Defence
of India Rules, 1962[1] [5th November, 1962] In
exercise of the powers conferred by Section 3 of the Defence of India
Ordinance, 1962 (4 of 1962), the Central Government hereby makes the following
rules, namely— Part I
PRELIMINARY These
Rules may be called the Defence of India Rules, 1962. In
these Rules, unless the context otherwise requires— (1)
[2][*
* *] (2)
[3][*
* *] (3)
“notified” and
“notification” mean notified and notification respectively in the official
Gazette; (4)
“Ordinance” means
the Defence of India Ordinance, 1962 (4 of 1962); (5)
“prescribed” means
prescribed by any order, direction or regulation made or given in pursuance of
any of these Rules; (6)
“prisoner” means
any person captured in the course of military operations; (7)
“prohibited place”
means a prohibited place as defined in clause (8) of Section 2 of the Indian
Official Secrets Act, 1923 (19 of 1923); (8)
“protected place”
means a place declared under Rule 7 to be a protected place; (9)
“protected area”
means an area declared under Rule 8 to be a protected area; (10)
“public servant”
includes any public servant as defined in the Indian Penal Code (45 of 1860)
and any employee of any Railway, administration or of any autonomous
organisation engaged in work which is considered by the Central Government to
be work of national importance; (11)
“State Government”
in relation to a Union territory means the Administrator thereof. (1)
The General
Clauses Act, 1897 (10 of 1897), shall apply to the interpretation of these
Rules as it applies to the interpretation of a Central Act. (2)
Any reference in
these Rules to the forces, vessels, aircraft, servants, citizens of India or
prisoners shall, unless the context otherwise requires, be deemed to include
the forces, vessels, aircraft, servants, citizens or subjects, or prisoners as
the case may be, of any foreign State having friendly relations with India. (3)
Any reference in
these Rules to the master of a vessel or the pilot of an aircraft shall be
construed as including a reference to the person for the time being in charge of
the vessel or aircraft, as the case may be. (4)
Any reference in
these Rules to a Central Act, shall, in relation to any area wherein that
Central Act is not in force, be construed as including a reference to the
corresponding law in force in that area. No
prohibition, restriction or disability imposed by these Rules, or by any order
made or direction given thereunder not being an order or direction of the
Central Government, or of an officer specially authorised by the Central
Government in this behalf expressly providing the contrary shall apply to
anything done by or under the direction of any member of the Armed forces or
any public servant acting in the course of his duty as such member or public
servant. If
any person to whom any provision of these Rules relates, or to whom any order
made in pursuance of these Rules is addressed or relates, or who is in
occupation, possession or control of any land, building, vehicle, vessel,
aircraft or other thing to which such provision relates, or in respect of which
such order is made— (a)
fails without
lawful authority or excuse, himself, or in respect of any land, building,
vehicle, vessel, aircraft or other thing of which he is in occupation,
possession or control, to comply, or to secure compliance, with such provision
or order, or (b)
evades, or
attempts to evade, by any means such provision, or order,— he
shall be deemed to have contravened such provision or order; and in these Rules
the expression “contravention” with its grammatical variations includes any
such failure, evasion or attempt to evade. Part II
ACCESS TO CERTAIN PREMISES AND AREAS (1)
No person shall,
without the permission of the Central Government or the State Government,
enter, or be on or in, or pass over, or loiter in the vicinity of, any
prohibited place. (2)
Where in pursuance
of sub-rule (1) any person is granted permission to enter, or to be on or in,
or to pass over, a prohibited place, that person shall, while acting under such
permission, comply with such orders for regulating his conduct as may be given
by the Central Government or the State Government. (3)
Any police officer
or any other person authorised in this behalf by the Central Government or the
State Government, may search any person entering, or seeking to enter, or being
on or in, or leaving or passing over or seeking to pass over, a prohibited
place, and any vehicle, vessel, aircraft or article brought in by such person and
may, for the purpose of the search, detain such person, vehicle, vessel
aircraft and article: Provided
that no female shall be searched in pursuance of this sub-rule except by a
female. (4)
If any person is
in a prohibited place in contravention of this rule, then, without prejudice to
any other proceedings which may be taken against him, he may be removed
therefrom by any police officer or by any other person authorised in this
behalf by the Central Government or the State Government. (5)
If any person is
in a prohibited place in contravention of any of the pro-visions of this rule,
he shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both. If
as respects any place or class of places, the Central Government, or the State
Government considers it necessary or expedient that special precautions should
be taken to prevent the entry of unauthorised persons, that Government may by
order declare that place, or, as the case may be, every place of that class, to
be a protected place; and thereupon the provisions of the Indian Official
Secrets Act, 1923 (19 of 1923), shall have effect in relation to such place or
places as if references therein to a prohibited place and the Central
Government were construed as references to a protected place and the Government
making the declaration and the provisions of Rule 6 shall have effect in
relation to such place or places as if references therein to a prohibited place
were construed as references to a protected place. (1)
If the Central
Government or the State Government considers it necessary or expedient to
regulate the entry of persons into any area, that Government may, without
prejudice to the provisions of any other rule, by order declare the area to be
a protected area; and thereupon, for so long as the order is in force, such
area shall be a protected area for the purposes of these Rules. (2)
On and after such
day as may be specified in, and subject to any exemptions for which provision
may be made, by, an order made under sub-rule (1), no person who was not at the
beginning of the said day resident in the area declared to be a protected area
by the said order shall be therein except in accordance with the terms of a
permit in writing granted to him by an authority or person specified in the
said order. (3)
Any police
officer, or any other person authorised in this behalf by the Central
Government or the State Government, may search any person entering or seeking
to enter, or being on or in, or leaving, a protected area, and any vehicle,
vessel, aircraft or article brought in by such person and may, for the purpose
of the search, detain such person, vehicle, vessel, aircraft and article: Provided
that no female shall be searched in pursuance of this sub-rule except by a
female. (4)
If any person is
in or passes over a protected area in contravention of the provisions of this
rule, then, without prejudice to any other proceedings which may be taken
against him, he may be removed there from by or under the direction of any
police officer or any member of the Armed forces of the Union on duty in the
protected area. (5)
If any person is
in a protected area in contravention of any of the provisions of this rule, he
shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both. Any
person who effects or attempts to effect entry into or passes over or attempts
to pass over a prohibited place, protected place or protected area,— (a)
by using, or
threatening to use, criminal force to any person posted for the purpose of
protecting or of preventing or controlling access to, such place or area, or (b)
after taking
precautions to conceal his entry or attempted entry from any such person, shall
be punishable with imprisonment for a term which may extend to seven years. (1)
Without prejudice
to the provisions of any other rule, the Central Government or the State
Government, as respects— (a)
any prohibited
place, (b)
any place or area
declared by it to be a protected place or protected area, or (c)
any other place or
area in relation to which it appears to it to be necessary to take special
precautions in the interests of the defence of India and Civil Defence, the
public safety, the maintenance of public order, the efficient conduct of
military operations, or the maintenance of supplies and services essential to
the life of the community, may
make orders for controlling or regulating the admission of persons to, and the
conduct of persons in, and in the vicinity of, such place or area. (2)
Without prejudice
to the generality of the foregoing provisions, orders made under sub-rule (1)
In relation to any place or area may make provision— (a)
for restricting
the admission of persons to such place or area and for removing therefrom any
person who is therein in contravention of the orders or who has been convicted
of— (i)
any contravention
of the provisions of these Rules, or (ii)
any offence
against public order or decency; (b)
for requiring the
presence of any person or class of persons in such place or area to be notified
to a prescribed authority and for requiring any person who has been convicted
of any such offence as is mentioned in clause (a) of this sub-rule to report
his movements while in such place or area and to observe any other condition
imposed upon him by a prescribed authority; (c)
for requiring any
person or class of persons in such place or area to carry such documentary
evidence of identity as may be prescribed; and (d)
for prohibiting
any person or class of persons from being in possession or control of any
prescribed article. (3)
An order made
under this rule in respect of a prohibited place, protected place or protected
area may exempt such place or area from all or any of the provisions of these
rules which are expressed to apply to or in relation to a prohibited place,
protected place or protected area, as the case may be, or may direct that all
or any of the said provisions shall apply subject to such modifications as may
be specified in the order. (4)
An order made
under this rule in respect of a place or area which is not a prohibited place,
protected place or protected area may direct that all or any of the provisions
of these rules which are expressed to apply to or in relation to a prohibited
place, protected place or protected area as the case may be shall apply to or
in relation to the place or area in respect of which the order is made either
without modification or subject to such modifications as may be specified in
the order. (5)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
No person shall— (a)
unlawfully enter
or board any vehicle, vessel or aircraft used or appropriated for any of the
purposes of the Government, or trespass on premises in the vicinity of any such
vehicle, vessel or aircraft, or (b)
trespass on, or on
premises in the vicinity of, any premises used or appropriated for any of the
purposes of the Government or for defence against, or protection from, an
enemy. (2)
If any person is
found trespassing on any premises in contravention of the provisions of
sub-rule (1), or is found on any vehicle, vessel or aircraft which he has
entered or boarded without lawful authority, he may, without prejudice to any
other proceedings which may be taken against him, be removed from such
premises, vehicle, vessel or aircraft, as the case may be, by any police
officer or any other person acting on behalf of Government or by the person
occupying the premises or being in charge of the vehicle, vessel or aircraft,
or any person authorised by him. (3)
No person shall,
for any purpose prejudicial to the public safety or to the defence of India, be
in, or in the vicinity of, any such premises or any such vehicle vessel or
aircraft as are referred to in sub-rule (1); and where, in any proceedings
taken against a person by virtue of this sub-rule, it is proved that at the
material time he was present in, or in the vicinity of, the premises, vehicle,
vessel or aircraft concerned, the prosecution may thereupon adduce such
evidence of the character of that person (including evidence of his having been
previously convicted of any offence) as tends to show that he was so present
for a purpose prejudicial to the public safety or to the defence of India. (4)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend in the case of a contravention of
sub-rule (3) to seven years and in any other case to three years, or with fine
or with both. (1)
No person
loitering in the vicinity of any prohibited place or protected place or of any
such premises, vehicle, vessel or aircraft as are referred to in sub-rule (1)
of Rule 11 shall continue to loiter in that vicinity after being ordered to
leave it by any police officer or any other person acting on behalf of
Government or by the person in occupation of the said premises or being in
charge of the said vehicle, vessel or aircraft, or any person authorised by
him. (2)
If any person
contravenes the provisions of sub-rule (1), he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with
both. (1)
The Central Government
or the State Government may, by order, prohibit or restrict for such period as
may be specified in the order— (a)
the use of any
road, pathway canal or waterway; (b)
the passage of any
person, animal or vehicle over any land, (2)
If any person
contravenes any order made under sub-rule (1), he shall be punishable with
imprisonment for a term which may extend to six months or with fine or with
both. Part III CONTROL
OF SIGNALLING, TELEGRAPHY, POSTAL COMMUNICATIONS, ETC. (1)
Save as
hereinafter provided, no person shall make any signal, either visually or
otherwise, in such circumstances as show that the signal— (a)
is intended to be
received by a person on board a vessel at sea or an aircraft in flight, or (b)
being made from a vessel
at sea or an aircraft in flight, is intended to be received by a person not on
board such vessel or aircraft, or (c)
being made in an
area notified by the Central Government in this behalf, is intended to be
received by a person outside the external land frontiers of India: Provided
that the preceding prohibitions shall not apply to the making of any signal
with permission granted by or on behalf of the Central Government, or of any
signal for the purpose only of saving lift, or of regulating or aiding the
navigation, on the water or in the air, of any vessel or aircraft other than a
vessel or aircraft being used in the service of an enemy. (2)
No person shall
make any signal, either visually or otherwise, intending or knowing it to be
likely that the signal may mislead any member of the Armed Forces of the Union
or any other public servant, acting in the course of his duty as such member or
public servant. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years or with fine or with
both (1)
Subject to the
provisions of sub-rule (2) and to any exemptions for which provision may be
made by general or special order of the Central Government, no person shall,
except with permission granted by the Central Government, use or have in his
possession or under his control any apparatus or contrivance for signalling
(whether visually or otherwise) which is of such a nature that it could be used
for a purpose prejudicial to the efficient conduct of military operations and
to the defence of India. (2)
Nothing in
sub-rule (1) shall apply in relation to— (a)
any wireless
telegraphy apparatus a defined in the Indian wireless Telegraphy Act, 1933(17
of 1933), or (b)
any apparatus
forming part of the equipment of any vessel or aircraft, being an apparatus
which is required for the making of any such signal as is mentioned in the
proviso to sub-rule (1) of Rule 14. (3)
In any proceedings
arising out of an alleged contravention of any of the provisions of this rule,
it shall be a defence for the accused to prove that at the date of the alleged
contravention, application had been made by him for the first time for the
necessary permission in relation to the apparatus or contrivance in, respect of
which the proceedings are taken, and that the application was still pending at
that date. (4)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with
both. (1)
In any area
notified in this behalf by the Central Government, or the State Government,
that Government may, if in its opinion, it is necessary or expedient for the
efficient conduct of military operations or the defence of India,— (a)
by general or
special order prohibit the use display or possession of any article which is
intended to serve or to be used, or, in the opinion of that Government, is
capable of serving or of being used, as a landmark or as a means of
transmitting or conveying in any way any message or information to the enemy: (b)
by order direct
the person having control of any such article as aforesaid to remove it, or to
take such other action in relation to it as may be specified in the order; (c)
seize and remove
any such article as aforesaid or take such other action in relation to it as
may seem expedient to that Government, (2)
If any person
contravenes any order made under any of the provisions of this rule, he shall
be punishable with imprisonment for a term which may extend to three years or
with fine or with both. (1)
In this rule,
“telegraph” has the same meaning as in the Indian Telegraph Act, 1885 (13 of
1885), and “wireless telegraphy apparatus” has the same meaning as in the
Indian Wireless Telegraphy Act, 1933 (17 of 1933). (2)
Notwithstanding
anything contained in the Indian Telegraph Act, 1885 (13 of 1885), or the
Indian Wireless Telegraphy Act, 1933 (17 of 1933) or in the rules made under
either of those Acts, the Central Government may, by general or special order,
prohibit or regulate the establishing, maintaining or working of any wireless
telegraph or the possession of any wireless telegraphy apparatus. (3)
If any wireless
telegraph is established, maintained or worked, or any wireless telegraphy
apparatus is possessed, in contravention of an order made under sub-rule (2),
the person so establishing, maintaining or working the telegraph or possessing
the apparatus, and the occupier of the premises on which the telegraph or
apparatus is situated, or where the telegraph or apparatus is on board any
vessel or aircraft the master of the vessel or the pilot of the aircraft, as
the case may be, shall each be deemed to have contravened the order: Provided
that, in any proceedings which, by virtue of the provisions of this sub-rule,
are taken against any person in respect of the establishing, maintaining or
working of a wireless telegraph or the possession of wireless telegraphy
apparatus by some other person in contravention of an order made under sub-rule
(2), it shall be a defence for the accused to prove that the telegraph was so
established, maintained or worked or the apparatus was so possessed, without
his permission, and that he exercised all due diligence to prevent any
contravention of the order. (4)
Any member of the
Armed forces of the Union or any other person authorised in this behalf by the
Central Government may, in relation to any vessel or aircraft, take such steps
and use such force as may appear to that member or person to be necessary for
securing compliance with any order made under sub-rule (2), or where a
contravention of such an order has occurred, for enabling proceedings in
respect of the contravention to be taken. (5)
If any person has
in his possession any wireless telegraphy apparatus in contravention of any of
the provisions of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), or of
the rules made thereunder, he shall be deemed to have contravened the
provisions of this rule. (6)
An officer
authorised by the Central or a State Government in this behalf may seize any
wireless telegraphy apparatus which is possessed or used by any person in
contravention of this rule or of any order made thereunder or of any of the
provisions of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), and keep
it in safe custody subject to the orders of any court under this rule or of any
order made thereunder or of the Government. (7)
If any person
contravenes any of the provisions of this rule or of any order made thereunder
he shall be punishable with imprisonment for a term which may extend to five
years, or with fine, or with both. (8)
For the purposes
of this rule a court may presume that a person possesses wireless telegraphy apparatus
if such apparatus is under his ostensible charge or is located in any premises
or place over which he has effective control. (9)
If in the trial of
an offence under this rule the accused is convicted, the court shall decide
whether any wireless telegraph or wireless telegraphy apparatus in respect of
which an offence has been committed should be confiscated, and, if it so
decides, may order confiscation accordingly. (1)
The Central
Government or the State Government may by order require the person in
possession or having the control of any wireless receiving apparatus in respect
of which a commercial broadcast receiver licence is in force to use the same
for the dissemination to the public at such time and in such manner as may be
specified in the order of such matter as may be so specified. (2)
If any person
contravenes the provisions of any order made under this rule, he shall be
punishable with imprisonment for a term which may extend to six months or with
fine, or with both. (1)
The
Director-General, Posts and Telegraphs or any person authorised by him in this
behalf, may by order:— (a)
direct— (i)
that any public
telephone call office shall be closed to the public for such period as may be
specified; (ii)
that any
subscriber's telephone connation to any exchange shall be cut off for such
period as may be specified; (iii)
where a direction
has been given under sub-clause (ii), that sub-scriber shall surrender all
telephone apparatus and fittings on the premises to such person as may be
specified; (iv)
that any person
empowered by him in this behalf by order in writing may listen in to all
conversations or any specified conversation over any telephone system; (b)
make provision for
suspending or regulating the use otherwise than for Government purposes, of any
telegraph or telephone service in any area specified in the order; (c)
assume the control
or direction, or direct any person to assume the control or direction, of any
private telephone exchange or any connation with any such exchange. (2)
If any person
contravenes any order made under the provisions of sub-rule (1), he shall be
punishable with imprisonment for a term which may extend to six months, or with
fine, or with both. Notwithstanding
anything contained in sub-section (1) of Section 5 of the Indian Telegraph Act,
1885 (13 of 1885), any person appointed by the Central Government to be a
censor may— (a)
order that any telegraphic
message or class of messages to or from any person or class of persons, or
relating to any particular subject, brought for transmission by, or transmitted
or received by, any telegraph, shall not be transmitted or shall be intercepted
or detained or shall be disclosed to the censor or to any other officer of
Government mentioned in the order; (b)
paraphrase the
wording of nay telegraphic message suspected of conveying a secret meaning and
order the transmission of the message as so paraphrased; (c)
delete any part of
a telegraphic message which he considers to be prejudicial to the public safety
or interest or to the defence of India or civil defence or to the efficient
conduct of military operations; (d)
order the
transmission of any telegraphic message by a route different from that
prescribed by the sender. (1)
Subject to the
provisions of this rule, no person shall except with permission granted by the
Central Government, send or convey by post or otherwise from any place in India
to any destination outside India, or to any destination in India from any place
outside India— (a)
any instructions
for utilising any means of secretly conveying, receiving or recording
information, including any cipher or code; or (b)
any message in
cipher or code; or (c)
any substance or
article manufactured or designed for the purpose of secretly conveying,
receiving or recording information; or (d)
any document or
other article secretly conveying or recording any information. (2)
The provisions of
sub-rule (1) shall not apply to— (a)
the sending of
instructions for utilising any cipher or code the use of which is approved by
notified order of the Central Government; or (b)
the sending, in
accordance with conditions imposed by the Central Government, of any
telegraphic message in such cipher or code; or (c)
the sending of any
document conveying or recording information by means of such cipher or code,
being a document which specifies in clear the cipher or code used. (3)
The Central Government
may, in respect of any area, by notified order, declare that it is expedient to
control the use of means of secret communication therein, and thereupon the
provisions of sub-rule (1) shall apply in relation to that area as they apply
in relation to a destination or place outside India. (4)
Any person who has
in his possession or under his control any such instructions, message,
substance, document or other article as is mentioned in sub-rule (1) shall, if
required by the Central Government by a written order so to do, deliver up
those instructions or that message, substance, document or other article to
such authority or person as may be specified in the order. (5)
Nothing in
sub-rule (4) shall be taken to prevent the prosecution of any person in respect
of a contravention of the provisions of sub-rule (1). (6)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to three years with or with fine or
with both. (1)
For the purpose of
this rule and of Rule 23 the expression “postal article” includes a letter,
postcard, newspaper, book, pattern or sample packet, parcel and every article
or thing transmissible by post, and a money order. (2)
The Central
Government may, by general or special order, either generally or with reference
to any particular place within or without India, prohibit, regulate, restrict
or impose conditions upon the receipt or transmission in, or dispatch from,
India of any postal article or of any class or description of postal articles. (3)
Any order made
under sub-rule (2) may, with a view to securing compliance therewith, provide
for the interception, detention and examination of the contents of any postal
articles by such authorities and in such circumstances as may be specified in
the order. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both; and, if the order so provides, any Court trying such contravention may
direct that any postal article, in respect of which the Court is satisfied that
the order has been contravened, shall be forfeited to the Government. (1)
Notwithstanding
anything contained in Section 26 of the Indian Post Office Act, 1898 (6 of
1898), any person appointed by the Central Government to be a censor may— (a)
order that any
postal article or class or description of postal articles in course of
transmission by post shall be intercepted or detained or shall be disposed of
in such manner as the censor may direct; (b)
open and examine
the contents of any postal article, and delete, destroy or remove any part
thereof which the censor considers to be prejudicial to the public safety or
interest or to the defence of India or civil defence or the efficient conduct
of military operations. (2)
Any person who
delivers any postal article for transmission, either by an indirect route or
otherwise, in such a manner as is calculated to evade examination by a censor,
shall be punishable with imprisonment which may extend to five years, or with
fine, or with both. (1)
In this rule,— “photograph”
includes any photographic plate, photographic film or other sensitised article
which has been exposed in a camera whether such plate, film or other article
has been developed or not. (2)
The Central
Government may, by order, make provision for securing that, subject to any
exemptions for which provision may be made by the order, and except in
accordance with such conditions as may be contained therein, no article
