[29th
September, 1939] An Act to provide for
special measures to ensure the public safety and interest and the defence of
British India and for the trial of certain offences. Whereas an emergency
has arisen which renders it necessary to provide for special measures to ensure
the public safety and interest and the defence of British India and for the
trial of certain offences; AND WHEREAS the
Governor General in his discretion has declared by Proclamation under
sub-section (1) of Section 102 (26 Geo. 5. o. 2) of the Government of India
Act, 1935, that a grave emergency exists whereby the security of India is
threatened by war; It is hereby enacted
as follows:? CHAPTER
I PRELIMINARY (1)
This Act may be called the
Defence of India Act, 1939. (2)
It extends to the whole of
British India, and it applies also? (a)
to British subjects and
servants of the Crown in any part of India; (b)
to British subjects who are
domiciled in any part of India wherever they may be; (c)
in respect of the regulation
and discipline of any naval, military or air force raised in British India, to
members of, and persons attached to, employed with, or following, that force,
wherever they may be; and (d)
to, and to persons on, ships
and aircraft registered in British India wherever they may be. (3)
This section shall come into
force at once, and the remaining provisions of this Act shall come into force
in such areas and on such date or dates as the Central Government may, by
notification in the official Gazette, appoint. (4)
It shall be in force during
the continuance of the present war and for a period of six months thereafter. CHAPTER
II EMERGENCY
POWERS (1)
The Central Government may,
by notification in the official Gazette, make such rules as appear to it to be
necessary or expedient for securing the defence of British India, the public
safety, the maintenance of public order or the efficient prosecution of war, or
for maintaining supplies and services essential to the life of the community. (2)
Without prejudice to the
generality of the powers conferred by sub-section (1), the rules may provide
for, or may empower any authority to make orders providing for, all or any of the
following matters, namely:? (i)
ensuring the safety and
welfare of His Majesty's forces, ships and aircraft, and preventing the
prosecution of any purpose likely to prejudice the operations of His Majesty's
forces or the forces of His Majesty's allies; (ii)
prohibiting anything likely
to prejudice the training, discipline or health of His Majesty's forces; (iii)
preventing any attempt to
tamper with the loyalty of persons in, or to dissuade (otherwise than with
advice given in good faith to the person dissuaded for his benefit or that of
any member of his family or any of his dependents) persons from entering, the
service of His Majesty; (iv)
preventing anything likely
to assist the enemy or to prejudice the successful conduct of war, including? (a)
communications with the enemy
or agents of the enemy, (b)
acquisition, possession
without lawful authority or excuse and publication of information likely to
assist the enemy, (c)
contribution to,
participation in, or assistance in, the floating of loans raised by or on
behalf of the enemy, and (d)
advance of money to, or
contracts or commercial dealings with, the enemy, enemy subjects or persons
residing, carrying on business, or-being, in enemy territory; (v)
preventing the spreading
without lawful authority or excuse of false reports or the prosecution of any
purpose likely to cause disaffection or alarm, or to prejudice His Majesty's
relations with foreign powers, or to promote feelings of enmity and hatred
between different classes of His Majesty's subjects; Explanation.?To point
out, without malicious intention and with an honest view to their removal,
matters which are producing, or have a tendency to produce, feelings of enmity
or hatred between different classes of His Majesty's subjects does not amount
to promoting such feelings within the meaning of this clause. (vi)
requiring the publication of
news and information; (vii)
regulating the conduct of
persons in respect of areas the control of which is considered necessary or
expedient, and the removal of persons from such areas; (viii)
requiring any person or
class of persons to comply with a scheme of defence; (ix)
ensuring the safety of
ports, dockyards, lighthouses, lightships, aerodromes, railways, telegraphs,
post offices, signalling apparatus and all other means of communication,
sources of water-supply, works for the supply of water, gas or electricity and
any other place or thing the protection of which is necessary for the defence
of British India; (x)
the apprehension and
detention in custody of any person reasonably suspected of being of hostile
origin or of having acted, acting or being about to act, in a manner
prejudicial to the public safety or interest or to the defence of British
India, the prohibition of such person from entering or residing or remaining in
any area, and the compelling of such person to reside and remain in any area,
or to do, or abstain from doing, anything; (xi)
the control of persons
entering, departing from, or travelling in, British India, and of foreigners
