay is pleased to authorise the officers specified in column 1 of the Schedule hereto annexed for the purposes of the said subsection within the area respectively specified against them in column 2 of the said Schedule.

Schedule

The Executive Health Officer, Bombay Municipality.	]	City of Bombay.
The Assistant Health Officer, Bombay Municipality.
The Commissioner of Police, Bombay		Greater Bombay.
The District Magistrates	]	Within their respective jurisdictions.
The Assistant Directors of Public Health
The District Health Officers
Medical Officers of Municipalities or, where there are noMedical Officers, chief Officers or Secretaries of Municipalities.	]	With the Municipal area concerned.
The Officers in charge of Refugee Camps	]	Within the camp concerned.
The Medical Officers, of Refugee Camps

Amended by G. N., L. D., No. 11578, dated 14th August, 1950G. N., Reh, D., No. R. 133-IB, dated 6th June, 1949 (B. G., Part IV-B, page 1272) - In exercise of the powers conferred by section 14 of the Bombay Refugees Act, 1948 (Bombay XXII of 1948), the Government of Bombay is pleased to direct that the powers conferred on the State Government by sections 7 and 8 of the said Act, shall also be exercised by all the Collectors within their respective jurisdictions, and by the Director of Rehabilitation in the whole State and also by the Commissioner of Police in Greater Bombay.

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