whatsoever recording information and no document, pictorial representation, photograph
or gramophone record, shall be sent or conveyed, otherwise than by post, into
or from India. (3)
No person shall
have any article in his possession for the purpose of sending or conveying it
in contravention of an order made under sub-rule (2). (4)
Any prohibition or
restriction imposed by an order made under sub-rule (2), on the sending into,
or conveying from, India of articles, shall be deemed to have been imposed
under Section 19 of the Sea Customs Act, 1878 (8 of 1878) and all the provision
of that Act shall have effect accordingly: Provided
that where in respect of any contravention of this rule the Customs-collector
is of opinion that the penalties provided by the said Act are inadequate, he
may make a complaint to a magistrate having jurisdiction; and the accused
person shall, upon conviction, be punishable with imprisonment for a term which
may extend to five years, or with fine, or with both. (5)
Any officer of
customs may, for the purpose of carrying into effect the provisions of this
rule, take such steps (including the subjection of the article to any process)
as may be reasonably necessary for ascertaining whether an article does or does
not record any information. (6)
The Central
Government or the State Government may by order authorise any person for the
purposes of this rule to exercise the powers, and perform the duties, conferred
or imposed on a Customs-collector or any subordinate officer of customs by the
Sea Customs Act, 1878 (8 of 1878). Part IV RESTRICTION
OF MOVEMENTS AND ACTIVITIES OF PERSONS (1)
No person shall,
without the permission of the Central Government voluntarily enter any enemy
territory or voluntarily go on board any vessel or aircraft being used in the
service of a State committing external aggression against India. (2)
If any person
contravenes this rule, he shall be punishable with imprisonment for a term
which may extend to five years, or with fine, or with both. (1)
The Central
Government may, by notified order, make provision for securing that, subject to
such exemptions as may be provided for in the order, any person or class of
persons shall not, on coming from a place outside India, enter India elsewhere
than at such place as may be specified in the Order. (2)
If any person
enters India in contravention of any order made under sub-rule (1), or of the
provisions of, or of any rule or order made under, the Indian Passport Act,
1920 (34 of 1920), he shall, without prejudice to any other proceedings which
may be taken against him, be punishable with imprisonment for a term which may
extend to five years, or with fine, or with both. (3)
The master of any
vessel or the pilot of any aircraft by means of which any person enters India
in contravention of any order made under sub-rule (1) or of the provisions of,
or of any rule or order made under, the Indian Passport Act, 1920 (34 of 1920),
shall unless he proves that he exercised all due diligence to prevent the said
contravention, be deemed to have abetted the contravention. (1)
The Central
Government may by notified order, require any person of such class as may be
specified in the order who has entered India since such date as may be so
specified to furnish to such authority and in such manner as may be so
specified such particulars regarding himself, his dependent, his past and
prospective movements and any travel documents in his possession as may be
specified in the order. (2)
If any person
contravenes any order made under sub-rule (1), he shall be punishable with fine
up to one hundred rupees. (1)
The Central
Government may, by notified order, make provision for securing that, subject to
such exemptions as may be provided for in the order any person for the time
being in India or any class of such persons shall not— (a)
proceed from India
to a destination outside India except under the authority of a written permit
granted in such form and manner and by such authority or person as may be
specified in the order; (b)
for the purpose of
proceeding to a destination outside India, leave India elsewhere than at such
place as may be specified in the order. (2)
Where any police
officer not below the rank of Inspector, or any other public servant authorised
in this behalf by the Central Government, has reason to suspect that any person
who is about to depart from India is attempting so to depart for purposes
prejudicial to the public safety or to the defence of India, he may,
notwithstanding the fact that such departure does not contravene any order made
under sub-rule (1), prevent the departure of that person. (3)
Any police officer
or other public servant who prevents the departure of any person under sub-rule
(2) shall forthwith report the fact of such prevention to the Central
Government, and the Central Government may, if it thinks fit, by order,
prohibit such person at any time subsequently from leaving India so loong as
the order is in force. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to five years or with fine or with
both. (5)
The master of any
vessel or the pilot of any aircraft by means of which any person leaves India
in contravention of any order made under this rule shall, unless he proves that
he exercised all due diligence to prevent the said contravention, be deemed to
have abetted the contravention. (1)
If in the opinion
of the Central Government it is necessary or expedient so to do for securing
the defence of India and civil defence, the public safety or the efficient
conduct of military operations, that Government may be notified order make
provision for the regulation of the movement of persons within the territory of
India. (2)
In particular and
without prejudice to the generality of the foregoing power, an order made under
sub-rule (1) may provide that subject to such exceptions as may be specified in
the order, no person shall enter a town, or city or area specified in the order
from any place outside that town, city or area. (3)
Any person
contravening an order made under sub-rule (1) shall be punishable with
imprisonment which may extend to two years or with fine or with both. (1)
The Central
Government or the State Government, if it is satisfied with respect to any
particular person that with a view to preventing him from acting in any manner
prejudicial to the defence of India and civil defence, the public safety, the
maintenance of public order, India's relations with foreign powers, the [4][maintenance
of peaceful conditions in any part of India, the efficient conduct of military
operations or the maintenance of supplies and services essential to the life of
the community], it is necessary so to do, may make an order— (a)
directing such
person to remove himself from India in such manner, by such time and by such
route as may be specified in the order, and prohibiting his return to India; (b)
directing that he
be detained; (c)
directing that,
except in so far as he may be permitted by the provisions of the order, or by
such authority or person as may be specified therein he shall not be in any
such area or place in India as may be specified in the order; (d)
requiring him to
reside or remain in such place or within such area in India as may be specified
in the order or if he is not already there to proceed to that place or area
within such time as may be specified in the order; (e)
requiring him to
notify his movements or to report himself or both to notify his movements and
report himself in such manner at such times and to such authority or persons as
may be specified in the order; (f)
imposing upon him
such restrictions as may be specified in the order in respect of his employment
or business, in respect of his association or communication with other persons,
and in respect of his activities in relation to the dissemination of news or
propagation of opinions; (g)
prohibiting or
restricting the possession or use by him of any such article or articles as may
be specified in the order; (h)
otherwise
regulating his conduct in any such particular as may be specified in the order: Provided
that no order shall be made under clause (a) of this sub-rule in respect of any
citizen of India: Provided
further that no order shall be made by the State Government under clause (c) of
this sub-rule directing that any person ordinarily resident in the State shall
not be in the State. (2)
An order made
under sub-rule (1) may require the person in respect of whom it is made to
enter into a bond, with or without sureties, for the due performance of, or as
an alternative to the enforcement of such restrictions or conditions made in
the order as may be specified in the order. (3)
If any person is
in any area or place in contravention of an order made under the provisions of
this rule, or fails to leave any area or place in accordance with the
requirements of such an order, then, without prejudice to the provisions of
sub-rule (7) , he may be removed for such area or place by any police officer
or by any person acting on behalf of Government. (4)
So long as there
is in force in respect of any person such an order as aforesaid directing that
he be detained, he shall be liable to be detained in such place, and under such
conditions as to maintenance, discipline and the punishment of offences and
breaches of discipline, as the Central Government or the State Government, as
the case may be, may from time to time determine. (5)
Where the power to
determine the place of detention is exercisable by the State Government, the
power of the State Government shall include power to determine a place of
detention outside the State: Provided
that— (a)
no such place
shall be determined save with the previous consent of the State Government of
the State in which the place is situate, or, where the place is situate in a
Union territory, of the Central Government; (b)
the power to
determine the conditions of detention shall be exercised by the State
Government of the State in which the place is situate, or, where the place is
situate in a Union territory, of the Central Government. (6)
If the Central
Government or the State Government, as the case may be, has reason to believe
that a person in respect of whom that Government has made an order under
clause(b) of sub-rule (1) directing that he be detained has absconded or is
concealing himself so that such order cannot be executed, that Government may— (a)
make a report in
writing of the fact to a Presidency Magistrate or a Magistrate of the first
class having jurisdiction in the place where the said person ordinarily
resides; and thereupon the provisions of Sections 87, 88 and 89 of the Code of
Criminal Procedure, 1898, shall apply in respect of the said person and his property
as if the order directing that he be detained were a warrant issued by the
Magistrate; (b)
by notified order
direct the said person to appear before such officer, at such place and within
such period as may be specified in the order; and if the said person fails to
comply with such direction he shall, unless he proves that it was not possible
for him to comply therewith and that he had within the period specified in the
order informed the officer of the reason which rendered compliance therewith
impossible and of his whereabouts, be punishable with imprisonment for a term
which may be extended to seven years, or with fine, or with both. [5][(6-A)
An order under clause (b) of sub-rule (1) may be executed at any place in India
in the manner provided for the execution of warrants of arrest under the Code
of Criminal Procedure, 1898.] (7)
If any person
contravenes any [6][order
made under this rule, other than an order under clause (b) of sub-rule (6),] he
shall be punishable with imprisonment for a term which may extend to five
years, or with fine, or with both, and if such person has entered in to a bond
in pursuance of the provisions of sub-rule (2) his bond shall be forfeited, and
any person bound thereby shall pay the penalty thereof, or show cause to the
satisfaction of the convicting Court why such penalty should not be paid. (1)
In this rule— (a)
“detention order”
means an order made under clause (b) of sub-rule (1) of Rule 30; (b)
“State Government”
does not include the Administrator of a Union territory (hereafter in this rule
referred to as the Administrator). (2)
Every detention
order shall be reviewed in accordance with the provisions hereinafter
contained. (3)
A detention order
made by the Central Government or the State Government or the Administrator
shall be reviewed by the Central Government or the State Government or the
Administrator, as the case may be. (4)
A detention order
made by an officer (who shall in no case be lower in rank than that of a
District Magistrate) empowered by the State Government or the Administrator
shall be reviewed— (a)
in the case of an
order made by an officer empowered by the State Government, by a reviewing
authority consisting of any such two officers from among the following officers
of that Government, that is to say, the Chief Secretary, a member of the Board
of Revenue, a Financial Commissioner and a Commissioner of a Division, as may
be specified by that Government by notification in the Official Gazette; (b)
in the case of an
order made by an officer empowered by the Administrator, by the Administrator
himself. (5)
Where a detention
order is made by an officer empowered by the State Government or the
Administrator, that officer shall forthwith report the fact to the reviewing
authority referred to in clause (a) of sub-rule (4) or, as the case may be, to
the Administrator. (6)
On the receipt of
a report under sub-rule (5)— (a)
the reviewing
authority referred to in clause (a) of sub-rule (4) shall, after taking into
account all the circumstances of the case, recommend to the State Government
that the detention order may be confirmed or cancelled and thereupon that
Government shall either confirm or cancel the order as it may deem fit in the
light of the recommendation; (b)
the Administrator
shall, after taking into account all the circumstances of the case, either
confirm the detention order or cancel it. (7)
Every detention
order made by an officer empowered by a State Government and confirmed by it
under clause (a) of sub-rule (6), unless such order is cancelled in the
meantime by that Government, shall be reviewed by the reviewing authority
referred to in clause (a) of sub-rule (4) at intervals of not more than six
months and in the light of the recommendation of that authority, the State
Government shall decide whether the order should be continued or cancelled. (8)
Every detention
order made by an officer empowered by the Administrator and confirmed by him
under clause (b) of sub-rule (6) and every detention order made by the
Administrator himself, shall be reviewed at intervals of not more than six
months by the Administrator who shall decide upon such review whether the order
should be continued or cancelled. (9)
Every detention
order made by the Central Government or the State Government shall be reviewed
at intervals of not more than six months by the Government who made the order
and upon such review that Government shall decide whether the order should be
continued or cancelled. (10)
Notwithstanding
anything contained in the foregoing provisions of this rule, any detention
order may at any time be cancelled— (a)
by the Central
Government, where the order has been made by that Government; (b)
by the State
Government, where the order has been made by that Government or any officer
empowered by it; (c)
by the
Administrator, where the order has been made by the Administrator or any
officer empowered by him.][7] (1)
The Central
Government or, as the case may be, the State Government may, by order, direct
that any person in respect of whom an order has been made by that Government
under the provisions of Rule 30, shall— (a)
allow himself to
be photographed; (b)
allow his finger
and thumb impressions to be taken; (c)
furnish specimens
of his handwriting and signature; and (d)
attend at such
time and place before such authority or person as may be specified in the order
for all or any of the purposes mentioned in this sub-rule. (2)
If any person
contravenes any order made under this rule he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. (1)
If the Central
Government or the State Government is satisfied with respect to any
organisation either— (a)
that it is subject
to foreign influence or control; or (b)
that the persons
in control thereof, have, or have had, association with persons concerned in
the Government of or sympathies with the system of Government of, any State
committing external aggression against India or have been conspiring to assist
any such State. and
in either case that there is danger of the utilisation of the organisation for
purposes prejudicial to the defence of India and civil defence, the public
safety, the maintenance of public order, the efficient conduct of military
operations, the maintenance of supplies and services essential to the life of
the community, that Government may by notified order direct that this rule
shall apply to that organisation. (2)
If the Central
Government or the State Government is satisfied that any organisation is
engaged, in succession to any organisation to which this rule applies, in
activities substantially similar to those formerly carried on thereby, that
Government may by notified order direct this rule shall apply to that organisation, (3)
No person shall— (a)
manage or assist
in managing any organisation to which this rule applies; (b)
promote or assist
in promoting a meeting or any members of such an organisation, or attend any
such meeting in any capacity; (c)
publish any notice
or advertisement relating to any such meeting; (d)
invite persons to
support such an organisation; or otherwise in any way assist the operations of
such an organisation. (4)
The provisions of
Sections 17-A to 17-E of the Indian Criminal Law Amendment Act, 1908 (14 of
1908), shall apply in relation to an organisation to which this rule applies,
as they apply in relation to an unlawful association: Provided
that all powers and functions exercisable by the State Government under the
said sections as so applied shall be exercisable also by the Central
Government. (5)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to seven years, or with fine, or with
both. (1)
The Central
Government may, by order, make provision— (a)
for regulating
access to, and the conduct of persons in, places in India where prisoners as
denned in these rules are detained, and for prohibiting or regulating the
despatch or conveyance, from outside such places to or for prisoners therein,
of any such articles as may be specified in the order; (b)
for regulating the
conditions to be observed in connection with the employment and maintenance of
prisoners in India while elsewhere than in places for the detention of
prisoners; (c)
for prohibiting or
regulating communication with, or the supply of articles to prisoners in India. (2)
The provisions of
sub-rule (1) and of Sections 128, 129 and 130 of the Indian Penal Code (45 of
1860), shall apply in relation to a person detained or confined by order made
under clause (g) of sub-section (2) of Section 3 of the Foreigners Act, 1946
(31 of 1946), as they apply in relation to a prisoner. (3)
No proceedings
shall be taken, by virtue of this rule, against a person in respect of any act
done by him when he is himself a prisoner. (4)
If any person
contravenes any order made under the provisions of this rule, he shall he
punishable with imprisonment for a term which may extend to five years or with
fine or with booth. (1)
For the purposes
of this rule,— (a)
the expression
“name” shall be construed as including a surname, and (b)
a name shall be
deemed to be changed if the spelling thereof is altered. (2)
No citizen of
India shall assume or use or purport to assume or use for any purpose any name
other than that by which he was ordinarily known immediately before the date of
Proclamation of Emergency, unless at least one month before the day on which he
first assumes or uses or purports to assume or use that other name, he has
given to the State Government a notice specifying— (a)
his existing name
in full and the change which he proposes to make in it, and (b)
the address of his
residence. and
has complied with such orders in respect of such notice, including orders for
giving public intimation of his intention to change his name, as the State
Government may give. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to two years or with fine or with
both. (4)
Nothing in this
rule shall apply to the assumption or use— (a)
by any married
woman of her husband's name; (b)
of any name in
consequence of the grant of, or succession to, any rank or title; (c)
of any name in
such circumstances as may be specified by order of the Central Government or
the State Government. Part V PREVENTION
OR PREJUDICIAL ACTS AND CONTROL OF INFORMATION In
this Part, unless there is anything repugnant in the subject or context,— (1)
“Cinematograph
film”—“cinematograph film” includes a sound track, telefilm and any other
article on which sounds have been recorded for the purpose of their being
reproduced in connection with the exhibition of a film; (2)
“Confidential
information”—“confidential information” includes any information, whether true
or false, or any document or other record whatsoever containing or purporting
to contain, or calculated directly or indirectly to convey, any information,
whether true or false, with respect to any of the following matters, that is to
say— (a)
the proceedings of
any meeting of the Council of Ministers of the Union or of any Committee
thereof, or of any secret meeting of Parliament; (b)
the proceedings of
any committee, commission, conference, convention or delegation appointed or
convened by, or at the invitation of, the Central Government or Parliament to
deal with matters concerning the conduct of military operations, repulsion of
aggression or cessation of hostilities; (c)
the contents of
any secret or [8][confidential
document belonging to, or the contents of any document] which has in confidence
been communicated by, or any confidential information obtained from, Government
or any person in the service of Government and relating to any of the aforesaid
matters; (3)
“Essential
commodity”—“essential commodity” means food, water, fuel, light, power or any
other thing essential for the existence of the community which is notified in
this behalf by Government; (4)
“Exhibit” and
“Exhibition”—“exhibit” and “exhibition” and their grammatical variations
include, in relation to a cinematograph film, the mechanical or electrical
reproduction of any sounds in connection with the showing of the film; (5)
“Essential
commodity”—“essential commodity” means food, water, fuel, enemy” means any
information, whether true or false, or any document or other record whatsoever
containing or purporting to contain or calculated, directly or indirectly to
convey, any information whether true or false, with respect to any of the
following matters, that is to say,— (a)
the number,
description, armament, equipment, disposition, movement, sympathies or
condition of any of the Armed forces, vessels or aircraft of the Union; (b)
any operations or
projected operations of any of the Armed forces, vessels or aircraft of the
Union; (c)
any measures,
works, appliances or arrangements for or connected with or intended for the
defence or fortification of any place by or on behalf of the Armed forces of
the Union: (d)
the number,
description or location of any prisoners; (e)
any enemy agents,
that is to say, persons engaged in or believed to be engaged in assisting the
enemy; (f)
the condition of
the citizens of India or of any class thereof or the sympathies of such
citizens or class as regards matters relating to the conduct of military
operations; ‘ (g)
the
invention [9][design]
manufacture, quantity, supply, description, condition, disposition movement,
storage, repair, testing, trial or [10][use
of, or the result of any scientific or technological research relating to,] any
munitions or other thing which can be used in connection with the conduct of
military operations; (h)
any measures
works, appliances or arrangements for or connected with, or intended for the
protection of any munitions of war or other thing which can be used in
connection with the conduct of military operations; (i)
any arrangements
relating to the collection of means of transport or for the protection of— (i)
transport or
communications; or (ii)
the supply or
distribution of any essential commodity; (j)
any prohibited
place protected place or protected area, or any person or thing in, or relating
to, any such place or area or anything used in or done or proposed to be done
in, or in relation to, any such place or area; (k)
the passage of any
vessel or aircraft near or over any part of India; (l)
any losses or
casualties incurred by persons in the service of the Government, or the number
or description of any such persons returning to the active service of the
Government after casualty, or any injury or damage caused, whether by hostile
operations or otherwise, to any vessel or aircraft of the Union or to any
prohibited place, protected place or protected area, or to any person or thing
in any such place or area or to any munitions, or any injury or damage caused
by hostile operations to any other person or thing whatsoever; (m)
any cipher, code
or secret or official codeword or password; (n)
any orders,
instructions or regulations regarding, or connected with, any of the aforesaid
matters; (o)
any other matter
whatsoever information as to which would or might be, directly or indirectly
useful to the enemy; (6)
“prejudicial
act”—“prejudicial act” means any act which is intended or is likely— (a)
to prejudice
India's relations with any foreign power, or the maintenance of peaceful
conditions in any area; (b)
to cause
disaffection among, or to prejudice, prevent or interfere with the discipline,
health or training of, or the performance of their duties by, members of the
Armed forces of the Union or public servants; (c)
to render any
member of the Armed forces of the Union or any public servant incapable of
efficiently performing his duties as such, or to induce any member of such
forces or any public servant to fail in the performance of his duties as such; (d)
to prejudice the
recruiting of, or the attendance of persons or service in, any of the Armed
forces of the Union or the Civil Defence Service or any police force or fire
brigade or any other body of persons entered, enrolled or engaged as public
servants; (e)
to bring into
hatred or contempt, or to excite disaffection towards the Government
established by law in India; (f)
to bring into
hatred or contempt, or excite disaffection towards the Armed forces of the
Union or section thereof; (g)
to promote
feelings of enmity and hatred between different classes of persons in India; (h)
to cause fear or
alarm to the public or to any section of the public; (i)
to impede, delay
or restrict the means of transport or locomotion, any work necessary for the
efficient conduct of military operations, the production, handling or transport
of any munitions or the supply or distribution of any essential commodity; (j)
to cause or
produce, or to instigate or incited directly or indirectly, the cessation or
slowing down of work by a body of persons employed in any place of employment
in which one hundred persons or more are normally employed, in furtherance of
any strike which is prohibited under Rule 126 or is illegal under any law for
the time being in force. (k)
to render any
munitions wholly or partially ineffective or dangerous or to cause or increase
danger to any person using, the production, handling or transport of, any
munitions; (l)
to undermine
public confidence in the national credit or in any Government loan or security
or in any notes, coins or tokens which are legal tender in India or in any part
thereof, or to prejudice the success of any financial measures taken or
arrangements made by Government with a view to the efficient conduct of
military operations; (m)
to encourage or
incite any person or class of persons, or the public generally, to refuse or
defer payment of any land revenue, tax, rate, cess or other dues or amount
payable to Government or any local authority or payable under any law or custom
having the force of law for any services rendered to the community or any rent
of agricultural land or anything recoverable as arrears of or along with such
rent; (n)
to influence the