residing or being in British India; (xii)
prohibiting or regulating
traffic, and the use -- of vessels, buoys, lights and signals, in ports and
territorial, tidal and inland waters; (xiii)
restricting the charter of
foreign vessels; (xiv) regulating
the structure and equipment of vessels used or likely to be used by the Central
Government, for the purpose of ensuring the safety thereof and of persons
therein; i (xv)
regulating work in dockyards
and shipyards in respect of the construction and repairs of vessels; (xvi) prohibiting
or regulating the sailings of vessels from ports, traffic at aerodromes and the
movement of aircraft, and traffic on railways, tramways and roads, and
reserving, and requiring to be adapted, for the use of the Central Government,
all or any accommodation in vessels, aircraft, railways, tramways or road
vehicles for the carriage of persons, animals or goods; (xvii) impressment
of vessels, aircraft, vehicles and animals for transport; (xviii)
prohibiting or regulating
the use of postal, telegraph or telephonic services, including the taking
possession of such services and the delaying, seizing, intercepting or
interrupting of postal articles or telegraphic or telephonic messages; (xix) regulating
the delivery otherwise than by postal or telegraphic service of postal articles
and telegrams; (xx)
the control of any trade or
industry for the purpose of regulating or increasing the supply of, and the
obtaining of information with regard to, articles or things of any description
whatsoever which can be used in connection with the conduct of war or for
maintaining supplies and services essential to the life of the community; (xxi) ensuring
the ownership and control of mines by British subjects; (xxii) controlling
the use or disposal of, or dealing B in, coin, bullion, securities or foreign
exchange; (xxiii)
the control of any road or
pathway, waterway, ferry or bridge, river, canal or other source of
water-supply; (xxiv)
the requisitioning of any
property, movable or immovable, including the taking possession thereof and the
issue of a ay orders in respect thereof; (xxv)prohibiting
or regulating the possession, use or disposal of? (a)
explosives, inflammable
substances, arms and ammunitions of war, (b)
vessels, (c)
wireless telegraphic
apparatus, (d)
aircraft, and (e)
photographic and signalling
apparatus and any means of recording information; (xxvi)
applying the provisions of
the Sea Customs Act, 1878, and in particular Section 19 thereof, to the
prohibition or restriction of the import or export of goods to a particular
person or a particular class of persons; (xxvii)
prohibiting or regulating
the bringing into, or taking out of, British India and the possession, use or
transmission of ciphers and other secret means of communicating information; (xxviii) prohibiting
or regulating the publication of inventions and designs; (xxix)
preventing the disclosure of
official secrets; (xxx)prohibiting
or regulating meetings, assemblies, fairs and processions; (xxxi)
preventing or controlling
any use, calculated to prejudice the public safety, the maintenance of public
order, the defence of British India or the prosecution of war, of uniforms,
flags and insignia and of anything similar thereto; (xxxii)
ensuring the accuracy of any
report or declaration legally required of any person; (xxxiii) preventing
the unauthorised change of names; (xxxiv) preventing
anything likely to cause misapprehension in respect of the identity of any
official person, official document or official property or in respect of the
identity of any person, document or property purporting to be, or resembling,
an official person, official document or official property; (xxxv)
entry into, and search of,
any place reasonably suspected of being used for any purpose prejudicial to the
public safety or interest, to the defence of British India or to the efficient
prosecution of war, and for the seizure and disposal of anything found there
and reasonably suspected of being used for such purpose. (3)
The rules made under
sub-section (1) may further? (i)
provide for the arrest and
trial of persons contravening any of the rules; (ii)
provide that any
contravention of, or any attempt to contravene, and any abetment of, or attempt
to abet, the contravention of any of the provisions of the rules, or any order
issued under any such provision, shall be punishable with imprisonment for a
term which may extend to seven years or with fine or with both; (iii)
provide for the seizure,
detention and forfeiture of any property in respect of which such
contravention,?attempt or abetment as is referred to in the preceding-clause
has been committed; (iv)
confer power and impose
duties? (a)
upon the Central Government
or officers and authorities of the Central Government as respects any matter,
notwithstanding that that matter is one in respect of which the Provincial
Legislature also has power to make laws, and (b)
upon any Provincial
Government or officers and authorities of any Provincial Government as respects
any matter notwithstanding that that matter is one in respect of which the
Provincial Legislature has no power to make laws; (v)
prescribe the duties and
