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The Reciprocity Act, 1943

Year of Passage: 1943 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Reciprocity Act, 1943. (2) it extends to the whole of India 1***. 2[(3) It shall come into force on the 1st day of September, 1943.]

Section 2 Definitions.

In this Act, unless there is anything repugnant in the subject or context-- 1[(a) "British Possession" means any part of His Majesty's dominions 2*** and includes aprotectorate or other territory administered by a British Possession as a mandatory on behalf of theLeague of Nations; and where parts of those dominions are under both a central and a locallegislature, the expression shall mean either each part under a local legislature or all parts under thecentral legislature;] (b) "entry" includes landing at any port in 3[India] during the stay in 3[India] of a ship or aircrafton its way to a destination outside 3[India] : 4* * * * *

Section 3 Power of Central Government to impose reciprocal disabilities on persons domiciled in British Possessions.

1[3. Power of Central Government to impose reciprocal disabilities on persons domiciled inBritish Possessions.--Where by the law or practice of any British Possession persons of Indian origin aresubject in that British Possession to disabilities in respect of entry into, or travel, residence, theacquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of publicoffice, the carrying on of any occupation, trade, business or profession, or the exercise of the franchise in,that British Possession, to which in respect of the like matters in 2[India] persons domiciled in that BritishBritish Possession are not subject in 2[India], the Central Government may, by notification in the OfficialGazette, direct that the same disabilities or disabilities as similar thereto as may be shall, notwithstandinganything contained in any other law for the time being in force, be imposed in 2[India] on persons notbeing of Indian origin who- are domiciled in that British Possession.]

Section 4 Burden of proof on person claiming exemption.

If any person alleged to be domiciled in anyBritish Possession and to be subject to the provisions of this Act pleads that he is not so domiciled, or thatthe provisions of this Act do not apply to him, the onus of proving the truth of such a plea shall be on him.

Section 5 Direction imposing disabilities in respect of entry, travel and residence not to apply to armed forces.

2[5. Direction imposing disabilities in respect of entry, travel and residence not to apply toarmed forces.--Any direction made by the Central Government under section 3 imposing disabilities inrespect of entry into or travel or residence in 1[India] upon persons domiciled in a British Possession shallnot, until the expiry of six months after the termination of the present hostilities, apply to any persondomiciled in that British Possession who is a member of its armed forces.]
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