conduct or attitude of the public or of any section of the public in a manner
likely to be prejudicial to the defence of India and civil defence or to the
efficient conduct of military operations; (o)
to instigate
directly or indirectly the use of criminal force against public servants
generally or any class of public servants or any individual public servant; (p)
to instigate or
incite directly or indirect the commission or abetment of an offence punishable
under the Criminal Law Amendment Act 1961 (23 of 1961), or of an offence
punishable under Section 121, Section 121-A, Section 122, Section 131, or
Section 436 of the Indian Penal Code (45 of 1860), or of the offence of robbery
or dacoity; (q)
to instigate or
incite directly or indirectly the commission or abetment of an offence against
or against any rule made under the Indian Explosives Act, 1884 (4 of 1884), or
the Explosive Substances Act, 1908 (6 of 1908) or the Arms Act, 1959 (54 of
1959); (r)
to instigate or
incite directly or indirectly the commission or abetment of an offence against
the Army Act, 1950 (46 of 1950) or the Air Force Act, 1950 (45 of 1950) or the
Navy Act, 1957 (62 of 1957); (s)
otherwise to
prejudice the efficient conduct of military operations, the defence of India
and Civil defence or the public safety or interest; (7)
“Prejudicial
report”—“prejudicial report” means any report, statement or visible
representation, whether true or false, which, or the publishing of which, is,
or is an incitement to the commission of, a prejudicial act as defined in this
rule; (8)
“Press”—“press”
means a printing press and includes all plant, machinery, duplicators, types,
implements and other materials used for the purpose of or in connection with
printing or multiplying documents; (9)
“Unauthorised
cinematograph film”—“Unauthorised Cinematograph Film” means a cinematograph
film which has not been certified under Section 5-A of the Cinematograph Act
1952 (37 of 1952) or in respect of which the Central Government has directed
that it shall be deemed to be an uncertified film under clause (a) of
sub-section (2) of Section 6, or the exhibition of which has been suspended by
the Central Government under clause (c) of sub-section (2) of Section 6, or by
the Administrator of a Union territory under sub-section (1) of Section 13, of
the Cinematograph Act, 1952, or the exhibition of which has been suspended by
any State Government under the relevant provisions of any law in force in a
State regulating exhibition by means of a cinematograph. (1)
No person shall do
any act with intent to impair the efficiency or impede the working of, or to
cause damage to,— (a)
any building,
vehicle, machinery, [11][scientific
equipment,] apparatus or other property used, or intended to be used, for the
purposes of Government or any local authority; (b)
any railway (as
defined in the Indian Railways Act, 1890) (9 of 1890), tramway, road, canal,
irrigation work, installation on a canal or waterway bridge, culvert causeway,
port dockyard, lighthouse aerodrome, or any telegraph, telegraph line or post
(as defined in the Indian Telegraph Act, 1885) (13 of 1885); (c)
any rolling-stock
of a railway or tramway, any vessel or aircraft; (d)
any building or
other property used in connection with the production, distribution or supply
of any essential commodity, any sewage works, mine or factory [12][or
any laboratory or institution where scientific or technological research is
conducted]; (e)
any prohibited
place or protected place. (2)
The provisions of
sub-rule (1) shall apply in relation to any omission on the part of a person to
do anything which he is under a duty, either to Government or to any public
authority or to any person, to do, as they apply to the doing of any act by a
person. (3)
If any approaches,
or is in the neighbourhood of, any such building, place or property as is
mentioned in sub-rule (1), in circumstances which afford reason to believe that
he intends to contravene that sub-rule, he shall be deemed to have attempted a
contravention thereof. (4)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to seven years or with fine or with
both. (1)
In this rule
“sabotaged property” means property the possession of which has been
transferred by, or in consequence of, any such Act as is referred to in
sub-rule (1) or Rule 33. (2)
If any person
dishonestly receives or retains, or voluntarily assists in concealing or
disposing of or making away with, any sabotaged property, knowing, or having
reason to believe, the same to be sabotaged property, he shall be punishable
with imprisonment for a term which may extend to seven years, or with fine, or
with both. (1)
No person shall
knowingly— (a)
cause interference
with the sending or receiving of communications by post, telegraphy (including
wireless telephony) or television; or (b)
intercept any
postal, telegraphic or telephonic communication. (2)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
No person shall
communicate or associate with any other person if he has reasonable cause to
believe that such other person is engaged in assisting the enemy. (2)
In any proceedings
taken by virtue of sub-rule (1), it shall be a defence for the accused to prove
that the purpose of the communication or association in question was not
prejudicial to the defence of India and Civil defence, to the efficient conduct
of military operations or to the public safety. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years or with fine, or with
both. (1)
The Central
Government or the State Government, if it is satisfied that any article or
articles of any class or description are likely to assist the enemy to obtain
information of military value or otherwise to facilitate the preparation or
carrying out of hostile operations, may by order make provision— (a)
for requiring any
person who has any such article in his possession or under his control to
report the fact to such authority as may be specified in the order; (b)
for prohibiting or
restricting the acquisition sale, distribution, possession or disposal of such
articles; (c)
for requiring such
articles to be placed in the custody of such authority as may be specified in
the order; (d)
for authorising or
requiring the destruction of such articles; (e)
for such
incidental or supplementary matters as appear to the Central Government or the
State Government, as the case may be, to be necessary or expedient for the
purposes of the order. (2)
If any person
fails to comply with any order made in pursuance of this rule, he shall be
punishable with imprisonment for a term which may extend to three years, or
with fine, or with both. If
any person does any act which is likely to give assistance to the naval,
military or air operations of the enemy, he shall be punishable with
imprisonment for a term which may extend to seven years, or with fine, or with
both.][13] (1)
No person shall,
without lawful authority or excuse,— (a)
do any
prejudicial [14][act];
or (b)
obtain, collect,
record, elicit, make, print or publish, or distribute or communicate by any
means whatsoever to any other person, any information likely to assist the
enemy; or (c)
make, print
publish or distribute any document containing, or spread by any other means
whatsoever, any prejudicial report; or (d)
make, print,
produce, publish or distribute any publication containing, or communicate to
any person by any means whatsoever, any confidential information. (2)
The author,
editor, printer and publisher of, and any person who otherwise makes or
produces, any information likely to assist the enemy, any confidential
information or any prejudicial report, and any person who distributes or sells
any information or report of that nature, knowing it to be of such nature,
shall be deemed to have contravened this rule. (3)
Any person who
exhibits, or causes or allows to be exhibited, to the public or to any section
of the public any unauthorised cinematograph film containing any information
likely to assist the enemy, any confidential information or any prejudicial
report or any reference to or representation of any such information or report
and the licensee of any building or other premises licensed under Part III of
the Cinematograph Act, 1952 (37 of 1952), or under any law in force in a State
for giving exhibitions by means of a cinematograph, and the occupier, or, if
there is no occupier, the owner, of any other building, or other premises, in
or on which any unauthorised cinematograph film as aforesaid is exhibited shall
be deemed to have contravened this rule. (4)
The proprietor,
manager or any other person in control of any place in which, and every person
who takes part in any public performance of any play, pantomime, drama or
recitation in the course of which any confidential information, any information
likely to assist the enemy or any prejudicial report is published shall each be
deemed to have contravened this rule. (5)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both: Provided
that in any proceedings arising out of a contravention of this rule,— (a)
In relation to the
making or printing of any document or information, it shall be a defence for
the accused to prove that the said document or information was made or printed,
as the case may be,— (i)
before the
Ordinance came into force, or (ii)
with the
permission or under the authority of Government, or (iii)
as a proof
intended for submission to Government or to a person or authority designated by
Government in this behalf with a view to obtaining permission for its
publication; (b)
In relation to the
publication of any document or information it shall be a defence for the
accused to prove that the said document or information was published. (i)
before the
Ordinance came into force, or (ii)
with the
permission or under the authority of Government. (1)
No person shall,
without lawful authority, make, print, publish or distribute any document
containing, or spread by any other means whatsoever, any matter derived from
any enemy source. (2)
In any proceedings
arising out of a contravention of sub-rule (1), where it appears to the court
that the substance of any matter— (i)
broadcast from any
wireless broadcasting station operated or controlled by the enemy, or (ii)
published in any
leaflet dropped from the air or otherwise distributed by the enemy, is
at any subsequent time reproduced, whether in the same or a different form and
whether with or without comment, in any document, the court may presume that
the matter contained in the document is derived from an enemy source. (3)
If any person
contravenes the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
If in the opinion
of the State Government any local authority has used or is likely to use its
local fund, or has employed or permitted or is likely to employ or permit, any
of its officers, members or servants to act, in furtherance of any activity
prejudicial to the defence of India and civil defence, the public safety, the
maintenance of public order, the efficient conduct of military operations, or
the maintenance of supplies and services essential to the life of the
community, or has passed any resolution approving of or supporting any such
activity, or has failed to carry out any orders or direction lawfully made or
given to it, the State Government may by order supersede the local authority
for such period as may be specified in the order. (2)
When an order of
supersession has been made under sub-rule (1)— (a)
all the members of
the local authority shall, as from the date of super- session, vacate their
offices as such members; (b)
all the powers and
duties which may, by or under any law for the time being in force, be exercised
or performed by or on behalf of the local authority shall, until the local
authority is reconstituted in pursuance of an order under clause (b) or clause
(c) of sub-rule (3), be exercised and performed by such person or persons as
the State Government may direct: Provided
that any such person may direct— (i)
that any such
power or duty which immediately before making the order of supersession was by
or under any such law exercised or performed on behalf of the local authority
shall be exercised or performed on his behalf by that other person or
authority; (ii)
that any such
power or duty, whether or not it was so exercised or performed shall be
exercised or performed on his behalf by such person or authority as he may
specify in this behalf; (c)
all property
vested in the local authority shall, until the local authority is reconstituted
in pursuance of an order under clause (b) or clause (c) of sub-rule (3), vest
in the State Government. (3)
On the expiration
of the period of supersession specified in the order under sub-rule (1), the
State Government may— (a)
extend the period
for such further term as it may consider necessary; (b)
by order direct
that the local authority shall be reconstituted in the manner provided for the
constitution of the authority by or under the law relating thereto, and in such
case any persons who vacated their offices under clause (a) of sub-rule (2)
shall not be deemed disqualified for election, appointment or nomination,
unless in any particular case the State Government in the order so directs; or (c)
by order direct
that the local authority shall subject to any exception which may be specified
in the order (any vacancy occasioned by such exception being regarded as a
casual vacancy) be reconstituted by the persons who vacated their offices under
clause (a) of sub-rule (2), and shall recommence functioning as if it had not
been superseded: Provided
that the State Government may at any time before the expiration of the period
of supersession, whether as originally specified under sub-rule (1) or as
extended under this sub-rule, make an order under clause (b) or clause (c) of
this sub-rule. (1)
No person shall,
without lawful authority or excuse, have in his possession— (a)
any information
likely to assist the enemy or any confidential in-formation; or (b)
any document
containing any prejudicial report; or (c)
any unauthorised
cinematograph film of the nature described in sub-rule (3) of Rule 41. (2)
Any person who,
without lawful authority or excuse, has on any premises in his occupation or
under his control any document containing any information likely to assist the
enemy, any confidential information or any prejudicial report shall, unless he
proves that he did not know, and had no reason to suspect, that the said
document contained any such information or report as aforesaid, or that the
said document was on such premises without his knowledge or against his
consent, be deemed to have contravened this rule. (3)
The licensee of
any building or other premises licensed under Part III of the Cinematograph
Act, 1952 (37 of 1952), or under any Law in force in a state regulating
exhibitions by means of a cinematograph and the occupier, or, if there is no
occupier, the owner, of any other building or other premises, in or on which
any unauthorised film as aforesaid is found shall, unless he proves that the
said unauthorised film was in or on such building or other premises without his
knowledge or against his consent, be deemed to have contravened this rule. (4)
In any proceedings
arising out of a contravention of this rule in respect of the possession of any
document or information, it shall be a defence for the accused to prove that
the said document or information— (a)
was in his
possession with the permission or under the authority of Government; or (b)
was a proof
prepared by or for him for submission to Government or to a person or authority
designated by Government in this behalf with a view to the obtaining of
permission for its publication; or (c)
was published
before the Ordinance came into force. (5)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
Where in the
opinion of the Central Government or the State Government any document made,
printed or published, whether before or after the Ordinance came into force,
contains any confidential information, any information likely to assist the
enemy or any prejudicial report, that Government may, by order,— (a)
require the
editor, publisher or person in possession of such document to inform the
authority specified in the order of the name and address of any person
concerned in the supply or communication of such information or in the making
of such report; (b)
provide for the
safe keeping by persons in possession of such document and copies thereof; (c)
require the
delivery of such document and any copy thereof to an authority specified in the
order; (d)
prohibit the
further publication, sale or distribution of such document or any extract
therefrom or of any translation thereof, including, in the case of a newspaper
or other periodical, the publication, sale or distribution of any subsequent
issue thereof; (e)
declare such
document and very copy or translation thereof or extract therefrom, to be
forfeited to Government; [15][(f)
direct the keeper of the press used for the purpose of printing or publishing
such document to deposit as security, within such period as that Government may
in each case specify, such amount (which may at the option of the keeper of the
press be deposited either in money or in Government securities) as that
Government may think fit to require; (g) where
such security has been deposited, declare the same to be forfeited to
Government if the press or premises are thereafter used for any such purpose; (h) where
such security has not been deposited or where the press or premises are used
for any such purpose even after the security has been forfeited under clause
(g), direct that the press or premises shall be closed down.] Explanation.—In
this rule, ‘document’ includes gramophone records, sound tracks and any other
articles on which sounds have been recorded with a view to their subsequent
reproduction. (2)
Where in pursuance
of sub-rule (1) any document is required to be delivered to a specified
authority, that authority may enter upon and search any premises whereon or
wherein such document or any copy thereof is or is reasonably suspected to be. (3)
Where in pursuance
of sub-rule (1) any document has been declared to be forfeited to Government
any police officer may seize any copy thereof, wherever found in India and any
Magistrate may by warrant authorise any police officer not below the rank of
Sub-Inspector to enter upon and search any premises when on or wherein, such
document or any copy thereof is or is reasonably suspected to be. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with
both. (1)
The Central
Government or the State Government may, for the purpose of securing the defence
of India and civil defence, the public safety, the maintenance of public order
or the efficient conduct of military operations, by order addressed to a
printer, publisher or editor, or to printers, publishers and editors
generally,— (a)
require that all
matter, or any matter relating to a particular subject or class of subjects,
shall, before being published in any document or class of documents, be
submitted for scrutiny to an authority specified in the order; (b)
prohibit or
regulate the making or publishing of any document or class of documents, or of
any matter relating to a particular subject or class of subjects or the use of
any press. (2)
If any person
contravenes any order made under sub-rule (1), then, without prejudice to any
other proceedings which may be taken against such person, the Government making
the order may declare to be forfeited to Government every copy of any document
published or made in contravention of such order and any press used in the
making of such document. (3)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to five years or with fine, or with
both. (1)
For the purposes
of this rule, the expression “Controller” means the Controller of Patents and
Designs appointed under the Indian Patents and Designs Act, 1911 (2 of 1911). (2)
Where, either
before or after the coming into force of the Ordinance, an application has been
made to the Controller for the grant of a patent or the registration of a
design, the Controller, if he is satisfied that it is expedient for the defence
of India and civil defence or the efficient conduct of military operations so
to do, may, notwithstanding anything contained in the Indian Patents and
Designs Act, 1911 (2 of 1911), omit to do or delay the doing of anything which
he would otherwise be required to do in relation to the application, and by
order, prohibit or restrict the publication of information with respect to the
subject matter of the application, or the communication of such information to
particular persons or classes of persons. (3)
No person shall,
except under the authority of a written permit granted by the Controller, make
an application for the grant of a patent, or the registration of a design, in
any country or place outside India. (4)
If, in the opinion
of the Central Government, it is necessary or expedient for the defence of
India and civil defence or the efficient conduct of military operations so to
do the Central Government may by order require any person to furnish to such
authority or person as may be specified in the order, any such information in
his possession relating to any invention, design or process as may be specified
in the order or demanded of him by the said authority or person. (5)
The right of a
person to apply for, or to obtain, a patent in respect of an invention, or
registration in respect of a design, shall not be prejudiced by reason only of
the fact that the invention or design has previously been communicated to an
authority or person in compliance with any order given under sub-rule (4), or
used by an authority or person in consequence of such communication, and a
patent in respect of an invention, or the registration of a design, shall not
be held to be invalid by reason only of the fact that the invention or design
has been communicated or used as aforesaid. (6)
In connection with
the making, use or exercise of any invention or design on behalf of, or for the
services of the Government (whether by virtue of the Indian Patents and Designs
Act, 1911, or otherwise), the Central Government may by order authorise the use
of any drawing, model, plan, specification, or other document or information in
such manner as appears to the Central Government to be expedient for the
defence of India and civil defence or the efficient conduct of military
operations, notwithstanding anything to the contrary contained in any licence
or agreement; and any licence or agreement, if and in so far as it confers on
any person, otherwise than for the benefit of the Government the right to
receive any payment in respect of the use of any document or information in
pursuance of such an authorisation, shall be inoperative. (7)
If any person
contravenes any of the provisions of this rule, or any order made thereunder,
he shall be punishable with imprisonment for a term which may extend to five
years, or with fine, or with both, (1)
Whenever the State
Government is of opinion that any play, pantomime, or other drama performed, or
about to be performed in a public place contains any prejudicial report, or is
calculated to instigate the commission of a prejudicial act or to disseminate
or encourage feelings of hatred or disaffection towards any class or section of
persons in India, it may, by order, prohibit the performance. (2)
If any person
contravenes any order made under sub-rule (1), he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
The Central
Government or the State Government may by order declare any unauthorised
cinematograph film or any cinematograph film which is imported into India in
contravention of any order made under these rules to be forfeited to
Government. (2)
Where in pursuance
of sub-rule (1) any cinematograph film has been declared to be forfeited to
Government any police officer may seize such film wherever found in India and
any Magistrate may by warrant authorise any police officer not below the rank
of sub-inspector to enter upon and search any premises whereon or wherein any
such film is or is reasonably suspected to be. (1)
Subject to any
exemptions for which provision may be made by order of the appropriate Government,
no person shall, except under the authority of a written permit granted by or
on behalf of that Government,— (a)
have with him a
camera or any material for making a sketch, plan model or other representation,
in, or in the vicinity of, any prohibited place, protected place or protected
area or any other place or area notified in this behalf by the Central
Government, being a place or area in relation to which the restriction of
photography or the making of representations appears to that Government to be expedient
in the interests of the defence of India and civil defence; or (b)
make any
photograph, sketch, plan, model or other representation— (i)
of a prohibited
place, protected place or protected area, or of any part of, or object in, any
such place or area; (ii)
of an object of
any such description, as may be specified by order of the Central Government; (iii)
of, or of any part
of, or object in, any such place or area in India as may be notified by the
Central Government in pursuance of clause (a) of this sub-rule. (2)
In any proceedings
arising out of a contravention of clause (a) of sub-rule (1), it shall be a
defence for the accused to prove that at the date of the contravention
application had been made by him for the first time for the necessary permit in
relation to the camera or other article in respect of which the proceedings are
taken, and that the application was still pending at that date. (3)
The appropriate
Government may, by general or special order, make provision for securing that
photographs, sketches, plans and other representations made under the authority
of a permit granted in pursuance of sub-rule (1), shall not be published unless
and until they have been submitted to, and approved by, such authority or
person as may be specified in the order; and may retain, or destroy or
otherwise dispose of, anything submitted as aforesaid, (4)
If in or in the
vicinity of, any place or area to which this rule or any notification issued in
pursuance of this rule applies, any person is found in possession of a camera
or material for making a sketch, plan, model or other representation, then,
without prejudice to the provisions of sub-rule (5) or to any other proceedings
which may be taken against him, such camera or other material shall be liable
to forfeiture. (5)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to five years or with fine or with
both. (6)
In sub-rules (1)
and (3), the expression “appropriate Government” means the Central Government,
and except in relation to any prohibited place or to any place or area declared
by the Central Government to be a protected place or protected area, includes
also the State Government. If
the Central Government certifies that the disclosure— (1)
of any matter
required by sub-section (1) of Section 56 of the Companies Act, 1956 (1 of
1956), to be stated in a prospectus issued by or on behalf of a company or by
or on behalf of any person who is or has been engaged or interested in the
formation of the company, or (2)
of the contents of
a contract for the inspection of which or of a copy of which a time and place
is required by Schedule II to that Act to be stated in the prospectus, would be
prejudicial to the defence of India and civil defence, the public safety, the
maintenance of public order or the efficient conduct of military operations or
to the maintenance of supplies and services essential for the life of the
community, the requirements aforesaid shall be deemed to have been complied
with by the annexing to the prospectus of a copy of the certificate, and no
matter to which the certificate relates shall be stated in the prospectus, nor
shall any contract to which the certificate relates or any copy thereof be made
available for inspection. (1)
This rule applies
to any of the following undertakings carried on in India by any person or
authority whatsoever (including Government)— (i)
undertakings for
the supply of electricity; (ii)
undertakings for
the supply of water; (iii)
inland water
transport undertakings; (iv)
port, harbour,
dock or pier undertakings; (v)
colliery and
mining undertakings; and (vi)
railways. (2)
No person shall
publish, or cause or allow to be published, in India the accounts, or any copy
thereof or extract thereon, of any undertaking to which this rule applies, or
any report or other document, or any copy thereof or extract therefrom,
relating to the operation of the undertaking which discloses any information