powers of public servants and other persons as regards preventing the
contravention of, or securing the observance of, the rules; (vi)
provide for preventing
obstruction and deception of, and disobedience to, any person acting, and
interference with any notice issued, in pursuance of the rules; (vii)
prohibit attempts by any
person to screen from punishment any one, other than the husband or wife of
such person, contravening any of the rules; (viii)
empower or direct any
authority to take such action as may be specified in the rules or as may seem
necessary to such authority for the purpose of ensuring the public safety or
interest or the defence of British India; (ix)
provide for charging fees in
respect of the grant or issue of any licence, permit, certificate or other
document for the purposes of the rules. (4)
The Central Government may
by order direct that any power or duty which by rule under sub-section (2) is
conferred or imposed upon the Central Government shall in such circumstances
and under such conditions, if any, as may be specified in the-direction be
exercised or discharged? (a)
by any officer or authority
subordinate to the Central Government, or (b)
whether or not the power or
duty relates to a matter with respect to which a Provincial Legislature has
power to make laws, by any Provincial Government or by any officer or authority
subordinate to such Government, or (c)
by any other authority. (5)
A Provincial Government may
by order direct that any power or duty which by rule made under subsection (1)
is conferred or imposed on the Provincial Government, or which, being by such
rule conferred or imposed on the Central Government, has been directed under
sub-section (4) to be exercised or discharged by the Provincial Government,
shall, in such circumstances and under such conditions, if any, as may be
specified in the direction, be exercised or discharged by any officer or
authority, not being an officer or authority subordinate to the Central
Government. Any rule made under
Section 2, and any order made under any such rule, shall have effect
notwithstanding anything inconsistent therewith contained in any enactment
other than this Act or in any instrument having effect by virtue of any
enactment other than this Act. The Central
Government may, by notification in the official Gazette, direct by general or
special order that any persons who, not being members of His Majesty's forces,
are attached to, or employed with, or following, those forces, shall be subject
to naval, military or air force law, and thereupon such persons shall be
subject to discipline, and liable to punishment for offences, under the Indian
Navy (Discipline) Act, 1934 (XXXIV of 1934. VIII of 1911. XIV of 1932.), the
Indian Army Act, 1911, or the Indian Air Force Act, 1932, as the case may
require, as if they were included in such class of persons subject to any of
those Acts as may be specified in the notification. (1)
If any person, with intent
to wage war against His Majesty or to assist any State at war with His Majesty,
contravenes any provision of the rules made under Section 2 or any order issued
under any such rule, he shall be punishable with death, or transportation for
life, or imprisonment for a term which may extend to ten years, and shall also
be liable to fine. (2)
If any person? (a)
contravenes any such
provision of, or any such rule or order made under, the Indian Aircraft Act,
1934 (XXII of 1934), as may be notified in this behalf by the Central
Government, or (b)
in any area notified in this
behalf by a Provincial Government, contravenes any such provision of, or any
such rule made under, the Indian Arms Act, 1878 (XI of 1878), the Indian
Explosives Act, 1884 (IV of 1884), or the Explosive Substances Act, 1908 (VI
1908), as may be notified in this behalf by the Provircial Government he shall,
notwithstanding anything contained in any of the aforesaid Acts or rules made
thereunder, be punishable with imprisonment for a term which may extend to five
years, or, if his intention is to assist any State at war with His Majesty or
to wage war against His Majesty, with death, transportation for life, or
imprisonment for a term which may extend to ten years, and shall in either case
also be liable to fine. (3)
For the purposes of this section,
any person who attempts to contravene, or abets or attempts to abet, or does
any act preparatory to, a contravention of, a provision of any law, rule or
order, shall be deemed to have contravened that provision. (1)
Section 1 (1 & 2 Geo 5,
c. 20) of the Geneva Convention Act, 1911, shall have effect in British India
as if, in sub-section (1) thereof, for the words ?shall be liable on summary
conviction lo a fine not exceeding ten pounds?, the words ?shall be punishable
with imprisonment for a term which may extend to six months and shall also be
liable to a fine? had been substituted; (2)
Section 5 of the Indian
Official Secrets Act, 1923 (XIX 1923), shall have effect as if? (a)
in sub-section (1) thereof,
after the words ?in his possession or control? the words ?any information
likely to assist? the enemy, as defined in the rules made under the Defence of
India Act, 1939, or ?had been inserted, and after the words ?in such a place?
