Military Stores (Unlawful Possession) Ordinance 1943

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THE MILITARY STORES (UNLAWFUL POSSESSION) ORDINANCE, 1943.

ORDINANCE No. XXXIII OF 1943

( The Ordinance has been applied to‑Q) the Chittagong Hill‑tracts with effect from the 18th November, 1943, see Ben. Govt. Notification No. 202‑S., dated the 4th November, 1943; (ii) the partially excluded areas of Mymensingh District from the 27th January, 1944, see Ben. GOVL. Notification No. 306‑I., dated the 25th January, 1944; (iii) Baluchistan, see Notification No. 44‑W., dated the 18th October, 1943, Gazette of India, 1943, Pt. I., p.1157; (iv) such of the Baluch tribal areas beyond the western border of the Dens Ghazi Khan District of the Punjab as are not included in the Baluchistan tribal areas subject to amendments, see Notification No. 49‑W. dated the 15th November, 1943, Gazette of India, 1943, Pt. I, p. 1250; and (v) the tribal areas beyond the western and northern boundaries of the North‑West Frontier Province in so far as the Ordinance may be applicable and subject to any amendments to which it is for the time being subject in the Provinces, etc., see Notification No. 53‑W., dated the 17th November, 1943, ibid.

It has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950).)

[11th October, 1943]

An Ordinance to make special provision for the punishment of the offence of unlawful possession of military stores.

WHEREAS an emergency has arisen which renders it neces sary to make special provision for the punishment of the offence of unlawful possession of military stores;

NOW, TORE, in exercise of the powers conferred 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 to make and promulgate the following Ordinance:‑‑ 26 Geo 5,c.2.

1. Shot title extent and commencement------‑(1) This Ordinance may be called the Military Stores (Unlawful Possession) Ordinance, 1943.

[(2) It extends to the whole of Pakistan.]( Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub‑section (2) as amended by A. O., 1949.)

(3) It shall come into force at once.

2. Definition----- In this Ordinance "military stores" includes any article intended for use in the equipment of or for supply to the naval, military or air forces of (Subs. by A. O., 1961, Art. 2 and Sch., for "His Majesty" (with effect from the 23rd March, 1956).)[Pakistan] or of any foreign Power allied with (Subs. by A. O., 1961, Art. 2 and Sch., for "His Majesty" (with effect from the 23rd March, 1956).)[Pakistan].

3. Unlawful possession of military stores---- Whoever is found or is proved to have been in posses sion of any article of military stores shall, if the Court sees reasonable grounds for believing such article to be or to have been the property of (Subs. ibid., Art. 2, for "His Majesty" (with effect from the 23rd March, 1956).)[Government] or of a foreign Power (Subs. ibid., Art. 2 and Sch., for "allied with His Majesty" (with effect from the 23rd March, 1956).)[allied with Pakistan], as the case may be, unless he proves that the article came into his possession lawfully, be punishable with imprisonment for a term which may extend to five years or with fine or with both.

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