contained in any such accounts or any statistical or other information relating
to the progress of the undertaking. (3)
Nothing in
sub-rule (2) shall, unless the Central Government by general or special order
otherwise direct, be deemed— (a)
to relieve any
person carrying on an undertaking to which this rule applies from any
obligation to furnish to Government or to any government authority such
accounts, reports or documents or copies thereof, or extracts therefrom; (b)
to prohibit the
publication of such accounts, reports or documents, or copies thereof, or
extracts therefrom, to— (i)
Government, (ii)
any Government or
local authority, (iii)
the members of a
local authority where the undertaking is carried on by the local authority, (iv)
the directors or
managing agents of a company where the undertaking is carried on by the
company, (v)
the auditors of
the accounts of the undertaking, (vi)
such other
persons, or in such circumstances, as may be authorised by the Central
Government; (c)
to apply to the
publication by or on behalf of any person carrying on an inland writer a
transport undertaking of any time-table relating to such undertaking; (d)
to prohibit
inspection of such accounts, reports or documents, or copies thereof, or
extracts therefrom, at the offices of the undertaking by any person who but for
this rule would have been entitled to obtain, receive or inspect such accounts
reports or documents, or to receive information as to the contents thereof, and
who shall have given to the undertaking not less than seven days' prior notice
in writing of his desire to inspect the same. (4)
Where publication
in made under the provisions of sub-rule (3) to the members of a local
authority or to the Directors or Managing Agents of a company, such publication
shall only be made if the accounts, reports or documents are clearly marked
with a statement that they are confidential and not to be published to any
person other then another member of the local authority or another director or
a member of the managing agents of the company, as the case may be. (5)
Notwithstanding
anything contained in the Companies Act, 1956 (1 of 1956), a Registrar of
Companies may in his discretion refuse to allow inspection, or to grant copies,
of any such accounts, reports or documents as are referred to in sub-rule (2). (6)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
fine which may extend to one thousand rupees. (1)
If a receiver of
wreck is of opinion that the publication of a notification under [16][Section
397] of the Merchant Shipping Act, 1958 (44 of 1958), in respect of any wreck
taken possession of by him may in any way assist the enemy or prejudice the
efficient conduct of military operations, he shall refer the matter to the
Central Government and shall not publish the notification required by that
section unless directed to do so by the Central Government. (2)
On receiving a
report under sub-rule (1), the Central Government may either direct the
receiver of wreck to proceed in accordance with the provisions of Sections 397,
398 and 399 of the Merchant Shipping Act, 1958 (44 of 1958), or issue such
other directions regarding the disposal of the wreck as the Central Government
may in the circumstances deem proper, Part VI FALSE
REPRESENTATIONS, ETC. (1)
In this rule the
expression “Government” means any Government whether within or without India. (2)
No person shall do
any act, or make any statement,— (a)
calculated falsely
to suggest that he or any other person is or is not acting (either generally or
in a particular capacity) in the service, or on behalf, of Government, or as a
public servant, or (b)
calculated falsely
to suggest that any article or property does or does not belong to, or is or is
not in the possession or under the control of Government or has or has not been
classified, selected or appropriated on behalf of Government for any particular
purpose, or (c)
whereby any
directions, instructions or information falsely purporting to be duly issued or
given for purposes connected with the defence of India or the securing of the
public safety, are communicated or are intended to be communicated to the
public or to any section thereof, or (d)
having reasonable
cause to believe that the said act or statement is likely to mislead any person
in the discharge of any lawful functions in connection with the defence of
India or civil defence or the securing of the public safety. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both, (1)
In this rule— (a)
“Government” means
any Government within or without India; (b)
“official
document” includes any passport, pass permit, certificate, licensee notice or
other document issued by or under the authority of Government or any officer of
the Armed forces of the Union or any police officer; (c)
“official seal”
includes any die, seal, plate or other instrument for making an impression or
stamp and any impression or stamp of any such die, seal, plate or other
instrument, belonging to, or used, made or provided by or for, any Government. (2)
No person shall— (a)
forge, alter,
temper with or destroy any official document or any application, request or
receipt in respect of any official document; or (b)
use or have in his
possession any forged or altered official document, or any document so nearly
resembling an official document as to be calculated to deceive; or (c)
personate or
falsely represent himself to be, or not to be, a person to whom an official
document relates or to whom an official document or any secret official
codeword or password has been duly issued or communicated; or (d)
with intent to
obtain an official document, secret official codeword or password, whether for
himself or for any other person, knowingly make any false statement; or (e)
without lawful authority
make, use or have in his possession or under his control any official seal or
any die, seal, plate or other instrument so nearly resembling an official seal
as to be calculated to deceive. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both, (1)
No person shall
without lawful authority use or wear— (a)
any official
uniform, Indian or foreign, or any dress so nearly resembling such uniform as
to be calculated to deceive; or (b)
any official
decoration, medal, badge or mark of rank, rating, qualification or duty, Indian
or foreign or any copy or miniature thereof, or any ribbon or other emblem
designed for use therewith or indicating possession thereof, or any article so
nearly resembling any of the aforesaid articles as to be calculated to deceive. (2)
No person shall
falsely represent himself to be a person who possesses or has possessed lawful
authority to use or wear any such uniform or article as is mentioned in
sub-rule (1). (3)
No person shall
supply or offer to supply any such uniform or article as is mentioned in
sub-rule (1) to or for any person whom he knows to be without lawful authority
to use or wear it. (4)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (5)
In any prosecution
under sub-rule (1) or sub-rule (2), the onus of proving that a person possessed
lawful authority to use or wear any such uniform or article as is mentioned in
sub-rule (1) shall, notwithstanding anything contained in the Indian Evidence
Act, 1872 (1 of 1872), lie upon that person. Part VII PREPARATIONS
FOR DEFENCE (1)
The Central
Government or the State Government may, if it appears necessary for the purpose
of meeting any actual or apprehended attack or of protecting persons and
property from the dangers involved in or resulting from such attack or of
facilitating any operation of the Armed Forces of the Union, by order direct,
in respect of any specified area, that, subject to any exemptions made by
general order or special permission,— (a)
all persons or any
class of persons shall remove themselves or be removed from the said area or to
any specified part thereof; (b)
all persons or any
class of persons in the said area shall remain therein for such period as may
be specified; (c)
any animals or
property or any specified class of animals or property shall be removed from
the said area or to any specified part thereof; (d)
within a specified
time any building or other property specified in the order shall be destroyed
or rendered useless; and may do any other act involving interference with private
rights of property which is necessary for any of the purposes aforesaid. (2)
An order made
under sub-rule (1) for the removal of persons, animals or property may specify— (a)
the route or
routes by which all or any class of persons, animals or property are to remove
themselves or be removed from the specified area or to any specified part
thereof; (b)
the time or times
by which they are to remove themselves or be removed therefrom or to any
specified part thereof; (c)
the place or
places to which they are to proceed or be taken on removing themselves or being
removed from the specified area; and
may make such other incidental and supplementary provisions as may appear
necessary or expedient for the purposes of the said order (3)
If any order made
under sub-rule (1) is contravened in respect of any animal or property, the
person in charge of such animal or property shall be deemed to have contravened
the order. (4)
The State
Government may, if it appears necessary for any of the purposes specified in
sub-rule (1) or for facilitating the evacuation of any area, by general or
special order provide for the release, whether temporary or permanent or
whether without conditions or upon such conditions as may be specified of any
prisoners or class of prisoners. [17][Explanation.—In
this sub-rule, “prisoners” shall mean prisoners confined by order of a Court.] (5)
If any persons
contravenes any order made under this rule he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both, (1)
In the event of
the occurrence of hostile attack in the vicinity, any person authorised by the
Central Government or the State Government in this behalf may, with a view to
securing the public safety or maintaining public order, slaughter any animal
which appears to him to be— (a)
at large or out of
control; (b)
dangerous or
seriously injured, (2)
The power to
slaughter an animal conferred under sub-rule (1) shall include powers— (a)
to cause or
procure the animal to be slaughtered by some other person; (b)
to enter, and to
authorise any such other person to enter, upon any land for the purpose of the
slaughter; (c)
to remove and
dispose of the carcass, or cause it to be removed and disposed of; Provided
that except where an animal is slaughtered in a place to which the public have
access, the power to remove the carcass shall not be exercised if the owner of
the animal is present and objects. (1)
The Central
Government or the State Government may, for the purpose of accommodating any
person who have left or been removed from their homes in accordance with any
order made under Rule 57 (or who have left their homes on account of actual or
apprehended attack) take possession of any premises other than those
exclusively used by the public for religious worship. (2)
Whenever in
pursuance of sub-rule (1) the Central Government or a State Government takes
possession of any premises rent shall be paid for in accordance with the
provisions relating to the payment of compensation in respect of immovable
property which have been requisitioned under Chapter V of the Ordinance. (3)
The Central
Government or the State Government, as the case may be, may at any time, restore
possession of any premises in respect of which action has been taken under
sub-rule (1) to the owner or occupier thereof and may order that no person
shall thereafter be in those premises except with the consent of the occupier. (4)
If any person
contravenes any order made under this rule, be shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
The Central
Government may by notified order authorise the carrying out of defence
exercises in such area and during such period as may be specified in the order,
and thereupon, within the area and during the period so specified— (a)
any person engaged
in the defence exercises may pass over, or encamp, construct works of a
temporary character or execute manoeuvres on any land, or supply themselves
with water from any source of water; (b)
any officer of the
Armed Forces of the Union may for the purpose of the defence exercises give
directions prohibiting or restricting the use of any part of a railway,
water-way, road or path, or of any telegraph or telephone service or of any
premises ordinarily open to the public, and take such further measures as may
be authorised in this behalf by general or special order of the Officer
Commanding-in-Charge, the Command. (2)
Notwithstanding
anything to the contrary contained in the Indian Railways Act, 1890 (IX of
1890), the Indian Telegraph Act, 1885 (XIII of 1885), or any other enactment,
every public servant shall be bound to comply with any directions given to him
under sub-rule (1). (3)
Where any defence
exercises are held under the provisions of sub-rule (1), compensation shall be
paid for any damage to person or property or interference with rights or
privileges arising from such exercises, including expenses reasonably incurred
in protecting person, property, rights or privileges; and assessment and
payment of compensation shall be made in accordance with the provisions of
Section 6 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (V of
1938); Provided
that no compensation shall be payable in respect of such interference arising
out of any direction given or further measures taken under clause (b) of
sub-rule (1). (4)
If any person
contravenes any direction given under sub-rule (1) , he shall be punishable
with fine which may extend to one thousand rupees. (1)
The Central
Government or the State Government may by order authorise the carrying out of
field firing and artillery practice throughout such area and during such period
as may be specified in the order, and thereupon such persons as are included in
the forces engaged in field firing or artillery practice may, within the area
and during the period so specified— (a)
carry out field firing
and artillery practice with lethal missiles; (b)
exercise any of
the rights conferred on persons engaged in defence exercises by clause (a) of
sub-rule (1) of Rule 60. Explanation.—In
this rule “field firing” includes air armament practice. (2)
The Officer Commanding
the forces engaged in any such practice may declare the specified area or any
part thereof to be a danger zone and thereupon the Collector or any officer
authorised by the Collector by general or special order in this behalf shall on
application made to him by the said officer, prohibit the entry into and secure
the removal from such danger zone of all persons and domestic animals during
the times when the discharge of lethal missiles is taking place or there is
danger of life or health. (3)
Where any field
firing or artillery practice is carried out under the provisions of sub-rule
(1), compensation shall be payable in accordance with the provisions of Section
11 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of
1938): Provided
that in applying the provisions of Section 8 of said Act to any such case, the
words ‘to accompany the forces engaged in the manoeuveros’ shall be deemed to
have been omitted from sub-section (1) thereof. (4)
If during any
period specified in an order made under sub-rule (1) any person within an area
so specified— (a)
wilfully obstructs
or interferes with the carrying out of field firing or artillery practice, or (b)
without due
authority enters or remains in any camp, or (c)
without due
authority enters or remains in any area declared to be a danger zone at a time
when entry thereto is prohibited, or (d)
without due
authority interferes with any flag or mark or target or any apparatus used for
the purposes of the practice, he
shall be deemed to have contravened the provisions of this rule, and shall be
punishable with fine which may extend to ten rupees. (1)
The Central
Government or the State Government may by order authorise the carrying out of
artillery practice and coastal firing towards the sea throughout such area of
the sea and during such period as may be specified in the order, and thereupon
such persons as are included in the forces engaged in the said coastal firing
and artillery practice may, within the area and during the period so specified— (a)
carry out coastal
firing and artillery practice with a lethal missile; (b)
give directions
prohibiting or restricting the use of any part of the area of the sea or the
shores adjoining, including the use of any part of a Railway, water-way, road
or path or of any telegraph or telephone services or of any premises ordinarily
open to the public or the use of any part of the area of the sea by all
vessels, ships, boats of any kind whatever, and take such further measures as may
be necessary to ensure that no unauthorised person enters, passes over or is in
the area of the sea during such practices. Explanation.—In
this rule, “Coastal Firing and Artillery Practice” includes air armament
practice. (2)
The Officer
Commanding the forces engaged in any such practice may declare the specified
area of the sea or any part thereof including such adjoining portion of land or
shore to be a danger zone and thereupon the forces deputed for this purpose
shall prohibit the entry info and secure the removal, from such danger zones of
all persons and of navigating craft of any description whatever during the time
the discharge of lethal missiles is taking place or there is danger to life or
health. (3)
If during any
period specified in an order made under sub-rule (1) any person within an area
so specified— (a)
wilfully obstructs
or interferes with the carrying out of coastal firing and artillery practice,
or (b)
without due
authority enters or remains in any camp from which firing is carried out, or (c)
without due
authority enters or remains in any area declared to be a danger zone at a time
when entry thereto is prohibited, or (d)
without due
authority interferes with any buoy or mark or target or any apparatus used for
the purposes of the practice, he
shall be deemed to have contravened the provisions of this rule, and shall be
punishable with fine which may extend to twenty rupees. (1)
In this rule, “the
appropriate Government” means in relation to premises in cantonment areas, the
Central Government and in relation to premises in other areas, the Central
Government or the State Government. (2)
The appropriate
Government may by order require the occupier of any premises to furnish
therein, while the order remains in force, such accommodation by way of lodging
or food or both, and either with or without attendance, as may be specified in
the order for such persons as may be so specified. (3)
The appropriate
Government may by order require the owner or occupier of any premises to
furnish to such authority as may be specified in the order such information
with respect to the accommodation contained in the premises and with respect to
the persons living therein as may be so specified. (4)
The price payable
in respect of any accommodation furnished in any premises to any person in
accordance with an order made under sub-rule (2) shall be such as may be
determined by the appropriate Government, and shall be paid to the occupier by
that Government; and the amount of any sum paid in accordance with this sub-rule
by the appropriate Government in respect of accommodation furnished to any
person may be recovered by that Government from that person as an arrear of
land revenue. (5)
The appropriate
Government may by order appoint an authority to hear complaints in respect of
orders made under sub-rule (2); and any person who is aggrieved by the service
upon him or by the operation, of such an order may make a complaint to such
authority, and upon hearing the complaint such authority may cancel or vary
such order as it thinks fit. (6)
If any person
contravenes any order made under this rule, he shall be punishable with fine
which may extend to one thousand rupees. (1)
The Central
Government or the State Government may, with a view to protecting the general
public or any members thereof against the dangers involved in any apprehended
attack by land, sea or air, for with a view to acquainting the general public
or any members thereof with the action to be taken in such an emergency, by
order specify the action to be taken by any person or authority on such
occasions as may be specified. (2)
An order made
under sub-rule (1) may, provide that upon the giving of any specified notice or
signal any person or class of persons may, subject to such conditions and in
such circumstances as may be specified, enter and remain in or on any premises
or property notwithstanding that such premises or property would not otherwise
be open to the public which may be specified or which may be appointed for the
purpose of this rule by any specified authority or person. (3)
No person shall— (a)
wilfully obstruct
any person entering or seeking to enter any premises or property in accordance
with an order made under this rule, or (b)
eject from any
premises or property any person who is entitled to remain there by virtue of
such an order. (4)
If any person
contravenes any of the provisions of this rule, or any order made thereunder,
he shall be punishable with imprisonment for a term which may extend to six
months, or with fine, or with both. (1)
The Central
Government or the State Government may by general or special order make
provision— (a)
for requiring the
occupiers of any premises to which the order applies to make and carry out such
arrangements as may be specified in the order with a view to securing that
fires occurring at the premises as a result of hostile attack will be
immediately detected and combated; (b)
for requiring the
occupiers of several premises jointly to make and carry out such arrangements
as aforesaid for all those premises, and in particular for requiring that they
shall take turns, of duty at specified premises and perform such fire
prevention duties as may be allotted to them under those arrangements; (c)
for empowering any
authority, in such circumstances as may be specified in the order, to make and
carry out such arrangements as aforesaid, including a joint arrangement as
respects any premises to which the order applies, and where it carries out such
arrangements, to recover from the occupiers concerned the expenses of so doing. Explanation.—In
clause (b) of this sub-rule, “fire prevention duties” means the duties of
keeping a watch for the fall of incendiary bombs, taking such steps as are
immediately practicable to combat a fire caused by such bombs and summoning
such assistance as may be necessary, and includes the duty of being in
readiness to perform any such duties as aforesaid. (2)
An order under
sub-rule (1) shall entitle any person required thereby to be present on
premises to which the order applies to have access to those premises for the
purpose of complying with the order notwithstanding that the premises would not
otherwise be open to the public, and any one who obstructs access thereto by
any such person for that purpose shall be deemed to contravene the provisions
of the order. (3)
Any police
officer, or any other person authorised in this behalf by the Central
Government or the State Government, may at any time enter and inspect any
premises to which any order made under sub-rule (1) applies for the purpose of
seeing whether the order is being complied with. (4)
If any person
contravenes any of the provisions of an order made under this rule, he shall be
punishable with imprisonment for a term which may extend to six months, or with
fine, or with both. (1)
With a view to
preventing the spread, or facilitating the detection and extinction, of fire
caused by hostile attack from the air, the Central Government or the State
Government may by order make provision for requiring the owners or occupiers of
the premises to which the order applies to take within such period as may be
specified in the order such measures as may be so specified. (2)
Any police
officer, or any person authorised in this behalf by the Central Government or
the State Government, may at any time enter and inspect any premises to which
an order made under sub-rule (1) applies for the purpose of seeing whether the
order has been complied with, and if that officer or person finds that the
order has not been complied with, he may, without prejudice to any other
proceedings which may be taken in respect of the contravention of the order,
take such steps and use such force as may appear to him to be reasonably
necessary for giving effect to the order. (3)
If in the opinion
of the Central Government or the State Government any person who has been
ordered under sub-rule (1) to take any measure has failed to take or is
unlikely to complete the measures within the period specified in the order,
then, without prejudice to any other proceedings which may be taken in respect
of the contravention of the order, that Government may cause the said measures
to be taken or completed and the cost thereof shall be recoverable from the
owner or occupier of the premises by the Collector as if it were an arrear of
land revenue. (4)
In the event of
any outbreak of fire, any person authorised in this behalf by the Central
Government or the State Government, may take or cause to be taken such steps
and give such directions as appear to him to be necessary for preventing the
spread of fire; and the steps which may be so taken include entering upon any
land or the property whatsoever and the destruction or removal of anything in,
on or over any land or property. (5)
If any person
contravenes any of the provisions of an order made under this rule, he shall be
punishable with imprisonment for a term which may extend to six months, or with
fine, or with both. (1)
The Central
Government may by order require the owner, manager or agent of any mine, or the
occupier or manager of any factory— (a)
to make, within
such period as may be specified in the order, a report in writing stating the
measures which he has taken or is taking or proposing to take to secure the due
functioning of the mine or factory, and the safety of persons and property
therein and in the vicinity thereof, in the event of an outbreak of fire
whether caused by accident of otherwise; (b)
to take, within
such period as may be specified in the order, such measures as may be so
specified, being measures the taking of which is in the opinion of the Central
Government necessary for the purposes aforesaid. (2)
The Central
Government may by order require any person or class of persons employed in or
in connection with, or resident within three miles of, any mine or factory, or
class of mines or factories, or any local authority within whose jurisdiction
any mine or factory is situated, to take within such period as may be
specified, being measures the taking of which is in the opinion of the Central
Government necessary to secure the due functioning of such mine or factory, or
class of mines or factories, and the safety of persons or property therein or
in the vicinity thereof, in the event of an outbreak of fire whether caused by
accident or otherwise. (3)
Any person
authorised in this behalf by the Central Government may at any time— (a)
enter and inspect
any factory or mine for the purpose of ascertaining what measure have been, or
ought to be, taken to secure the due functioning of the mine or factory, and
the safety of persons and property therein and in the vicinity thereof, in the
event of an outbreak of fire whether caused by accident or otherwise; (b)
enter and inspect
any premises belonging to or occupied by any person or authority to whom an
order made under sub-rule (1) or sub-rule (2) relates for the purpose of seeing
whether the order has been complied with. (4)
If in the opinion
of the Central Government any person or authority who has been ordered under
sub-rule (1) or sub-rule (2) to take any measures have failed to take, or is
unlikely to complete, the measures within the period specified in the order,
then, without prejudice to any other proceedings which may be taken in respect
of the contravention of the order, the Central Government may cause the said
measures to be taken or completed and the cost thereof shall be recoverable by
the Collector as if it were an arrear of land revenue from such person or
authority, or where such person is the manager or agent of a mine or the
manager of a factory, from the owner of the mine or, as the case may be, the
occupier of the factory. (5)
