The Extradition Act, 1962
36. Power to make rules.
- The central Government
may, by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
- In particular, and
without prejudice to the generality of the foregoing power, such
rules may provide for all or any of
the following matters, namely:--
- The form in which a
requisition for the surrender of a fugitive criminal may be made;
- The form in which a
warrant for the apprehension of any person in a [foreign state] 1* to which
Chapter III applies may be made;
- The manner in which any
warrant may be endorsed or authenticated under this Act;
- The removal of fugitive
criminals accused or in custody under this Act and their control and
maintenance until such time as they are handed over to the persons named
in the warrant as entitled to receive them;
- The seizure and
disposition of any property which is the subject of, or required for proof of,
any alleged offence to which this Act applies;
- The form and manner
in which or the channel through which a magistrate may
be required to make his report to the Central Government under this Act;
- Any other
matter which has to be, or may be, prescribed.
- Every rule made
under this section 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 2*[in two or
more successive sessions, and if, before the expiry of
the session immediately following the
session aforesaid], both Houses agree in making any modification in
the rule or both Houses agree that the rule should not
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.
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