#THE RECIPROCITY ACT, 1943 
____________ 

##ARRANGEMENT OF SECTIONS 
___________ 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 
3. Power of Central Government to impose reciprocal disabilities on persons domiciled in British 
   Possessions. 
4. Burden of proof on person claiming exemption. 
5. Direction imposing disabilities in respect of entry, travel and residence not to apply to armed 
  forces. 
6. Power to make rules. 
7. [Repealed.] 


 
#THE RECIPROCITY ACT, 1943 

##ACT NO. 9 OF 1943

[31st March, 1943.] 

An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the 
acquisition,  holding  or  disposal  of  property,  the  enjoyment  of  educational  facilities,  the 
holding of public office, or the carrying on of any occupation, trade, business or profession in 
 India by, and the franchise in India of, persons domiciled in British Possessions. 

**Preamble.**—WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry 
into,  travel,  residence,  the  acquisition,  holding  or  disposal  of  property,  the  enjoyment  of  educational 
facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession 
in India by, and the franchise in India of, persons domiciled in British Possessions: 

  It is hereby enacted as follows : — 

1. **Short title, extent and commencement.**—(1) This Act may be called the Reciprocity Act, 1943. 

  (2) it extends to the whole of India. 

  (3) It shall come into force on the 1st day of September, 1943.

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context— 

  (a) “British  Possession”  means  any  part  of  His  Majesty's  dominions and  includes  a 
protectorate or other territory administered by a British  Possession as a mandatory on behalf of the 
League  of  Nations;  and  where  parts  of  those  dominions  are  under  both  a  central  and  a  local 
legislature, the expression shall mean either each part under a local legislature or all parts under the 
central legislature;

  (b) “entry” includes landing at any port in India during the stay in India of a ship or aircraft 
on its way to a destination outside India : 

3. **Power  of  Central  Government  to  impose  reciprocal  disabilities  on  persons  domiciled  in 
British Possessions.**—Where by the law or practice of any British Possession persons of Indian origin are 
subject  in  that  British  Possession  to  disabilities  in  respect  of  entry  into,  or  travel,  residence,  the 
acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public 
office, 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 India persons domiciled in that British 
British Possession are not subject in India, the Central Government may, by notification in the Official 
Gazette, direct that the same disabilities or disabilities as similar thereto as may be shall, notwithstanding 
anything  contained  in  any  other  law for the time  being in force, be imposed in India on  persons  not 
being of Indian origin who- are domiciled in that British Possession.

4. **Burden of proof on person claiming exemption.**—If any person alleged to be domiciled in any 
British Possession and to be subject to the provisions of this Act pleads that he is not so domiciled, or that 
the provisions of this Act do not apply to him, the onus of proving the truth of such a plea shall be on him. 

5. **Direction  imposing  disabilities  in  respect  of  entry,  travel  and  residence  not  to  apply  to 
armed forces.**—Any direction made by the Central Government under section 3 imposing disabilities in 
respect of entry into or travel or residence in India upon persons domiciled in a British Possession shall 
not,  until  the  expiry  of  six  months  after  the  termination  of  the  present  hostilities,  apply  to  any  person 
domiciled in that British Possession who is a member of its armed forces.

6. **Power to make rules.** —(1) The Central 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, rules made under this 
section may provide — 

     (a) for  the  setting  up  of  machinery  to  ascertain  the  disabilities  in  respect  of  any  of  the  matters 
specified in section 3 to which persons of Indian origin are subject in any British Possession; 

     (b) for the establishment of a suitable agency to administer the rules and for defining its functions 
and powers; 

     (c) for specifying the disabilities that shall, when a direction has been made under section 3, be 
imposed in India on persons not being of Indian origin who are domiciled in any British Possession 
and for the imposition on them of the disabilities so specified; 

     (d) for the enforcement, by the prescription of a penalty by way of imprisonment or fine or both, 
or any rule made under clause (c); 

     (e) for authorizing the arrest of any person contravening or reasonably suspected of contravening 
any rule made under clause (c), and for prescribing the duties of public servants and others in regard 
to such arrests.

  (3) Every  rule  made  under  this  Act  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 modification 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 of 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.

7. **Repeal of Act 3 of 1924.**—The Immigration into India Act, 1924, is hereby repealed.