For the purposes
of this rule— (i)
“mine” means any
mine as defined in clause (j) of Section 2 of the mines Act, 1952 (35 of 1952); (ii)
“factory” means
any factory subject to the operation of the Factories Act, 1948 (63 of 1948),
and includes any other premises which in the opinion of the Central Government
are being used for maintaining supplies or services essential to the life of
the community. (6)
If any person
contravenes any of the provisions of an order made under this rule, he shall be
punishable with imprisonment for a term which may extend to three years, or
with fine, or with both. (1)
The Central
Government or the State Government may by order as respects any area specified
in the order provide for securing that, subject to any exemptions for which
provisions may be made in the order, no building, or no building of such class
as may be specified in the order, shall be erected, extended or structurally
altered except with the permission of that Government and in accordance with
such requirements as to lay-out, materials and constructions which it is in the
opinion of that Government necessary to impose for the purpose of rendering the
building less vulnerable to air raids or of affording better protection to
persons using or resorting to it. (2)
If any person
contravenes any of the provisions of an order made under this rule, he shall be
punishable with imprisonment for a term which may extend to three years, or
with fine, or with both. (1)
The Central
Government or the State Government may by order, as respects such premises as
may be specified in the order,— (a)
require the owner
of the premises to take within such period as may be specified in the order,
such measures as may be so specified; or (b)
authorise any
person to take such measures as may be so specified, being measures which are
in the opinion of that Government necessary to secure that such premises are or
can be made less readily recognisable in the event of hostile attack. (2)
If in the opinion
of the Central Government or, as the case may be, the State Government, any
person who has been ordered under sub-rule (1) to take any measures has failed
to take, or is unlikely to complete, the measures within the period specified
in the order, then, without prejudice to any other proceedings which may be
taken in respect of the contravention of the order, that Government may cause
the said measures to be taken or completed, and the cost thereof shall be
recoverable from such person by the Collector as if it were an arrear of land
revenue. (3)
No person shall,
except with permission granted by or on behalf of the Central Government or the
State Government, as the case may be, remove, alter, or tamper with any work
done in pursuance of this rule. (4)
If any person
contravenes any of the provisions of this rule, or any order made thereunder,
he shall be punishable with imprisonment for a term which may extend to six
months, or with fine, or with both. (1)
In this rule “the
appropriate Government” means, in relation to cantonment authorities and in
relation to port authorities in major ports, the Central Government, and in
relation to other local authorities the State Government. (2)
The provisions of
this rule and of any order made thereunder shall have effect notwithstanding
anything contained in any law or instrument defining the powers, duties or
obligations of a local authority. (3)
The appropriate
Government may by order require any local authority to take, within such period
as may be specified in the order, such measures as may be so specified, being
measures which are in the opinion of that Government necessary for the
protection of persons and property under the control or within the jurisdiction
of such authority from injury or damage, or for ensuring the due maintenance of
the vital services of the authority, in the event of hostile attack; and
thereupon— (a)
it shall be the
duty of the local authority to comply with the order, (b)
the funds of the
local authority shall be applicable to the payment of the charges and expenses
incidental to such compliance, and (c)
priority shall be
given to such compliance over all other duties and obligations of the local
authority. (4)
If in the opinion
of the appropriate Government any local authority which has been ordered under
sub-rule (3) to take any measures has failed to take, or is unlikely to
complete, the measures within the period specified in the order, then, without
prejudice to any other proceedings which may be taken in respect of the
contravention of the order, the appropriate Government may authorise any person
to take or complete the said measures, and any person so authorised may, for
the purpose of taking or completing the said measures, exercise all or any of
the powers of the local authority or of its officers, issue such directions as
he thinks fit to the officers or servants of the local authority and employ any
outside agency, and all charges and expenses incurred by him shall, except to
such extent, if any, as the appropriate Government may direct to be paid out of
its Consolidated Fund, be paid out of the funds of the local authority. (5)
Any person
authorised in this behalf by the appropriate Government may if he considers it
necessary or expedient so to do,— (a)
by order direct a
local authority or any of its officers or servants to take such action as may
be specified in the order, being action which is in his opinion necessary for
the protection of persons and property under the control or within the
jurisdiction of the local authority from the danger involved in or resulting
from an actual or apprehended hostile attack; (b)
impress and use or
cause to be used for the aforesaid purpose any property belonging to or in the
possession of the local authority in such manner as he thinks fit; and
it shall be the duty of the local authority and of its officers and servants to
comply forthwith with any order made under this rule, and the funds of the
local authority shall be applicable to the payment of any charges and expenses
incidental to such compliance. (6)
The appropriate
Government may, if it considers it necessary or expedient so to do, by order
authorise any person to take over from a local authority and administer in
accordance with such directions as may be issued from time to time by that
Government such of the services of the local authority as may be specified in
the order; and any person so authorised may, for the purpose of administering
the said services, exercise all or any of the powers of the local authority or
of any Committee or officer of the local authority, issue such directions as he
thinks fit to the Officers or servants of the local authority and employ any
outside agency, and all charges and expenses incurred by him shall, except to
such extent, if any, as the appropriate Government may direct to be paid out of
its Consolidated Fund, be paid out of the funds of the local authority. (7)
If the appropriate
Government is of the opinion that any local authority has failed to comply, or
has delayed in complying with any order made under sub-rule (3), or that it is
necessary or expedient so to do for ensuring the due maintenance of the vital
services of the authority in the event of hostile attack, the appropriate Government
may by order supersede the local authority for such period as may be specified
in the order. (8)
When the order of
supersession has been made under sub-rule (7)— (a)
all the members of
the local authority shall, as from the dale of super-session, vacate their
offices as such members; (b)
all the powers and
duties which may, by or under any law for the time being in force, be exercised
or performed by or on behalf of the local authority shall, during the period of
supersession, be exercised and performed by such person or persons as the
appropriate Government may direct; (c)
all property
vested in the local authority shall, during the period of supersession, vest in
the appropriate Government, (9)
On the expiration
of the period of supersession specified in the order under sub-rule (7), the
appropriate Government may— (a)
extend the period
for such further term as it may consider necessary; (b)
by order direct
that the local authority shall be reconstituted in the manner provided for the
constitution of the authority by or under the ordinary law relating thereto,
and in such case any persons who vacated their offices under clause (a) of
sub-rule (8) shall not be deemed disqualified for election, appointment or
nomination; or (c)
by order direct
that the local authority shall be reconstituted by the persons who vacated
their offices under clause (a) of sub-rule (8) and shall recommence functioning
as if it had not been superseded: Provided
that the appropriate Government may at any time before the expiration of the
period of supersession whether as originally specified under sub-rule (7) or as
extended under this sub-rule take action under clause (b) or clause (c) of this
sub-rule, (1)
The Central
Government or the State Government may, by order, in respect of any articles or
substances of an explosive or inflammable nature from which special risks are
in the opinion of that Government likely to arise in the event of hostile
attack, issue directions— (a)
prohibiting the
keeping of such article or substance in or on such premises as may be specified
in the order; (b)
prescribing the
quantity of such articles or substances which may be kept in or on any
premises; (c)
requiring the
owner or occupier of any premises in or on which such articles or substances
are kept to take such measures as may be specified in the order for the
protection of persons or property therein or thereon, or in the vicinity
thereof; (d)
for any incidental
or supplementary matters for which that Government thinks it expedient for the
purposes of the order, to provide, including in particular, the entering and
inspection of premises to which the order relates with a view to securing
compliance with the order. (2)
If in the opinion
of the Central Government or, as the case may be, the State Government, any
person who has been ordered under sub-rule (1) to take any measures has failed
to take or is unlikely to complete, the measures within the period specified in
the order, then without prejudice to any other proceedings which may be taken
in respect of the contravention of the order, that Government may cause the
said measures to be taken or completed, and the cost thereof shall be
recoverable from the owner or occupier of the premises by the Collector as if
it were an arrear of land revenue. (3)
If any person
contravenes any order made in pursuance of this rule, he shall be punishable
with imprisonment for a term which may extend to six months, or with fine, or
with both. (1)
The Central
Government or the State Government may, by order, require the owner, or any
person having control, of any source of water-supply which is or is capable of
being used for drinking or fire fighting or any other purpose— (a)
to keep the same
in good order, clear it from time to time of silt, refuse and decaying
vegetation, and protect it from contamination, in such manner as may be
specified in the order; (b)
to make the same
available at all reasonable times for the use of the public or of such section of
the public as may be specified in the order. (2)
Any person
authorised in this behalf by the Central Government or, as the case may be the
State Government, may, at any time, inspect any source of water-supply in
respect of which an order under sub-rule (1) has been made for the purpose of
seeing whether the order has been or is being complied with. (3)
If any person
contravenes any of the provisions of any order made under this rule, he shall
be punishable with imprisonment for a term which may extend to six months, or
with fine, or with both, (1)
If in respect of
any premises the Central Government or the State Government considers it
necessary or expedient so to do for the purpose of affording protection to
persons living or employed therein or thereon, that Government may by order
require the owner of the premises to construct therein or thereon an air raid
shelter, within such period and in accordance with such requirement as to
lay-out, materials and construction as may be specified in the order. (2)
Any police
officer, or any person authorised in this behalf by the Central Government or,
as the case may be, the State Government, may at any time enter and inspect any
premises to which an order under sub-rule (1) applies for the purposes of
seeing whether the order has been complied with. (3)
If in the opinion
of the Central Government or, as the case may be, the State Government any
person who has been ordered under sub-rule (1) to construct an air raid shelter
has failed to do so, or is unlikely to complete doing so within the period
specified in the order, that Government may cause the shelter to be constructed
and the cost thereof shall be recoverable from the owner of the premises by the
Collector as if it were an arrear of land revenue. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. (1)
In this rule, “the
appropriate Government” means in relation to any cantonment area, the Central
Government, and in relation to any other area the State Government. (2)
The appropriate
Government may by order direct that any site or premises on which an air raid
shelter is or has been constructed shall, on being certified by an officer
appointed in this behalf by the appropriate Government, be exempt from any tax
or rate or from any enhancement of any tax or rate levied by a local authority
to which the site or premises would not have been liable if the shelter had not
been constructed. (1)
The Central
Government or the State Government may by order as respects such premises as
may be specified in the order,— (a)
require the owner
or the occupier of the premises to take such measures as may be specified in
the order, or (b)
authorise any
person to take such measures as may be so specified, being measures which are
in the opinion of that Government necessary to minimise danger to persons being
in or in the vicinity of such premises in the event of hostile attack. (2)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to one month, or with fine, or with
both. The
Central Government or the State Government may, if it considers it necessary in
the interests of public safety or the defence of India and civil defence so to
do, by notified order declare the provisions of this rule to apply to any local
area specified in the order; and thereupon so long as the order remains in
force, it shall be lawful notwithstanding anything contained in the Companies
Act, 1956 (1 of 1956)— (a)
for the registrar
to remove from any registration office situated within that area all or any of
the documents connected with the registration of companies, keep them in such
place of safety as he may think fit, and suspend the inspection thereof and the
grant of any certificate, certified copy or extract therefrom under Section 610
of the said Act; (b)
for any company
the registered office of which is situated in that area to remove from the
registered office all or any of its registers, books of account and other
documents and keep them in such place of safety as the directors of the company
may think fit: Provided
that any company removing any of its documents under this rule shall, either
before such removal or as soon as practicable thereafter, give notice of the
removal to its members and to the registrar. (1)
The Central
Government may, with a view to ensuring the protection of any major port and
any city, town or other place adjoining or in the vicinity of such port against
fire, explosion or any other calamity, by order or notified order providing for
precautionary measures (including arrangements for coordinating the fire
fighting, water supply and conservancy services of the port and local
authorities concerned) to be taken by the port authority of any such port, any
local authority having jurisdiction in any such city, town or place, any person
using such port and the owners or occupiers of any premises situated in such
port, city, town or place; and thereupon— (a)
it shall be the
duty of such port authority, local authorities and all persons concerned,
including public servants, members of the Armed forces of the Union and
officers and servants of such port authority and local authorities, to comply
or act in conformity with the order; (b)
the funds of the
port authority or local authorities shall be applicable to the payment of
charges and expenses incidental to such compliances; (c)
priority shall be
given to such compliance over all other duties and obligations of the port
authority or local authorities. (2)
If any fire,
explosion or other calamity occurs in any major port or in any city, town or
other place adjoining or in the vicinity of such port, there shall be placed at
the disposal of an authority appointed in this behalf by the Central Government
such of— (a)
the fire fighting,
water supply and conservancy services of the port authority of such port and of
any local authority having jurisdiction in any such city, town or place,
together with the personnel employed in operating such services. (b)
the fire fighting
personnel and appliances maintained by any owner or occupier of premises in
such port, city, town or place;— as
the authority so appointed may require; and such port authority, local
authorities, owners or occupiers and personnel shall comply with any orders
given by the said authority. (3)
If any person
contravenes any provision of this rule or fails to comply or act in conformity
with any order made or given thereunder, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with
both. (4)
Nothing in this
rule or in any order made or given thereunder shall be deemed to affect the
discharge by any local authority of the duty imposed on it by any other laws
for the time being in force of extinguishing fire and of protecting life and
property in the event of fire within any such port, city, town or place as
aforesaid. (1)
The Central
Government or the State Government may by order provide— (a)
for prohibiting or
regulating the display of lights of any specified description; (b)
for the screening
of any lighting apparatus, whether for the time being alight or not, carried
on, or attached to any specified class of vehicles; (c)
for securing that
in specified circumstances, indication of the position of such premises and
places, and warning of the presence of such vehicles and vessels as may be
specified shall be given by means of such lights as may be specified, and for
prescribing the manner in which any apparatus used for the purpose of exhibiting
such lights is to be constructed, installed or used; (d)
for prohibiting or
regulating the use of roads by any particular class of traffic, so far as
appears to it to be necessary for avoiding danger consequent on compliance with
any provisions of an order made under this rule which relate to the lighting of
roads or of vehicles on roads; (e)
for prohibiting or
regulating such activities as may be specified, being activities which consist
of or involve the emission of smoke, flames, sparks or glare or the making of
noise. (2)
An order under
sub-rule (1) may be made so as to apply to any specified area or premises, may
make different provisions as respects different parts of an area or different
classes of premises, places, vehicles or vessels therein, may provide for
exempting any premises, places, vehicles or vessels (either absolutely or
conditionally), from the operation of any of the provisions of the order, and
may contain such incidental and supplementary provisions as appear to the
authority making the order to be necessary or expedient for the purposes of the
order. (3)
If any order made
under sub-rule (1) is contravened in respect of, or in relation to, any light,
premises, place, vehicle, vessel, apparatus, road, or activity to which the
order applies, any police officer, or any person authorised in this behalf by
the authority making the order, may take such steps and use such force as may,
in his opinion, be reasonably necessary for giving effect to the order and in
the exercise of this power shall have a right of access to any land or other
property whatsoever. (4)
If any order made
under this rule is contravened in respect of any premises, place, vehicle or
vessel, the occupier of the premises or place, the person in charge of the
vehicle, or the master of the vessel, as the case may be, shall, without
prejudice to any proceedings which may be taken against any other person, be
deemed to have contravened the provisions of this rule: Provided
that in any proceedings which by virtue of this sub-rule are taken against any
person in respect of a contravention of such an order on the part of another
person, it shall be a defence for the accused to prove that the contravention
or non-compliance occurred without his knowledge and that he exercised all due
diligence to secure compliance with the order. (5)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both, (1)
The Central Government
or the State Government may by order provide for requiring motor vehicles or
any class of motor vehicles to be rendered, when not being driven, incapable of
use by unauthorised persons; and any such order may contain provisions with
respect to the manner in which vehicles are to be rendered incapable of use as
aforesaid. (2)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to six months or with fine, or with
both. (1)
The Central
Government or the State Government may, by order, direct that, subject to any
specified exemption, no person present within any specified area shall between
such hours as may be specified be out of doors except under the authority of a
written permit granted by a specified authority or person. (2)
If any parson
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to six months or with fine, or with
both. Part VIII CONTROL
OF ARMS AND EXPLOSIVES (1)
The Central
Government or the State Government may, by general or special order, prohibit,
restrict or impose conditions on, the possession, carrying, use, sale or other
disposal of— (a)
arms or articles
capable of being used as arms; (b)
ammunition; (c)
dangerous
substances. Explanation—for
the purposes of this rule, “dangerous substances” means— (i)
substances, which
are or are declared to be explosives within the meaning of the Indian Explosives
Act, 1884 (4 of 1884), and (ii)
substances which,
(being substances capable of being used in the manufacture of explosives, or
being corrosive substances or for any other reason), are declared in the order
to be dangerous substances. (2)
Without prejudice
to any powers conferred by or under any other law for the time being in force— (a)
if any police
officer not below the rank of head constable or any other public servant
authorised by the Central Government or a State Government to act, under this rule,
suspects that any arms, articles capable of being used as arms, ammunition or
dangerous substances are in or upon any land, vehicle, aircrafts, vessel,
building or other premises in contravention of an order made under sub-rule
(1), he may enter, if necessary by force, and search the land, vehicle,
aircraft, vessel, building or premises in or upon which the suspects that a
contravention of an order made under sub-rule (1) has been committed at any
time of the day or night, and may seize any arms, articles capable of being
used as arms, ammunition, or dangerous substances found therein or thereon
which he suspects to be therein or thereon in contravention of such order. (b)
If any police
officer, or any other public servant authorised by the Central Government or
the State Government to act under this rule, suspects that any person is
carrying, or in possession of, arms, articles capable of being used as arms,
ammunition, or dangerous substances in contravention of an order made under
sub-rule (1), such officer or other public servant may stop and search or cause
to be searched such person and seize any arms, articles capable of being used
as arms, ammunition, or dangerous substances possessed or carried by him which
such officer or other public servant suspects to be possessed or carried in
contravention of such order: Provided
that no female shall be searched in pursuance of the provisions of this rule
except by a female. (3)
Any arms,
ammunition, dangerous substances or other articles seized under file provisions
of this rule may be destroyed or otherwise disposed of as may be ordered by the
State Government. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
The Central
Government may, as respects any premises used for producing, treating, handling
or keeping any munitions, explosives or petroleum or any other substance to
which any of the provisions of the Indian Explosives Act, 1884 (4 of 1884), of
the Petroleum Act, 1934 (20 of 1934), apply, or may be applied, by order make
provision for the safety of persons and property in, or in the vicinity of,
such premises; and by any such order may authorise the searching of persons
entering, or seeking to enter, or being within any premises to which the order
applies: Provided
that no female shall be searched in pursuance of such order except by a female. (2)
The Central
Government may by order make, in relation to the conveyance on vehicles or
vessels of any description of any such articles or substances as are mentioned
in sub-rule (1), such provision as may appear to be necessary or expedient for
the protection of persons or property against danger arising from or in
connection with, such conveyance. (3)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with both. Part IX PUBLIC
SAFETY AND ORDER (1)
The Central
Government or the State Government may, for the purpose of securing the defence
of India and civil defence, the public safety, the maintenance of public order
or the efficient conduct of military operations by general or special order,
prohibit, restrict or impose conditions upon, the holding of or taking part in
public processions meetings or assemblies. (2)
For the purposes
of sub-rule (1), any procession, meeting or assembly which is open to the
public or to any class or portion of the public, whether held in a public or a
private place and whether admission thereto is restricted by the issue of
tickets or otherwise, shall be deemed to be a public procession, meeting or
assembly as the case may be. (3)
Any police officer
may take such steps, and use such force, as may be reasonably necessary for
securing compliance with any order made under this rule. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
In this rule.— (a)
“industrial
dispute” means an industrial dispute as defined in the Industrial Disputes Act,
1947 (14 of 1947). (b)
“hartal” means any
concerted cessation of work or refusal to work by a body of persons employed in
any place of employment except a cessation or refusal in furtherance of an
industrial dispute with which such body of persons is directly concerned. (2)
If in the opinion
of the State Government a body of persons employed in any place of employment
is likely to take part in, or is taking part in, a hartal, then, without
prejudice to any other proceedings which may be taken in respect of such
hartal, the State Government may by order in writing require the person owning
or having the management of such place of employment to take, within such time
as may be specified in the order, such measures as may be so specified to
secure that the hartal shall not take place or, as the case may be, shall
cease. (3)
If in the opinion
of the State Government a place of employment has been closed for reasons other
than the furtherance of an industrial dispute, the State Government may by
order in writing require the owner or persons having the management of such
place of employment to take, within such time as may be specified, in the
order, such measures as may be so specified to secure that the place of
employment shall be opened, and shall remain open, for the unimpeded employment
of persons employed therein. (4)
If any person
contravenes the provisions of any order made under this rule, he shall be
punishable with imprisonment for a term which may extend to five years or with
fine which may extend to five lakhs of rupees and to a further fine which may
extend to one lakh of rupees for every day after the first during which the
contravention continues, or with both such imprisonment and fine as aforesaid. (5)
The provisions of
Section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), in so far as
they limit the extent of fine which may be imposed by Courts of Presidency
