14
THE GAZETTE OF INDIA EXTRAORDINARY
[P ART II—
Explanation.—For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other
association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Act to apply
for offence or
contravention
committed
outside India.
44. (1) Subject to the provisions of sub-section (2), the provisions of this Act shall
apply also to any offence or contravention committed outside India by any person,
irrespective of his nationality.
Power to
investigate
offences.
45. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a
police officer not below the rank of Inspector of Police shall investigate any offence under
this Act.
Penalties not
to interfere
with other
punishments.
46. No penalty imposed under this Act shall prevent the imposition of any other
penalty or punishment under any other law for the time being in force.
Cognizance of
offences.
47. (1) No court shall take cognizance of any offence punishable under this Act, save
on a complaint made by the Authority or any officer or person authorised by it.
(2) For the purposes of sub-section (1), the provisions of this Act shall apply to any
offence or contravention committed outside India by any person, if the act or conduct
constituting the offence or contravention involves any data in the Central Identities Data
Repository.
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate shall try any offence punishable under this Act.
CHAPTER VIII
MISCELLANEOUS
Power of
Central
Government
to supersede
Authority.
48. (1) If, at any time, the Central Government is of the opinion,—
(a) that, on account of circumstances beyond the control of the Authority, it
is unable to discharge the functions or perform the duties imposed on it by or under
the provisions of this Act; or
(b) that the Authority has persistently defaulted in complying with any direction
given by the Central Government under this Act or in the discharge of the functions
or performance of the duties imposed on it by or under the provisions of this Act and
as a result of such default the financial position of the Authority or the administration
of the Authority has suffered; or
(c) that a public emergency exists,
the Central Government may, by notification, supersede the Authority for such period, not
exceeding six months, as may be specified in the notification and appoint a person or
persons as the President may direct to exercise powers and discharge functions under this
Act:
Provided that before issuing any such notification, the Central Government shall
give a reasonable opportunity to the Authority to make representations against the
proposed supersession and shall consider the representations, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1), superseding the
Authority,—
(a) the Chairperson and other Members shall, as from the date of supersession,
vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions
of this Act, be exercised or discharged by or on behalf of the Authority shall, until the
2 of 1974.