the words ?or which relates to, or is used in, a protected defined in the rules
made under the Defence of India Act, 1939, or relates to anything in such an
area,? had been inserted; and (b)
for sub-section (4) thereof,
the following subsection had been substituted, namely:? ?(4)
A person guilty of an offence under the section shall be punishable with
imprisonment for a term which may extend to five years, or, if such offence is
committed with intent to assist any State at war with His Majesty, or to wage
war against His Majesty, with death, or transportation for life, or
imprisonment for a term which may extend to ten years, and shall in either case
also be liable to fine.?; (3)
the Indian Press (Emergency
Powers) Act, 1931 (XXIII of 1931), shall have effect as if in sub-section (1)
of Section 4 thereof, after clause (6), the following word and clause had been
inserted, namely:? (bb)
directly or indirectly convey any ?confidential information?, any ?information
likely to assist the enemy' or any ?prejudicial report?, as defined in the
rules made under the Defence of India Act, 1939, or are calculated to instigate
the contravention of any of those rules,?; (4)
the Indian Aircraft Act,
1934 (XXII 1934), shall have effect as if? (a)
at the end of clause (r) of
sub-section (2) of Section 5 the following words had been inserted, namely:? ?including
the taking of steps necessary to secure compliance with, or to prevent
contravention of, the rules regulating such matters, or, where any such rule
has been contravened, to rectify, or to enable proceedings to be taken in
respect of, such contravention?; (b)
in clause (b) of sub-section
(1) of Section 8, for the words, brackets, letters and figures ?clause (h) or
clause (i) of sub-section (2) of Section 5 ?, the words, brackets, letters and
figures ?clauses (d), (e), (h), (i), (k) or (i) of sub-section (2) of Section
5, or the commission of an offence punishable-under Section 11,? had been
substituted; (c)
in Section 11, after the
words ?in the air ?the words ?or in such a manner as to interfere with any of
His Majesty's forces, ships or aircraft? had been inserted; (d)
in Section 13, for the
words, brackets, figures and letters ?clause (i) or clause (1) of sub-section
(2) of Section 5 ?the words, brackets, figures and letters ?clauses (c), (d),
(e), (h), (i), (j), (k) or (1) of sub-section (2) of Section 5, or punishable
under Section 11 ?had been substituted; and (e)
Section 14 had been omitted;
and (5)
the Indian Navy (Discipline)
Act, 1934 (XXXIV of 1934), shall have effect as of for Section 90 of the Naval
Discipline Act as set forth in the First Schedule to the first named Act the
following section had been substituted, namely:? ?90.
(1) If any person who would not otherwise be subject to this Act enters into an
engagement with the Central Government to serve His Majesty? (a)
in a particular ship, or (b)
in such particular ship or
in such ships as the Officer Commanding the Indian Navy, or any officer
empowered in this behalf by the Officer Commanding the Indian Navy, may from
time to time determine,and agrees to become subject to this Act upon entering
into the engagement, that person shall, so long as the engagement remains in
force, and notwithstanding that for the time being he may not be serving in any
ship, be subject to this Act, and the provisions of this Act shall apply in
relation to that person, as if, while subject to this Act, he belonged to His
Majesty's navy and were borne on the books of one of His Majesty's ships in
commission. (2)
The Central Government may by order direct that, subject to such exceptions as
may in particular cases be made by or on behalf of the Officer Commanding the
Indian Navy, persons of any such class as may be specified in the order shall,
while subject to this Act by virtue of this section, be deemed to be officers
or petty officers, as the case may be, for the purposes of this Act or of such
provisions of this Act as may be so specified and any such order may be varied
or revoked by a subsequent order.? (1)
Notwithstanding anything
contained in the Indian Tea Control Act, 1938 (VIII of 1938), the Central
Government may appoint any person to be an additional member of, and to act as
Chairman of, the Indian Tea Licensing Committee during the continuance of this
Act, and on such appointment being made and until this Act ceases to be in
force, the Chairman of the said Committee elected under Section 5 of that Act
shall cease to exercise the functions of Chairman. (2)
If in pursuance of any
scheme for the control of import of Indian tea into the United Kingdom, the
Central Government considers it necessary or expedient so to do, it may by
order direct the Indian Tea Licensing Committee to apportion the requirement of
the United Kingdom among the tea estates in accordance with such principles as
may be laid down in the order, and the said Committee shall comply with such
order. (3)
If at any time during the
continuance of this Act, the agreement referred to in the preamble to the
Indian Tea Control Act, 1938 (VIII of 1938), is determined or otherwise ceases
to be valid as between the parties thereto, the provisions of that Act shall,
notwithstanding the said determination or invalidity of the agreement, continue