Magistrates and Magistrates of the First Class, shall not apply to any sentence
imposed under this rule. (1)
The Central
Government or the State Government may, by general or special order, prohibit,
restrict or impose conditions upon, the use or possession of any motor vehicles
by any person, other than a member of the Armed Forces of the Union, without a
permit from such military authority as may be specified or from the senior
police officer in the district in which the said person resides. (2)
If any police
officer or any other person authorised by the Central Government or the State
Government in this behalf suspects that any motor vehicle is or is kept in or
upon any building, land, vehicle, vessel or other premises or is being used by
any person in contravention of an order made under this rule, such officer or
person may— (i)
enter and search
such building, land, vehicle, vessel or other premises at any time of the day
or night and may seize any motor vehicle found therein or thereon which he
suspects to be therein or thereon in contravention of such order; (ii)
stop such person
and seize any motor vehicle which is being used in contravention of such order, (3)
The Central Government
or the State Government may declare any motor vehicle seized in pursuance of
this rule to be forfeited to Government and thereupon such motor vehicle shall
be disposed of in such manner as may be ordered by that Government. (4)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. (1)
The Central
Government or the State Government may, by general or special order, prohibit
or restrict in any area any such exercise, movement, evolution or drill of a
military nature as may be specified in the order. (2)
The Central
Government or the State Government may by general or special order, with a view
to securing that no unauthorised exercise, movement, evolution or drill of a
military nature is performed at any place, prohibit, restrict or impose
conditions on the holding of, or taking part in, any such camp, parade, meeting
or assembly, or such class thereof, as may be specified in the order. (3)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
If the Central
Government or the State Government is satisfied that— (a)
the wearing in
public of any dress or article of apparel resembling any uniform or part of a
uniform required to be worn by a member of the Armed forces of the Union or by
a member of any official Police Force or of any force constituted under any law
for the time being in force, or (b)
the wearing or
display in public of any distinctive dress or article of apparel or any emblem,
would be likely to prejudice the public safety, the maintenance of public
order, the defence of India and civil defence or the efficient conduct of
military operations the Central Government or the State Government as the case
may be, may by general or special order, prohibit or restrict the wearing or
display in public of any such dress, article of apparel or emblem. (2)
For the purposes
of this rule, a dress, an article of apparel or an emblem shall be deemed to be
worn or displayed in public if it is worn or displayed so as to be visible to a
person in any place to which the public have access. (3)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
Any officer of
Government authorised in this behalf by general or special order of the State
Government may, within such area as may be specified in the order, require any
male person in that area to assist in the maintenance or restoration of law and
order or in the protection of property for such period and in such manner as
the officer may direct. (2)
The Central
Government or, with the previous sanction of the Central Government, the State
Government may make orders regulating or empowering a specified authority to
regulate the remuneration payable to, and other terms and conditions of
employment of, persons who are required to assist under sub-rule (1). (3)
If any person
fails to comply with any direction under sub-rule (1) . he shall be punishable
with imprisonment for a term which may extend to one year and shall also be
liable to fine. (1)
A District
Magistrate, a Sub-Divisional Magistrate, any police officer not below the rank
of Deputy Superintendent, or any other officer of Government authorised in this
behalf by the State Government may, by order appoint persons to act as special
police officers for such time and within such limits as may be specified in the
order; and every person so appointed shall have the same powers, privileges and
protection, shall be liable to perform the same duties and subject to the same
disciplinary measures, and shall be subordinate to the same authorities as the
ordinary officers of police within those limits. (2)
If any person,
being appointed a special police officer as aforesaid, neglects or refuses,
without sufficient excuse, to serve as such or to obey such lawful orders or
directions as may be given to him for the performance of his duties, or
withdraws from the duties of his office without permission, he shall be
punishable with imprisonment for a term which may extend to three months, or
with fine not exceeding one hundred rupees, or with both.][18] Part X SHIPPING
AND AIRCRAFT (1)
Any person
authorised in this behalf by the Central Government may by order direct that
any vessel at any port in India shall leave the port within such period as may
be specified in the order to such other port in India by such route as may be
so specified. (2)
If any order made
under sub-rule (1) is contravened, the master of the vessel and the owner or
other person having the management thereof shall each for deemed to have
contravened the order, and shall be punishable with imprisonment for a term
which may extend to five years, or with fine, or with both. (1)
The State
Government as respects inland waters, and the Central Government as respects
any waters, may by order make provision for regulating the places in or to
which vessels may be or go, and the movements, navigation, pilotage, anchorage,
mooring, berthing and lighting of vessels, in such waters. (2)
If in the case of
any vessel any order made under sub-rule (1) is contravened, the master of the
vessel shall be punishable with imprisonment for a term which may extend to
five years, or with fine, or with both. (1)
The Central
Government may, if it appears to it to be necessary or expedient so to do for
the purpose of facilitating the protection of shipping or the efficient conduct
of military operations, by order require any vessel registered in India to
leave, or to keep away from, any area specified in the order, and any such
order may make provision for such incidental and supplementary matters as
appear to the Central Government to be necessary or expedient. (2)
If in the case of
any vessel registered in India an order under sub-rule (1) is contravened or
not complied with, the master of the vessel and the owner or other person having
the management thereof shall each be punishable with imprisonment for a term
which may extend to five years, or with fine, or with both. (1)
No person shall,
except under permission granted by the Central Government, discontinue, alter
or remove, or make any variation in the mode of exhibiting or operating, any
light, buoy, beacon or other apparatus used for the purpose of aiding the
navigation of shipping or aircraft. (2)
The Central
Government may make orders for prohibiting or restricting the exhibition or
operation of, or requiring the removal, alteration or concealment of, or the
making of any variation in the mode or exhibiting or operating, any such light,
buoy, beacon or other apparatus as aforesaid. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
The Central
Government may by order make provision— (a)
for securing that
any vessel registered in India shall not, except under permission granted by
the Central Government, proceed to sea from any port (whether within or outside
India) unless such requirements in respect of the alteration of the structure
or external appearance of the vessel, and in respect of the equipping of the
vessel with any particular apparatus, contrivance, appliance or defensive
equipment, as may be contained in the order have been complied with; (b)
for securing the
proper maintenance and efficient use of any apparatus, contrivance, appliance
or defensive equipment with which any such vessel is equipped in pursuance of
the order; (c)
for prescribing
the wireless telegraph services to be maintained, and the number, grade qualifications
of operators and watchers to be earned in connection with the operation of any
wireless telegraphy apparatus provided in any such vessel, whether in pursuance
of the order or otherwise; (d)
for any incidental
or supplementary matters for which it appears to the Central Government to be
necessary for the purposes of the order to provide. (2)
An order under
sub-rule (1) may be made so as to apply either to a particular vessel or to
vessels of a particular class, and so as to apply to any such vessel or vessels
either wherever it or they may be or while in such waters, or engaged on such
voyages, as may be specified. (3)
If any vessel
proceeds or attempts to proceed to sea in contravention of an order made under
this rule, the master of the vessel and the owner or other person having the
management thereof shall each be punishable with imprisonment for a term which
may extend to five years, or with fine or with both. (1)
The Central
Government may, in respect of any vessel or class of vessels while in port in
India, by order make provision— (a)
for securing that
there shall be kept on board such vessel or vessels such class or description
of persons, or such number of persons, or such number of persons of such class
or description, as may be specified in the order; (b)
for regulating the
carrying out of any operations on board such vessel or vessels. (2)
Any member of the
Armed forces of the Union acting in the conduct of his duty as such, or any
other person authorised in this behalf by the Central Government, may at any
time board and inspect any vessel to which any such order applies for the
purpose of ascertaining whether the provisions of the order are being complied
with. (3)
If any order made
under sub-rule (1) is contravened the master of the vessel and the owner or
other person having the management thereof shall each be deemed to have
contravened the order, and shall be punishable with imprisonment for a term
which may extend to six months, or with fine, or with both. (1)
Any person
authorised by the Central Government in this behalf may give directions to the
owner or master of any vessel which is for the time being at a port in India or
of any vessel registered in India which is for the time being at a port outside
India requiring him— (a)
to take such steps
as may be specified in the directions for the purpose of securing that, while
the vessel remains at the port, fires occurring in the vessel will be immediately
detected and combated; (b)
to secure that,
while the vessel remains at the port, either at all times or during such
periods as may be specified in the directions— (i)
In a case where
the vessel is equipped with a gun or other instrument or device capable of
being used to defend the vessel against hostile attack, the gun, instrument or
device will be manned; (ii)
In a case where
the vessel is propelled by mechanical power, the vessel is capable of being
moved under her own power and of proceeding to sea immediately when ordered to
do so; (iii)
such precautions
as may be specified in the directions will be taken to guard against attempts
to interfere with, or damage the vessel or any part thereof or anything
contained therein. (c)
for the purpose of
taking such steps or securing such matters as afore said, to secure that such
number of persons, or such number of persons of such class or description, as
may be specified in the directions, shall be or remain on board the vessel,
either at all times while the vessel remains at the port or during such periods
as may be so specified; (d)
to do or not to do
such other things as may appear necessary or expedient to do or not to do for
the purpose of securing the safety of the vessel or preventing the vessel from
endangering other vessels or property at the port in the event of fire,
explosion, hostile attack or other similar occurrence. (2)
Any member of the
Armed forces of the Union acting in the course of his duty as such, or any
other person authorised in this behalf by the Central Government, may at any
time board and inspect any vessel to which any directions given under sub-rule
(1) relate for the purpose of ascertaining whether the directions are being
complied with. (3)
Any person
authorised by the Central Government in this behalf, if he considers that any
vessel in any port in India, whether because it is on fire or has suffered
damage by fire or otherwise, or for any other reason constitutes a danger to
other vessels or to the efficient working of the port, may give directions to the
owner or master of such a vessel requiring him to scuttle or be the vessel in
such a position as may be specified in the directions. (4)
If the owner or
master of any vessel to which any directions given under sub-rule (1) or
sub-rule (3) relate fails to comply with such directions, he shall be
punishable with imprisonment for a term winch may extend to three years, or
with fine, or with both. (5)
Where to give
effect to arrangements made for complying with directions given under sub-rule
(1) as respects a vessel at a port in India, a person (not being a member of
the crew of the vessel) has been engaged or required to perform duties on board
a vessel, then, if he fails to perform those duties, he shall be punishable
with imprisonment for a term which may extend to three years, or with fine, or
with both. (1)
In this rule,
unless the context otherwise requires,— (a)
“the Act” means
the Merchant Shipping Act, 1958 (44 of 1958); (b)
“assigning
authority” has the same meaning as in the load-line rule; (c)
“load-line rules”,
“load-line certificate” and “International load-line certificate” have the same
meanings as in the Act; (d)
“unsafe ship” has
the same meaning as in sub-section (1) of Section 336 of the Act. (2)
Sub-section (1) of
Section 313 of the Act shall have effect, in relation to a ship to which this
sub-rule applies, subject to the following amendments:— (a)
where the ship is
entitled under the load-line rules to be loaded to the depth indicated by the
summer load-line prescribed by the said rules, the appropriate load-line for
the purposes of the said sub-section shall be the tropical load-line so
prescribed; (b)
where the ship is
entitled under the load-line rules to be loaded to the depth indicated by the
tropical load-line prescribed by the said rules, the appropriate load-line for
the purposes of the said sub-section shall be the tropical fresh water
load-line so prescribed. (3)
Subject to the
provisions of this rule, sub-rule (2) shall apply to all ships registered in
India (not being exempt from the provisions of Part IX of the Act, relating to
load-lines) with such exceptions and subject to such restrictions as may be
specified in a general or special order by the Central Government. (4)
Sub-rule (2) shall
not apply to a ship unless the load-line certificate issued in respect thereof
bears an endorsement in the prescribed form signed by or on behalf of an
assigning authority stating— (a)
that the ship is
one to which the said sub-rule applies; (b)
the effect of the
said sub-rule; (c)
any restrictions
specified in any such order subject to which the said sub-rule applied to the
ship. (5)
A certificate
issued in respect of a ship shall not be endorsed by or on behalf of an
assigning authority in pursuance of sub-rule (4) unless the authority is
satisfied that the ship, if loaded in accordance with sub-section (1) of
Section 313 of the Act as amended by sub-rule (2), will not be an unsafe ship. (6)
It shall be the
duty of the owner of every ship mentioned in sub-rule (3) not being a ship
excepted by an order made by the Central Government under that sub-rule, to
apply in writing to an assigning authority within the prescribed time for
endorsement of the ship's load-line certificate in pursuance of sub-rule (4). (7)
After receiving
any such application with respect to a ship, the assigning authority may by
order in writing served on the owner or master of the ship exercise all or any
of the following powers, namely— (a)
require such
documents and information with respect to the ship as may be specified in the
order to be delivered to it within such period an may be so specified; (b)
require the ship
to be submitted for survey at such place and within such period as may be so
specified; (c)
in a case where it
appears to the assigning authority (whether as the result of a survey or
otherwise) that the ship, if loaded as mentioned in sub-rule (5) would be an
unsafe ship, require the ship, within such period as may be so specified to be
altered in such manner, or to be equipped with such apparatus contrivances or
appliances, as may be so specified, being alterations or equipment which in its
opinion will cause the ship not to be an unsafe ship if loaded as aforesaid; (d)
require the ship's
load-line certificate to be delivered to it for endorsement within such period
as may be so specified. (8)
The provisions of
clause (b) of sub-section (1) of Section 319 and sub-section (1) of Section 320
of the Act shall, in the case of a ship the load-line certificate of which has
been endorsed by virtue of sub-rule (4), have effect as if the particulars
mentioned in the said provisions include particulars of the endorsement. (9)
Where the
load-line certificate of a ship has been endorsed by virtue of sub-rule (4) and
the ship ceases, by virtue of an order under sub-rule (3) to be a ship to which
sub-rule (2) applies, the owner of the ship shall forthwith deliver up the
certificate to an assigning authority who shall cancel the endorsement. (10)
Where the Central
Government is satisfied that provision has been made by the law of any country
to which the International Convention respecting load-lines, 1930, applies
similar to the provisions of sub-rule (2) and for the endorsement of load-line
certificate of ships of that country in manner similar to that required by
sub-rule (4) it may by order direct that, where a certificate issued in respect
of a ship of that country bears such an endorsement in such form as may be
specified in the order, the certificate: (a)
shall be deemed
for the purposes of Part IX of the Act, to be a valid international load-line
certificate notwithstanding that it bears the endorsement, if, but for the
endorsement, it would be such a certificate; and (b)
shall have effect,
for the purposes of the said Part IX as varied by the endorsement. (11)
Where an order is
in force under sub-rule (10) as respects ships of any country, Section 326 of
the Act shall have effect in relation to any such ship as if the following
sub-clause were substituted for sub-clause (1) of clause (b) thereof, namely— (i)
In case of a ship
in respect of which there is produced on such an inspection as aforesaid a
valid international load-line certificate, the load-line appearing by the
certificate to indicate the maximum depth to which the ship is for the time
being entitled to be loaded. (12)
If any person
contravenes any of the provisions of this rule, or any order made thereunder he
shall be punishable with fine which may extend to one thousand rupees. (1)
The Central
Government may for the purpose of securing the defence of India and civil
defence, the public safety, the efficient conduct of military operations or for
maintaining supplies and services essential to the life of the community, by
general or special order make provision for requiring any— (a)
vessel proceeding
to sea from a port in India on a voyage to any other port in India, (b)
vessel registered
in India proceeding to sea from any port, to have on board such emergency
rations supplies of fuel or other stores as may be specified in the order. (2)
Any provisions of
an order under sub-rule (1) may be framed so as to apply to any specified class
of such vessels and so as to apply to any such vessel while engaged in such
trades as may be specified in the order. (3)
If any vessel
proceeds or attempts to proceed to sea without complying with an order under
sub-rule (1) or if otherwise there is any contravention of such an order in the
case of a vessel, the master of the vessel and the owner or other person having
the management thereof shall each be punishable with imprisonment for a term
which may extend to six months or with fine, or with both. (1)
In this rule,
“competent authority” means an office appointed by the Central Government as such
for the purposes of this rule. (2)
The competent
authority may direct any person to perform such services in any ship as may be
specified or described in the direction, being any services which that person
is, in the opinion of the competent authority, accustomed to perform. (3)
Any services
required to be performed by a direction under sub-rule (2) shall be performed
on such terms as to remuneration and conditions or service as the competent
authority may direct. (4)
If any person
contravenes any direction given under this rule, he shall be punishable with
imprisonment which may extend to two years or with fine or with both. (1)
The Central
Government may as respects any class of vessels registered in India, by order
make provision for prohibiting or restricting or regulating the employment on
board the vessels to which the order applies, of any such class of persons as
may be specified in the order. (2)
An order under sub-rule
(1) may be made so as to restrict the employment of persons either in any
capacity or in such capacity as may be specified and so to restrict the
employment of persons on such vessels as aforesaid either wherever they may be
or while in such waters, or engaged in such trades or on such voyages, as may
be specified. (3)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for term which may extend to five years, or with fine, or with
both. (1)
The Central
Government, with a view to preventing the employment abroad, in connection with
the management of vessels registered in India of enemy aliens or persons
connected with the enemy, may by order direct that, as from such date as may be
specified, the owner, manager or charter of any vessel registered in India,
being a person resident in India, or a corporation incorporated under any law
in force in India shall not employ in any foreign country or territory, in
connection with the management of the vessel, any person other than a person
approved for the purpose by the Central Government; and an order under this
rule may be made so as to apply either generally to employment in such foreign
countries or territories, or to employment in such foreign countries or
territories, or such class of foreign countries or territories, as may be
specified in the order. (2)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
In this rule
“foreign ship” means a ship which is not a ship registered in India. (2)
The Central
Government may by notified order make provision for regulating or retracting
the chapter by persons whether on their own behalf or as agents for other
persons whether within or without India, of foreign ships or of space or
accommodation therein and the entering into agreements, for the carriage of
goods in foreign ships by or on behalf of persons in India. (3)
If any person
contravenes the provisions of any order made under sub-rule (2), he shall be
punishable with fine. (1)
The Central
Government, if it appears to it to be necessary or expedient so to do in the
interests of the defence of India and civil defence, the public safety or the
efficient conduct of military operations, or for maintaining supplies and
services essential to the life of the community, may by order direct— (a)
as regards any
class of vessels in India, that no vessel of that class shall leave any port or
place in India at which it may be, or (b)
as regards any
particular vessel at any port or place in India, that vessel shall not leave
that port or place, except
with permission granted by such authority as may be specified in the order. (2)
If any vessel
leaves or attempts to leave any port or place in contravention of an order made
under sub-rule (1), the master of the vessel shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. (1)
No person shall,
without the previous consent in writing of the Central Government, transfer or
acquire any interest in any aircraft registered under the Aircraft Act, 1934
(22 of 1934), wherever such aircraft may be, whether the certificate of
registration of such aircraft is in force or not, or in any part of an
aircraft, or in any materials identified under any system, recognised by the
Director-General of Civil Aviation in India, for the purpose of the
construction of aircraft. (1-A) Any transaction effected in contravention of
the provisions of sub-rule (1) shall be void and unenforceable. (2)
If any person
contravenes any of the provisions of sub-rule (1), he shall be punishable with
imprisonment for a term which may extend to seven years, or with fine, or with
both. The
pilot of any aircraft flying in contravention of any provision of, or of any rule
made under, the Aircraft Act, 1934 (22 of 1934), shall, on being warned in the
manner prescribed by the rules made under that Act, immediately land, and if
such pilot fails to comply with such warning as aforesaid, any commissioned
officer of the Armed forces of the Union may take or cause to be taken such
action as may be necessary to terminate the flight (1)
Any person
authorised in this behalf by the Central Government may, if it appears to that
person to be necessary in the interests of the defence of India and civil
defence so to do, order, with respect to any particular aircraft at any place
in India, that the aircraft shall not leave the place until permitted to do so
by such authority or person as may be prescribed in the order. (2)
Subject to the
provisions of sub-rule (3), if any aircraft leaves or attempts to leave any
place in contravention of any such order as aforesaid, the pilot of the
aircraft shall be punishable with imprisonment for a term which may extend to three
years, or with fine, or with both. (3)
Any order made
under this rule shall cease to have effect ninety six hours after the time at
which it is made, unless in the meantime it has been confirmed by the Central
Government. (1)
The Central
Government may, by order, require the seizure of any aircraft belonging to the
enemy, or any aircraft or class of aircraft which is owned, controlled or
operated by, or is in the possession or custody of, any person domiciled or
resident in an enemy territory, or any aircraft or class of aircraft, the
operation of which is likely to aid or assist the enemy or is likely to be
prejudicial to the defence of India or public safety. (2)
Without prejudice
to the generality of the foregoing powers, an order made under sub-rule (1)
may— (i)
provide for any
authority, or empower any authority specified therein, by which any of the
powers conferred by this rule is to be exercised; (ii)
require any
aircraft or class of aircraft to be placed at the disposal of any authority
specified therein.][19] (1)
The Central
Government may, by order, make provision as to the places in India in or to
which seaplanes may be or go, and generally for regulating the movements,
navigation pilot age, anchorage, mooring, berthing and lighting of seaplanes on
the surface of the water. (2)
For the purposes
of this rule, seaplanes taking off from or alighting on, the water shall be
deemed to be on the surface of the water while they are in contact therewith. (3)
If in the case of
any seaplane an order made under the provisions of sub-rule (1) is contravened,
the pilot of the seaplane shall be punishable with imprisonment for a term
which may extend to five years, or with fine, or with both. Part XI
REQUISITION AND ACQUISITION OF MOVABLE PROPERTY (1)
In this Part,— (a)
“Competent
authority” means the Central Government or the State Government or any person
appointed by the Central Government or the State Government to exercise the powers
of competent authority under any provision in this part; and (b)
“movable property”
includes (i)
any vessel or
aircraft for the time being in India; (ii)
any vessel or
aircraft registered in India, wherever it may be; and (iii)
any property
forming part of or on board any such vessel or aircraft. (2)
Any notice issued
or order made under any provision in this part shall be deemed to have been
seived on the owner of any property if it is served on the person having
possession or control of that property. (1)
If in the opinion
of the competent authority it is necessary or expedient so to do for securing
the defence of India and civil defence, the public safety the efficient conduct
of military operations or the maintenance of services and supplies essential to
the life of the community, the competent authority may, by order in writing,
requisition any movable property and may make such further orders as appear to
it to be necessary or expedient in connection with the requisition. (2)
Where the
competent authority has requisitioned any property under sub-rule (1), it shall
vest in the Government for the period of the requisition and the Government may
use or deal with it in such manner as may appear to it to be expedient. (3)
Without prejudice
to any powers otherwise conferred by these rules, any person authorised by a
competent authority may enter any premises and inspect any property therein or
thereon for the purpose of determining whether, and, if so, in what manner, any
order under this rule should be made in relation to such property, or with a
view to securing compliance with any order made under this rule. (1)
The competent
authority may, at any time release from requisition any property requisitioned
under Rule 108 and shall, as far as possible, restore the property in as good a
condition as it was when possession thereof was taken, subject only to the
changes caused by reasonable wear and tear. (2)
Where any property
is to be released from requisition, the competent authority may, after such
enquiry, if any, as it may in any case consider necessary to make or cause to
be made, specify by order in writing to whom possession of the property shall
be given. (3)
The delivery of
possession of the requisitioned property to the person specified in the order
made under sub-rule (1) shall be a full discharge of the Government from all
liability in respect of such property and the requisition shall be at an end: Provided
that nothing in this rule shall prejudice any rights in respect of the property
which any other person may be entitled to by due process of law to enforce
against the person to whom the possession of the property is so delivered. (4)
Where the person to
whom the possession of any requisitioned property is to be given cannot be
found and has no legal agent or other person empowered to accept delivery on
his behalf, the competent authority shall cause a notice declaring that the
property is released from requisition to be published in the Official Gazette. (5)
When a notice
referred to in sub-rule (4) is published in the official Gazette, the property
specified in such notice shall cease to be subject to requisition on and from
the date of such publication and be deemed to have been delivered to the person
entitled to possession thereof and the Government shall not be liable for any
compensation or other claims in respect of the property for any period after
the said date. (1)
In respect of any
property requisitioned under Rule 108, the competent authority may, at any
time, serve upon the owner or, if the owner cannot be found, publish in the
official Gazette, a notice to the effect that the competent authority has
decided to acquire such property in pursuance of this rule. (2)
When a notice as
aforesaid is seived upon the owner or published in the official Gazette as the
case may be, the requisitioned property shall as and from the beginning of the
day on which the notice is so served or published vest absolutely in the
Government free from all encumbrances and the period of requisition of such
property shall end. The
compensation payable in respect of requisitioning of any movable property,
including vehicles, vessels and aircraft, shall be the sum total of the
following items— (i)
interest on the
cost at which the owner had purchased the property calculated in a manner and
at a rate, not being below 3% or above 6% per annum, that may be prescribed by
the Government by a general or special order for any class of property; Provided
that where the property had been obtained by the owner as a gift or its cost
cannot be established by him to the satisfaction of the competent authority or
its cost exceeds the current replacement price of the property, the current
price of the same property or property which, in the opinion of the competent
authority, is substantially similar to it, shall be taken to be its cost; (ii)
an amount
representing depreciation of the property during the period of its requisition
calculated at a late not exceeding 30% per annum and in a manner that may be
prescribed by the Government by a general or special order for any class of
property; [20][(iii)
an amount for the loss of the use of the property or of any profits that might
have been earned but for the requisition, at such percentage not being less
than 3 per cent per annum, as may be prescribed by the Government, of the cost
referred to in (i) above as reduced by depreciation calculated at the same rate
as for (ii) above in such manner and for such period may be so prescribed;] (iv) any
further amount that the Central Government may by general or special order
specify: Provided
that in the case of a property for which the full consideration due under a
hire-purchase agreement has not been paid, so much of the compensation as
relates to items (iii) and (iv) above shall be payable to the hirer and the
balance, representing (i) and (ii) above shall be made over to the financier
till he receives the full consideration and this provision shall override any terms
to the contrary in the hire-purchase agreement: Provided
further that if during the period of requisition the property is damaged
otherwise than by normal wear and tear or lost at a time when it is not
insured, there shall be paid to the owner additional compensation of a sum
equal to the cost of making good the damage or, in the case of a total loss, a
sum equal to the compensation that may be payable if the property is acquired
on the date of the loss, the compensation being determined in the manner set
out below: Provided
also that the owner shall have the right to appeal to the Compensation Tribunal
hereinafter provided, within thirty days of the receipt of the order of the
competent authority assessing the compensation [21][(or
within such further period as the Tribunal may, for sufficient cause, allow)]
in the form and manner that may be prescribed by the Central Government by a
general or special order. The
compensation payable in respect of the acquisition of any movable property
shall be the controlled price of the property, that is to say, the price fixed
by order under any law for the time being in force; Provided
that, in respect of the property the price of which is not controlled or which
is not new, the compensation shall not exceed a sum equal to the price which
might have to be paid for its replacement on the date of the acquisition,
reduced by a sum equal to the depreciation of the property, calculated in the
manner and at a rate not exceeding 30% per annum prescribed by the Central
Government in a general or special order for any class of property. Explanation:—In arriving
at the price which might have to be paid for the replacement of the property,
no account shall be taken of any appreciation in the value thereof after the
eighth day of October, 1962: Provided
further that the owner of the property shall have the right to appeal to the
Compensation Tribunal hereinafter provided, within thirty days of the receipt
of the order of the competent authority assessing the compensation [22][(or
within such further period as the Tribunal may, for sufficient cause, allow)]
in the form and manner that may be prescribed by the Central Government by a
general or special order: Provided
also that where an agreement has been reached between the competent authority
and the owner of the property, the compensation agreed to shall be payable,
notwithstanding that it is more or less than the amount payable as aforesaid,
unless it is revised by the Compensation Tribunal hereinafter provided, on a
reference by the State or Central Government, after giving an opportunity of
being heard to the owner: [23][*
* *]. (1)
The Central
Government shall by notification appoint a Compensation Tribunal for such area
as may be specified in the notification to exercise the functions conferred on
the Compensation Tribunal by the foregoing rules. (2)
The Compensation
Tribunal shall consist of— (i)
a person who has
for at least ten years either held a judicial post or been in practice as an
Advocate of a High Court, and (ii)
a person who has
for at least ten years been in the practice of Accountancy as a Chartered
Accountant under the Chartered Accountants Act, 1949 (37 of 1949), or as a
registered accountant under any law previously in force or partly as a
registered accountant and partly as a chartered accountant, or any person who
has had, in the opinion of the Central Government, adequate expedience of a
character which renders him suitable for appointment to the Tribunal. (3)
If the members of
a Tribunal constituted for any area differ in their assessment of the
condensation payable to the owner of a property, the case shall be referred by
the Central Government to a member of a Tribunal constituted for any other area
and it shall be decided according to the assessment made by him. (4)
The orders passed
by the Compensation Tribunal on appeal or revision shall be final. (5)
The Compensation
Tribunal shall have all the powers of a Civil Court for the purpose of receiving
evidence, administering oaths, enforcing the attendance of witnesses and
compelling the discovery and production of documents and shall be deemed to be
a Civil Court within the meaning of Sections 480 and 482 of the Code of
Criminal Procedure, 1898 (5 of 1898). (6)
The Central
Government may, by order— (a)
prescribe the
procedure to be followed by the Compensation Tribunal in proceedings under this
rule; and (b)
make provision
generally for carrying into effect the provisions of this rule. The
compensation determined by the competent authority for requisitioning or
acquiring property shall be paid within such period, at such intervals and in
such manner as the Central Government may, by a general or special order,
prescribe: Provided
that where payment of the compensation is delayed beyond the period so
prescribed, interest shall be payable on the amount or part of the amount in
arrear at such rate not being below 3 per cent, or above 6 per cent, per annum
and with effect from such date or dates that the Central Government may
prescribe by a general or special order. The
competent authority may, by order in writing, require the owner of any vessel
or aircraft registered in India, (i)
to place at the
disposal of the competent authority the whole or any part of the space or
accommodation available en such vessel or aircraft and to employ such space or
accommodation for the carriage of any persons, animals or things to any place
specified in the order, and (ii)
to undertake or
permit to be undertaken such structural additions or alterations on board such
vessel or aircraft as may be necessary for the safe carriage of any persons,
animals or things, whenever,
in pursuance of clause (a) of sub-rule (1), any space or accommodation in any
vessel or aircraft is placed at the disposal of the competent authority, there
shall be paid to the owner of such vessel or aircraft such compensation as the
competent authority may determine having regard to the rates usually paid by
him for like space of accommodation during the twelve months immediately
preceding the date of Proclamation of Emergency. A
competent authority may, with a view to requisitioning any property or taking
any other action with respect thereto in pursuance of the provisions of this
part, by order in writing, (i)
require any person
to submit to it, within such time or at such intervals as may be specified in
the order, such information and documents in his possession relating to the
property as may be so specified, being information and documents reasonably
necessary for carrying into effect the provisions of this part; (ii)
direct that the
owner, occupier or person in possession of the property shall not without the
permission of the competent authority dispose of it, or remove it from the
premises in which it is kept, till the expiry of such period as may be
specified in the order. If
any person contravenes any order made in pursuance of the provisions of this
Part, he shall be punishable with imprisonment for a term which may extend to
three years, or with fine, or with both. Part XII
ESSENTIAL SUPPLIES AND WORK (1)
In this rule,
“building” includes a compound wall, a concrete road inside private premises
and any other structure in which stone, lime, sand, brick, cement, steel, or
timber is used. (2)
The Central
Government or the State Government, if in its opinion it is necessary so to do
for the purpose of maintaining supplies and services essential to the life of
the community, may by order direct that, within such areas as may be specified
in the order, no building, or no building of such class as may be so specified,
shall be erected, re-erected, constructed or altered except under the authority
of a written permit granted by or on behalf of that Government. (3)
Every authority
granting permits in pursuance of an order made under sub-rule (2) shall have
power to impose on the permit-holder such conditions as that authority thinks
fit for conserving essential building materials, and to revoke, or modify the
terms of, any permit granted by it. (4)
If any person
contravenes any order made under sub-rule (2) or fails to comply with any
condition imposed under sub-rule (3), he shall be punishable with imprisonment
for a term which may extend to six months, or with fine, or with both. (5)
If in the opinion
of the Government making an order under sub-rule (2), any building has been
erected, re-erected, constructed or altered in contravention thereof, that
Government may by a further order in writing require the owner of the building
to remove the unauthorised structure within such period as may be specified in
the order, and if the order is not complied with, the owner shall be punishable
with fine extending to one hundred rupees for every day during which
contravention continues. Nothing
contained in any law for the time being in force, or in any rule made under any
such law, to regulate the erection, re-erection, construction, alteration or
maintenance of buildings, shall apply to any building the use of which by or on
behalf of Government is certified by the Central Government or the State
Government to be necessary or expedient for the successful conduct of military
operations and the defence of India or civil defence or to any works executed,
whether in relation to a building or otherwise, by any person with the sanction
of the Central or the State Government, for the purpose of providing air raid
shelter or rendering any building less vulnerable to hostile attack. (1)
In this rule “the
appropriate Government” means in relation to cantonment authorities and port
authorities in major ports, the Central Government, and in relation to other
local authorities, the Central Government or the State Government. (2)
No local authority
shall, except with the permission of the appropriate Government, exercise its
powers of entry and inspection, or its powers of calling for information, in
respect of any buildings or other premises which the Central Government may,
with a view to prevent leakage of information valuable to the enemy, certify in
this behalf: and the appropriate Government may, at the time of granting the
permission or subsequently, impose such conditions as it thinks fit on the
manner in which, and the extent to which, the powers shall be exercisable by or
on behalf of the local authority in respect of those buildings or other
premises. (3)
No local authority
shall, except with the permission of the appropriate Government, exercise its
powers of demolition in respect of any building which may be certified by the
Central Government as home used for purposes essential to the defence of India and
civil defence, the efficient conduct of military operations or the maintenance
of essential services or supplies, and the appropriate Government may, at the
time of granting the permission or subsequently, impose such condition as it
thinks fit on the manner in which and the extent to which the powers quall be
exercisable by or on behalf of the local authority in respect of the building. (1)
For the purposes
of this rule and of Rule 122, the doing of work on land shall include the
demolition or rendering useless of anything placed in, on or over the land, the
removal from the land of anything so demolished or rendered useless and the
maintenance of any work or thing, in on or over the land, (2)
Any member of the
Armed forces of the Union acting in the course of his duty as such, and any
other person authorised by the Central Government or the Slate Government in
that behalf, may, if in the opinion of such member or person it is necessary or
expedient so to do for securing the defence of India and civil defence, the
public safety, the maintenance of public order or the efficient conduct of
military operations, or for maintaining supplies and services essential to the
life of the community, do any work on any land, or place anything in, on or
over any land. (3)
If in the opinion
of the Central Government or the State Government it is necessary or expedient
so to do for securing the defence of India and civil defence, the public
safety, the maintenance of public order, or the efficient conduct of military
operations, or for maintaining supplies and services essential to the life of
the community, that Government may by order provide for prohibiting or
restricting the doing on any particular land of any such work as may be
specified in the order. (1)
Any officer of
Government authorised in this behalf by general or special order of the Central
Government or the State Government may, within such area as may be specified in
the order, require any male person in that area to assist in the doing of work
on land for such period and in such manner as the officer may direct, being
work the doing of which is in the opinion of the officer necessary to meet an
actual or apprehended attack, or to repair or reduce the damage resulting
therefrom or to facilitate offensive or defensive operations in the area. (2)
Any person doing
work in compliance with any direction under sub-rule (1) shall be paid such
remuneration for doing the work as the officer giving the direction may
determine. (3)
If any person
fails to comply with any lawful direction given to him under sub-rule (1), he
shall be punishable with imprisonment for a term which may extend to six
months, or with fine, or with both. (1)
The Central
Government or the State Government may by general or special order provide— (a)
for the clearing
of any premises which, in consequence of military operations, are substantially
damaged or are contaminated by any lethal gas or noxious substance; (b)
for the protection
of any animals, articles or things left upon such premises as aforesaid; (c)
for the removal,
storage or disposal of any such animals, articles or things as aforesaid,
including the disinfection or destruction of animals, articles or things which
may be a source of danger to public health or safety. Explanation.—In
this sub-rule, “premises” includes buildings, lands, harbours, docks, piers,
wharves and other such places and “articles” include vehicles and vessels. (2)
Any animals,
articles or things removed from any premises in accordance with an order under
sub-rule (1) shall subject to any provisions of the order authorising
destruction or disposal, be held on behalf of the person for the time being
entitled thereto until they are delivered to him. (3)
Where any animals,
articles or things are disposed of, whether by sale at the premises or
otherwise, in accordance with an order under sub-rule (1), the net proceeds, if
any, of such sac or disposal shall be held on behalf of the person for the time
being entitled thereto until they are delivered to him. (4)
If any person
contravenes the provisions of any order made under sub-rule (1), he shall be
punishable with imprisonment for a term which may extend to six months, or with
fine, or with both. (1)
The Central
Government or the State Government, so far as it appears to it to be necessary
or expedient for regulating or increasing the supply of articles which can be
used in connection with the conduct of military operations or for maintaining
supplies and services essential to the life of the community, may by notified
order provide:— (a)
for prohibiting,
restricting, or otherwise controlling the cultivation of specified crops; (b)
for bringing under
cultivation any waste or arable land whether appurtenant to a building or not,
and for the growing therein of specified crops; (c)
for securing the
utilisation of land for the cultivation of specified crops, or as pasture
lands, or for any other agricultural purposes; (d)
for adoption of
measures for the protection of crops against pests and diseases and for the
destruction of diseased or infested crops or trees which may be a danger to the
neighbouring crops or trees; (e)
for any incidental
and supplementary matters for which the Central Government or the State
Government thinks it expedient for the purposes of the order to provide
including in particular the entering and inspection of land or premises to
which the order relates with a view to securing compliance with the order; the
seizure of any crops or other produce of land cultivated or grown in
contravention of the order, and the grant or issue of permits and other
documents for the purposes of the order; and an order under this rule may be
made so as to apply either to persons or lands generally, or to any particular
person or land or class of persons or lands, and so as to have effect either
generally or in any particular area: Provided
that no order shall be made by a State Government under clause (a) except with
the previous approval of the Central Government. (2)
If in the opinion
of the State Government the person in possession or effective control of any
land to which an order made under clause (b) of sub-rule (1) applies has failed
to comply with the order, that Government may, without prejudice to any other
action that may be taken against that person (hereinafter referred to as the
defaulter) in respect of the contravention, by order direct that the land shall
be placed in the exclusive possession of such person and for such period as may
be specified in the order, and during the period of continuance of the last
mentioned order the person specified therein shall have all the rights of the
defaulter to manage the land and realise the profits arising therefrom and
shall only be liable to pay on behalf of the defaulter the Government revenue,
all other charges of a public nature and the rent, if any, accruing due in
respect of the land during that period. (3)
If any person
contravenes any order made under this rule otherwise than under cause (b) of
sub-rule (1), he shall be punishable with imprisonment for a term which may
extend to three years, or with fine, or with both, and in addition, any Court
trying such contravention may direct that any crops or other produce of land
cultivated or grown in contravention of the order shall be forfeited to
Government. (1)
In this rule,
unless the context otherwise requires,— (a)
any reference to
any article or thing shall be construed as including a reference to electrical
energy; (b)
the expression
“undertaking” means any undertaking by way of any industry, trade or business
and Includes the occupation of handling, loading or unloading of goods in the
course of transport. (2)
If the Central
Government or the State Government is of opinion that it is necessary or
expedient so to do for securing the defence of India and civil defence, the
efficient conduct of military operations or the maintenance or increase of
supplies and services essential to the life of the community or for securing the
equitable distribution and availability of any article or thing at fair prices,
it may, by order, provide for regulating or prohibiting the production,
manufacture, supply and distribution, use and consumption of articles things
and trade and commerce therein [24][or
for preventing any corrupt practice or abuse of authority in respect of any
such matter]. (3)
Without prejudice
to the generality of the powers conferred by sub-rule (2), an order made
thereunder may provide— (a)
for regulating by
licences, permits or otherwise the production, manufacture, treatment, keeping,
storage, movement, transport, distribution, disposal, acquisition, use or
consumption of articles or things of any description whatsoever; [25][(aa)
for regulating or prohibiting any class of commercial or financial transactions
in respect of any article or thing which, in the opinion of the Government are,
or, if not regulated or prohibited, are likely to be, detrimental to any of the
purposes specified in sub-rule (2);] (b)
for prohibiting
the withholding from sale, either generally or to specified persons or class or
classes of persons, of articles or things ordinarily kept for sale and for
requiring articles or things ordinarily kept for sale to be sold either
generally or to specified persons or class or classes of persons or in
specified circumstances; (c)
for requiring any
person holding in stock any article or thing to sell the whole or a specified
part of the stock to the Government or to an officer or agent of the Government
or to such other person or class or classes of persons and in such
circumstances as may be specified in the order [26][and
if the order relates to food-grains, at such price as may be specified in the
order having regard to— (i)
the maximum price,
if any, fixed by order under clause (e) or by or under any other law for the
time being in force, for the grade or variety of food grains to which the order
under this clause applies; and (ii)
the price for that
grade or variety of food grains prevailing or likely to prevail during the post-harvest
period in the area to which the order applies;]; (d)
for securing the
production or manufacture of specified articles or things in specified
quantities and for effecting modification in the pattern of production or
manufacture of such articles or things; [27][(dd)
for securing the production, manufacture, supply or sale according to the
prescribed standards and specifications, of any article or thing appearing to
the Government essential to any of the purposes specified in sub-rule (2); (ddd) for the minimum and maximum stock of any
article or thing appearing to the Government essential to any of the purposes
specified in sub-rule (2), to be held by any consumer or by any producer,
manufacturer, distributor, dealer or other person;] (e)
for controlling
the prices or rates at which articles or things of any description whatsoever
may be sold or hired or for relaxing any maximum or minimum limits otherwise
imposed on such prices or rates; (f)
for controlling
the rates at which any vessel registered in India may be hired and the rates at
which persons or goods may be carried in or on any such vessel; (g)
for requiring any
employers or class or classes of employers to supply to all or any class of
their employees or to any class of dependents of such employees such articles
or things in such quantities and at such price as may be specified in the order
and to provide such accommodation and other facilities for taking meals at or
near the place of employment as may be so specified; (h)
for controlling
the recruitment and employment of labour in such areas as may be specified in
the order, with a view to securing that efficient workers are available for
undertakings which, in the opinion of the Government, are essential
undertakings; (i)
for regulating the
carrying on of any undertaking engaged in, or capable of doing, work appearing
to the Government essential to any of the abovementioned purposes, and, in
particular,— (i)
for requiring work
to be done by an undertaking; (ii)
for determining
the order of priority in which, and the period or periods within which work
shall be done by an undertaking; (iii)
for controlling or
fixing the charges which may be made by the undertaking in respect of the doing