in force: Provided that nothing
in this sub-section shall be construed as continuing the Indian Tea Control
Act, 1938 in force after the 31st day of March, 1943. CHAPTER
III SPECIAL
TRIBUNALS (1)
The Provincial Government
may for the whole or any part of the Province constitute Special Tribunals
which shall consist of three members appointed by the Provincial Government. (2)
No person shall be appointed
as a member of a Special Tribunal unless he? (a)
is qualified under
sub-section (3) of Section 220 of the Government of India Act, 1935, for
appointment as a Judge of a High Court; or (b)
has for a total period of
not less than three years exercised, whether continuously or not, the powers
under the Code of Criminal Procedure. 1898 (V of 1898) (hereafter in this
Chapter referred to as the Code) of any one or more of the following, namely:? (i)
Sessions Judge, Additional
Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency
Magistrate, (ii)
District Magistrate,
Additional District Magistrate. (3)
At least one member of a
Special Tribunal shall be qualified for appointment thereto under clause (a) of
sub-section (2), and where only one member is so qualified under that clause,
at least one other member shall be qualified for appointment under clause (b)
of that sub-section by virtue of having exercised powers exclusive of those
specified in sub-clause (ii) of the said clause (b). The Provincial
Government may, by general or special order, direct that a Special Tribunal
shall try any I offence? (a)
under any rule made under
Section 2, or (b)
punishable with death,
transportation or imprisonment for a term which may extend to seven years,? triable
by any Court having jurisdiction within the local limits of the jurisdiction of
the Special Tribunal, and may in any such order direct the transfer to the
Special Tribunal of any particular case from any other Special Tribunal or any
other Criminal Court not being a High Court. (1)
A Special Tribunal may take
cognizance of offences without the accused being committed to it for trial. (2)
Save in cases of trials of
offences punishable with death or transportation for life, it shall not be
necessary in any trial for a Special Tribunal to take down the evidence at
length in writing, but the Special Tribunal shall cause a memorandum of the
substance of what each witness deposes to be taken down in the English
language, and such memorandum shall be signed by a member of the Special
Tribunal and shall form part of the record. (3)
A Special Tribunal shall not
be bound to adjourn any trial for any purpose unless such adjournment is, in
its opinion, necessary in the interests of justice. (4)
A Special Tribunal shall
not, merely by reason of a change in its members, be bound to recall and rehear
any-witness who has given evidence, and it may act on the evidence already
recorded by or produced before it. (5)
After an accused person has
once appeared before it, a Special Tribunal may try him in his absence if, in
its opinion, his absence has been brought about by the accused himself for the
purpose of impeding the course of justice, or if the behaviour of the accused
in Court has been such as, in the opinion of the Special Tribunal, to impede
the course of justice. (6)
In the event of any
difference of opinion among the members of a Special Tribunal, the opinion of
the majority shall prevail. (7)
The Provincial Government
may, by notification in the official Gazette, make rules providing for? (i)
the times and places at
which Special Tribunals may sit; and (ii)
the procedure to be adopted
in the event of any member of a Special Tribunal being prevented from attending
throughout the trial of any accused person. (8)
A Special Tribunal shall, in
all matters in respect to which no procedure has been prescribed by this Act or
by rules made thereunder, follow the procedure pre scribed by the Code for the
trial of warrant cases by Magistrates: In addition, and
without prejudice, to any powers which a Special Tribunal may possess by virtue
of any law for the time being in force to order the exclusion of the public
from any proceedings, if at any stage in the course of a trial of any person
before a Special Tribunal application is made by the prosecution, on the ground
that the publication of any evidence to be given or of any statement to be made
in the course of the trial would be prejudicial to the safety of the State,
that all or any portion of the public shall be excluded during any part of the
hearing, the Special Tribunal may make an order to that effect, but the passing
of sentence shall in any case take place in public. A Special Tribunal
shall have all the powers conferred by the Code on a Court of Session
exercising original jurisdiction. (1)
A Special Tribunal may pass
any sentence authorised by law. (2)
A person sentenced by a
Special Tribunal? (a)
to death or transportation
for life, or (b)
to imprisonment for a term
extending to ten years under Section 5 of this Act or under subsection (4) of
Section 5 of the Indian Official Secrets Act, 1923 (XIX of 1923), as amended by
Section 6 of this Act? shall have a right of
appeal to the High Court within whose jurisdiction the sentence has been
passed, but save as aforesaid and notwithstanding the provisions of the Code,
or of any other law for the time being in force, or of any thing having the
force of law by whatsoever authority made or done, there shall be no appeal
from any order or sentence of a Special Tribunal, and no Court shall have
authority to revise such order or sentence, or to transfer any case from a
Special Tribunal, or to make any order under Section 491 of the Code, or have
any jurisdiction of any kind in respect of any proceedings of a Special
Tribunal. (3)
The powers conferred upon
the Provincial Government and the Governor General by Chapter XXIX of the Code
shall apply in respect of a person sentenced by a Special Tribunal, CHAPTER
IV SUPPLEMENTAL Save as otherwise
expressly provided by or under this Act, the ordinary criminal and civil Courts
shall continue to exercise jurisdiction. Any authority or
person acting in pursuance of this Act shall interfere with the ordinary
avocations of life and the enjoyment of property as little as may be consonant
with the purpose of ensuring the public safety and, interest and the defence of
British India. (1)
No order made in exercise of
any power conferred by or under this Act shall be called in question in any
Court. (2)
Where an order purports to
have been made and signed by any authority in exercise of any power conferred
by or under this Act, a Court shall, within the meaning of the Indian Evidence
Act, 1872,(I of 1872)presume that such order was so made by that authority. (1)
No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in
good faith done or intended to be done in pursuance of this Act or any rules
made thereunder. (2)
Save as otherwise expressly
provided under this Act, no suit or other legal proceeding shall lie against
the Crown for any damage caused or likely to be caused by anything in good
faith done or intended to be done in pursuance of this Act or any rules made
thereunder. Every provision of
law for the time being in force which gives protection, whether specifically or
otherwise, to members of His Majesty's military forces or of the police forces
in British India from any prosecution or other legal proceedings or from any
other liability shall apply also to members of the military or police forces respectively
of any Indian State, while attached to, operating with or assisting any of His
Majesty's military forces or any police force in British India. (1)
Where by or under any rule
made under this Act any action is taken of the nature described in sub-section
(2) of Section 299 of the Government of India Act, 1-935 (26 Geo. 5, c. 2),
there shall be paid compensation, the; amount of which shall be determined in
the manner, and in accordance with the principles, hereinafter set out, that is
to say:? (a)
Where the amount of
compensation can be fixed by agreement, it shall be paid in accordance with
such agreement. (b)
Where no such agreement can
be reached, the Central Government shall appoint as arbitrator a person
qualified under sub-section (3) of Section 220 of the above-mentioned Act for
appointment as a Judge of a High Court. (c)
The Central Government may,
in any particular case, nominate a person having expert knowledge as to the
nature of the property acquired, to assist the arbitrator, and where such
nomination is made, the person to be compensated may also nominate an assessor
for the said purpose. (d)
At the commencement of the
proceedings before the arbitrator, the Central Government and the person to be
compensated shall state what in their respective opinions is a fair amount of
compensation. (e)
The arbitrator in making his
award shall have regard to? (i)
the provisions of
sub-section (2) of Section 23 of the Land Acquisition Act, 1894 (I of 1894), so
far as the same can be made applicable; - and (ii)
whether the acquisition is
of a permanent or temporary character. (f)
An appeal shall lie to the
High Court against an award of an arbitrator except in cases where the amount thereof
does not exceed an amount prescribed in this behalf by rule made by the Central
Government. (g)
Save as provided in this
section and in any rules made thereunder, nothing in any law for the time being
in force shall apply to arbitrations under this section. (2)
The Central Government may
make rules for the purpose of carrying into effect the provisions of this
section. (3)
In particular and without
prejudice to the generality of the foregoing power, such rules may prescribe? (a)
the procedure to be followed
in arbitrations under this section; (b)
the principles to be
followed in apportioning the costs of proceedings before the arbitrator and on
appeal; (c)
the maximum amount of an
award against which no appeal shall lie. In this Act, unless
there is anything repugnant in the subject or context, the expression
?Provincial Government? means, in relation to a Chief Commissioner's Province,
the Chief Commissioner. The Defence of India
Ordinance, 1939 (Ord V of 1939) is hereby repealed; and any rules made,
anything done and any action taken in exercise of any power conferred by or
under the said Ordinance shall be deemed to have been made, done or taken in
exercise of powers conferred by or under this Act as if this Act had commenced
on the 3rd day of September, 1939.Defence of India Act, 1939
[Act 35 of 1939]
?or