of any work by it; (iv)
for requiring,
regulating or prohibiting the engagement in the undertaking of any employees or
class or classes of employees; (v)
for requiring the
undertaking to provide adequate safeguards against sabotage; (j)
for requiring
persons engaged in the production, manufacture, supply or distribution of, or
trade and commerce in any article or thing, to maintain and produce for
inspection such books, accounts and records relating to their business and to
furnish such information relating thereto and to employ such accounting and
auditing staff as may be specified in the order; (k)
for collecting any
information or statistics with a view to regulating or prohibiting any of the
aforesaid matters; (l)
for requiring
persons carrying on any industry, trade or business or employed in connection
with any undertaking to produce to such authority as may be specified in the
order, any books, account or other documents relating thereto; and for
requiring such persons to furnish such authority as may be specified in the
order such estimates, returns or other information relating to any industry,
trade or business or any undertaking as may be specified in the order or
demanded thereunder; (m)
for the grant or
issue of licences, permits or other documents, the charging of fees therefor,
the deposit of such sum, if any, as may be specified in the order as security
for the due performance of the conditions of any such licence, permit or other
document, the forfeiture of the sum so deposited or any part thereof for
contravention of any such conditions, and the adjudication of such forfeiture
by such authority as may be specified in the order; (n)
for any incidental
or supplementary matters for which the Central Government or the State
Government thinks it expedient for the purposes of the order to provide,
including in particular, the entry into, search and inspection of premises,
places, vehicles, vessels or aircraft, the seizure, subject to the provisions
of sub-rule (7) by a person authorised to make such search of any articles or
things in respect of which such person has reason to believe that a
contravention of the order has been, is being or is about or likely to be
committed. (4)
If it appears to
the Central Government or the State Government that in the interests of the
defence of India and civil defence, or the efficient conduct of military
operations, or for maintaining supplies and services essential to the life of
the community, it is necessary to exercise control over the whole or any part
of an existing undertaking, that Government may by order authorise any person
(hereinafter referred to as an authorised controller) to exercise with respect
to the undertaking or any part thereof specified in the order, such functions
of control as may be provided by the order; and so long as an order made under
this sub-rule is in force with respect to any undertaking or part of an
undertaking— (a)
the authorised
controller shall exercise his functions in accordance with any instructions
given to him by the Central Government or the State Government, so, however,
that he shall not have power to give any directions inconsistent with the
provisions of any Act or other instrument determining the functions of the
undertakers except in so far as may be specifically provided by the order; and (b)
the undertaking or
part shall be carried on in accordance with any directions given by the
authorised controller in accordance with the provisions of the order, and any
person having any functions of management in relation to the undertaking or
part shall comply with any such directions. (5)
The Central
Government, so far as it appears to it to be necessary or expedient for
securing the defence of India and civil defence or the efficient conduct of
military operations, or for maintaining supplies and services essential to the
life of the community, may direct the employment of persons subject to the Army
Act, 1950 or the Air Force Act, 1950, or the Navy Act, 1957— (a)
In any public
utility service as defined in Section 2 of the Industrial Disputes Act, 1947,
or (b)
In any undertaking
or part thereof, (i)
which is being
carried on by the Central or a State Government, or (ii)
which, in the
opinion of the Central Government, is engaged in any trade or business
essential to the life of the community, or (iii)
with respect to
which an order made under sub-rule (4) is in force; and
thereupon it shall be the duty of every person so subject to obey any command
given by any superior officer in relation to such employment and every such
command shall be deemed to be a lawful command within the meaning and for the
Purpose of the Army Act, 1950, or the Air Force Act, 1950, or the Navy Act,
1957, as the case may be. (6)
A direction under
sub-rule (5) may be made with or without the consent of the person carrying on
the undertaking or part thereof to which the direction relates but if made
without his consent shall be communicated to such person who shall thereupon be
deemed to have contravened an order made under this rule if he obstructs or
fails to facilitate the employment of persons subject to the Army Act, 1950, or
the Air Force Act, 1950, or the Navy Act, 1957, in pursuance of the direction. (7)
Any articles or
things seized under the authority of any order made under clause (n) of
sub-rule (3) shall be conveyed without delay before a Magistrate who may give
such directions as to their temporary custody as he thinks fit, so however that
where no prosecution is instituted for a contravention of the order in respect
of the articles or things seized within a period in his opinion reasonable and
no action is taken for adjudging forfeiture of the articles or things under
sub-rule (8), the Magistrate shall direct their return to the person from whom
they were seized; and subject to the foregoing provisions of this sub-rule, the
provisions of the Code of Criminal Procedure, 1898, shall, so far as they may
be applicable, apply to any search or seizure under the authority of any such
order as they apply to any search or seizure under Chapter VII of that Code. (8)
Where any articles
or things are seized under the authority of an order relating to cotton cloth
or yarn and the order provides for the forfeiture of articles or things in
respect of which the order has been contravened, such forfeiture may, whether
or not any prosecution is instituted for a contravention of the order, be
adjudged by the Collector of the district or Presidency-town in which the
articles are seized, and any forfeiture so adjudged shall, subject only to an
appeal which shall lie to the State Government, be final: Provided
that an adjudication of forfeiture under this sub-rule shall be no bar to the
prosecution or punishment of any person under the provisions of sub-rule (9). [28][(9)
(a) If any person contravenes any order made under this rule, he shall be
punishable with imprisonment for a term which may extend to three years, or
with fine, or with both: Provided
that if any person contravenes any order made under this rule by resorting to
any corrupt practice or other mala fide action or by influencing any person to
abuse his authority, he shall be punishable with imprisonment for a term which
may extend to seven years, or with fine, or with both. (b)
If any order made under this rule so provides, any court trying a contravention
of the order may direct that any property in respect of which the Court is
satisfied that the order has been contravened shall be forfeited to Government.] (1)
In this rule,
unless the context otherwise requires, “undertaking” means— (a)
any undertaking
(including an undertaking vested in, or controlled or managed by, a local
authority) which is engaged in the production, generation, supply, distribution
or provision of water, transport, fuel, light, electricity or other power, or
any other thing or service which is notified by the Government as essential to
the life of the community; (b)
any system of
public conservancy and sanitation and any hospital or dispensary; and
also includes any part or property of an undertaking. (2)
If It appears to
the Central Government or the State Government that for maintaining supplies
and services essential to the life of the community, it is necessary to take
over the management of any undertaking, that Government may, by notified order,
authorise any person or body of persons to take over the management of any
undertaking specified in the order and thereupon such undertaking shall be
managed in accordance with the provisions of that order: Provided
that powers under this sub-rule shall not be exercised by the State Government
in respect of a company to which the Companies Act, 1956 applies. (3)
Any notified order
issued under sub-rule (2) shall have effect unless it is cancelled earlier, for
such period as may be specified in the order or for the period of operation of
the Defence of India Act, 1962, whichever is less: Provided
that if the Government is of opinion that it is expedient in the public
interest so to do, it may from time to time extend the period of operation of
an order issued under sub-rule (2) for such period as may be specified by a
subsequent order, but in no case extending beyond the period of operation of
the Defence of India Act, 1962. (4)
On the issue of a
notified order under sub-rule (2) authorising the taking over of the management
of an undertaking,— (a)
all persons in
charge of the management (whether known as managers, directors, or by any other
designation) of that undertaking immediately before the issue of the notified
order, shall be deemed to have vacated their office as such; (b)
any statutory or
other authority in charge of the management of such an undertaking shall cease
to exercise any powers of management in relation thereto and the Government
may, by that or any other order, make such provisions in relation to that
authority as it may deem fit; (c)
any contract of
management between the undertaking any managing agent or any director thereof
holding office as such immediately before the issue of the notified order shall
be deemed to have been terminated; (d)
the person or body
of persons authorised under sub-rule (2) to take over the management shall take
all such steps as may be necessary to take into his or their custody or control
all the property, effects and actionable claims to which the undertaking is or
appears to be entitled, and all the property and effects of the undertaking
shall be deemed to be in the custody of the person or, as the case may be, the
body of persons as from the date of the notified order; (e)
the persons, if
any, authorised under sub-rule (2) to take over the management of an
undertaking which is a company shall be for all purposes the directors of the
undertaking duly constituted under the Companies Act, 1956 and shall alone be
entitled to exercise all the powers of the directors of the undertaking,
whether such powers are derived from the said Act or from the memorandum or
articles of association of the undertaking or from any other source. (5)
Subject to the
other provisions of this rule and to the direction and control of the Central
Government or the State Government, as the case may be, the person or body of
persons authorised to take over the management of an undertaking shall take
such steps as may be necessary for the purpose of efficiently managing the
functions of the undertaking and shall exercise such other powers and have such
other duties as may be specified in the notified order under sub-rule (2). (6)
The person or body
of persons authorised under sub-rule (2) shall (not- withstanding anything
contained in the memorandum or articles of association of the undertaking if it
is a company), exercise his or their functions in accordance with such
directions as may be given by the Government so, however, that he or they shall
not have any power to give any other person any directions under this sub-rule
inconsistent with the provisions of any Act or instrument determining the
functions of the authority carrying on the undertaking except insofar as they
may be specifically provided by the notified order under sub-rule (2). (7)
No person who
ceases to hold any office by reason of the provisions contained in clause (a)
of sub-rule (4) or whose contract of management is terminated by reason of the
provisions contained in clause (c) of that sub-rule and no authority who ceases
to exercise any powers by reason of the provisions contained in clause (b) of
that sub-rule, shall be entitled to any compensation for the loss of office or
for the premature termination of his contract of management or for the cesser
of the powers of management, as the case may be: Provided
that nothing contained in this sub-rule shall affect the right of any such
person or authority to recover from the undertaking monies recoverable
otherwise than by way of such compensation (8)
Where the
management of an undertaking, being a company as defined in the Companies Act,
1956, is taken over by the Central Government, then, notwithstanding anything
contained in the said Act or in the memorandum or articles of association of
such undertaking,— (a)
it shall not be
lawful for the shareholders of such undertaking or any other person to nominate
or appoint any person to be a director of that undertaking; (b)
no resolution
passed at any meeting of the shareholders of such undertaking shall be given
effect to unless approved by the Central Government; (c)
no proceeding for
the winding up of such undertaking or for the appointment of a receiver in
respect thereof shall lie in any Court except with the consent of the Central
Government; and
subject to the provisions aforesaid and subject to such other exceptions,
restrictions and limitations, if any, as the Central Government may, by
notification, specify in this behalf, the Companies Act, 1956, shall continue
to apply to such undertaking in the same manner as it applied thereto before
the issue of the notified order under sub-rule (2). (9)
If at any time it
appears to the Central Government or the State Government, as the case may be,
that the purpose of the order made under sub-rule (2) has been fulfilled or
that for any other reason it is not necessary that the order should remain in
force, the Central Government or the State Government, as the case may be, may,
by notified order, direct that the order made under sub-rule (2) shall stand
cancelled with effect from such date as may be specified therein and on the
cancellation of the order made under sub-rule (2), the undertaking shall be
managed in accordance with the provisions of the Act or other instrument, if
any, by which it was managed immediately before the issue of that order, so
however that steps, if any, in relation to the management of the undertaking
may be taken on the making of the order of cancellation under this sub-rule.][29] (1)
If in the opinion
of the Central Government or the State Government it is necessary or expedient
so to do for securing the defence of India and civil defence, the public
safety, the maintenance of public order or the efficient conduct of military
operations, or for maintaining supplies and services essential to the life of
the community, notwithstanding anything contained in any other provisions of
these rules, the Central Government may, by general or special order, applying
generally or to any specified area and to any undertaking or class of
undertakings, make provision— (a)
for prohibiting
subject to the provisions of the order a strike or lock-out in connection with
any industrial dispute; (b)
for requiring
employers, workmen or both to observe for such period as may be specified in
the order such terms and conditions of employment as may be determined in
accordance with the order: Provided
that no order made under clause (b) shall require any employer to observe terms
and conditions of employment less favourable to the workmen than those which
were applicable to them at any time within three months preceding the date of
the order. (2)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years or with fine, or with
both. (3)
In this rule, the
expressions “employer”, “lock-out”, “strike”, “industrial dispute’ and
“workman” shall have the meanings respectively assigned to them in Section 2 of
the Industrial Disputes Act, 1947 (14 of 1947). (1)
This rule applies
to all employment under the Central Government or the State Government and to
any employment or class of employment which the Central Government or the State
Government, being of opinion that such employment or class of employment is
essential for securing the defence of India and civil defence, the public
safety, the maintenance of public order, or the efficient conduct of military
operations, or for maintaining supplies and services necessary to the life of
the community, may, by notification, declare to be an employment or class of
employment to which this rule applies. Explanation.—For
the purpose of this rule, “employment” includes employment of any nature, and
whether paid or unpaid. (2)
The Central
Government or the State Government may, by general or special order, direct
that any person or persons engaged in any employment to which this rule
applies, shall not depart out of such area or areas as may be specified in such
order. Any order issued under this sub-rule shall be published in such manner
as the Government making the order considers best calculated to bring it to the
notice of the persons affected by the order. (3)
Any person engaged
in any employment or class of employment to which this rule applies, who,— (a)
disobeys any
lawful order given to him in the course of such employment, or (b)
without reasonable
excuse abandons any such employment or absents himself from work, or (c)
departs from any
area specified in an order under sub-rule (2) without the consent of the
authority making that order, and
any employer of any person engaged in an employment or class of employment to
which this rule applies, who without reasonable cause,— (i)
discontinues the
employment of such person, or (ii)
by closing an
establishment in which such person is engaged causes the discontinuance of his
employment. shall
be deemed to have contravened this rule. Explanation 1.—The
fact that a person apprehends that by continuing in his employment he may be
exposed to increased physical danger is not a reasonable excuse within the
meaning of clause (b). Explanation 2.—A
person abandons his employment within the meaning of clause (b), who
notwithstanding that it is an express or implied term of his contract of
employment that he may terminate his employment on giving notice to his
employer of his intention to do so, so terminates his employment without the
previous consent of his employer. (4)
The Central
Government or the State Government may by order regulate the wages and other
conditions of service of persons or of any class of persons engaged in any
employment or class of employment to which this rule applies. (5)
If any person
contravenes any provision of this rule or of any order made under this rule, he
shall be punishable, without prejudice to any action which may be taken against
him under any other law for the time being in force, with imprisonment for a
term which may extend to one year, or with fine, or with both.][30] Part XIII TRANSPORT (1)
Without prejudice
to any order made under sub-rule (1) of Rule 64 or to the provisions of any
other of these Rules, the Central Government may by order make provision— (a)
for prohibiting,
restricting or otherwise controlling the shipping or unshipping of persons,
animals or goods or any specified class of persons, animals or goods; (b)
for prohibiting,
restricting or otherwise controlling the embarking on or putting on board aircraft,
or the disembarking or unloading from aircraft, of persons, animals or goods,
or any specified class of persons, animals or goods; (c)
generally for
regulating, facilitating or expediting any form of traffic at or in or in the
vicinity of any port or aerodrome. (2)
If any person
contravenes any order made under this rule, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
The appropriate
authority may, for the purpose of preventing or avoiding any undue congestion
at any port or aerodrome or on any railway premises caused to be removed
therefrom, and kept at such places as that authority thinks proper, any goods
which are not removed with reasonable despatch by or on behalf of the
consignee. (2)
The cost of the
removal and custody of any goods under sub-rule (1) shall be recoverable from
the consignee as an arrear of land revenue by the appropriate authority, which
for the purposes of such recovery shall be deemed to be a public officer within
the meaning of Section 5 of the Revenue Recovery Act 1890 (1 of 1890). (3)
For the purposes
of this rule, the expression “appropriate authority” means— (a)
in respect of a
port, the port authority of the port, or any person authorised by that
authority or by the Central Government in this behalf; (b)
in respect of an
aerodrome, the Director General of Civil Aviation; (c)
in respect of any
railway premises, the officer authorised in this behalf by the railway
administration concerned. (1)
If it appears to
the Central Government to be necessary or expedient so to do for securing the
defence of India and civil defence, or the efficient conduct of military
operations, or for maintaining supplies essential to the life of the community
the Central Government may by notified order declare that such restrictions
imposed by or under any law for the time being in force as may be specified in
the order shall not apply to the loading, unloading, handling, storage,
conveyance or importation of ammunition, explosives or inflammable substances
in the service of the Union or under instructions given on behalf of
Government, or for purposes of defence, or in such other circumstances, as may
be specified in the order. (2)
When a declaration
has been made under sub-rule (1), the Central Government may by order make such
provision as appears to it to be required in the interests of safety, for
regulating the loading, unloading, handling, storage and conveyance of
ammunition, explosives and inflammable substances to which the declaration
applies. (3)
The Chief
Inspector of Explosives in India may, if it appears to him necessary or
expedient so to do for any of the purposes mentioned in sub-rule (1), authorise
in special cases the relaxation or modification of any restrictions imposed by
or under any law on the loading, unloading handling, storage or conveyance of
ammunition, explosives or inflammable substances. (4)
If any person
contravenes any order made under sub-rule (2), he shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with
both. (1)
If it appears to
the Central Government to be necessary or expedient so to do for securing the
defence of India and civil defence, or the efficient conduct of military
operations, the Central Government may by notified order declare that nothing
in any restriction. imposed by or under any law for the time being in force
shall apply to, or to the driver or person in charge of, any vehicle or class
of vehicles which is the property of the Central Government in the Defence
Ministry or which is otherwise in the service of Government for purposes of
defence or which is engaged in any such work as may be specified by the Central
Government. (2)
When a declaration
has been made under sub-rule (1), the Central Government may by order make such
provision as appears to it to be required in the interests of safety for
regulating the use of the vehicle or class of vehicles to which or the
qualifications or conduct of the driver or person in charge to whom, the
declaration applies. (1)
In this rule— (a)
“vehicle” means
any vehicle used, or, capable of being used, for the purpose or road transport,
whether propelled by mechanical power or otherwise, and whether used for
drawing other vehicles or otherwise, and includes a tramcar and a
trolly-vehicle; (b)
“animal” means any
animal used, or capable of being used, for the transport of persons or goods; (c)
“water transport”
means transport on inland water-ways or tidal waters or along the coast and
includes transport by sea in country craft to any place whether within or
outside India. (2)
Without prejudice
to any other provision of these Rules, the Central Government or the State
Government may by general or special order— (a)
regulate, restrict
or give directions with respect to, the use of any animal or vehicle for the
purpose of road transport, or the sale or purchase of any animal or vehicle; (b)
require any person
owning, or having in his possession or under his control, any animal or vehicle
to make to any person specified in this behalf a return giving such particulars
as may be specified in the order with regard to such animal or vehicle and
require such return to be verified in such manner as may be specified in the
order; (c)
require any person
owning, or having in his possession or under his control, any animal or vehicle
to give notice in such manner as may be specified in the order before disposing
thereof or allowing it to pass out of his possession or control; (d)
require any person
owning, or employed in connection with, or having in his possession or under
his control, any animal or vehicle to comply with any directions given by any
person specified in, or duly authorised in pursuance of, the order; and such
directions may require the person owning, or employed in connection with, or
having in his possession or under his control, any animal or vehicle to use
such animal or vehicle for the conveyance of such persons or goods at such time
and by such routes as may be set forth in the directions; (e)
prescribe the
conditions subject to which, and the rates at which, any animal or vehicle may
be hired for the purpose of road transport and persons or goods may be carried
by road, and the conditions subject to which goods so carried or to be carried
may be discharged or loaded; (f)
provide for
prohibiting or restricting the carriage of persons or goods of any class by
road, and for prescribing the radius or distance within which persons or goods
of any class may be carried by road; (ff) provide for prohibiting any person or class of
persons from travelling by any vehicle or class of vehicles; (g)
provide for the
giving of directions with respect to the carriage of persons or goods on any
particular vehicle, or by any particular route, or to any particular clearing
house or depot; (gg) provide for prohibiting or restricting the
carriage of persons or goods by any vehicle or class of vehicles, either
generally or between any particular places or on any particular route; (h)
provide for the
regulation of the priority in which persons and goods are to be carried by road
and vehicles are to be used for the purpose of road transport; (i)
make such other
provisions in relation to road transport as appear to that Government to be
necessary or expedient for securing the defence of India and civil defence, the
public safety, the maintenance of public order of the efficient conduct of
military operations, or for maintaining supplies and services essential to the
life of the community. (3)
If any police
officer or any other person authorised by the Central Government or the State
Government in this behalf has reason to believe that any animal or vehicle, is
or is kept, in or upon any building, land or other premises, or is being used
by any person in contravention of an order made under sub-rule (2), such
officer or person may— (i)
enter and search
such building, land or other premises, and seize any animal or vehicle found
therein or thereon which he suspects to be therein or thereon in contravention
of the order; (ii)
stop such person
and seize any animal or vehicle which is being used in contravention of the
order. (4)
The Central Government
or the State Government may declare any animal or vehicle seized in pursuance
of sub-rule (3) to be forfeited to Government and thereupon such animal or
vehicle shall be disposed of in such manner as may be ordered by that
Government. (5)
The provisions of
sub-rules (2), (3) and (4) shall also apply in relation to water transport and
vessels used or capable of being used for the purpose of water transport as
they apply in relation to road transport and vehicles. (6)
If any person
contravenes any order made in pursuance of this rule, he shall be punishable
with imprisonment for a term which may extend to six months, or with fine, or
with both. Part XIV FINANCIAL
PROVISIONS (1)
In this rule,— (i)
the expression
“coin” means coin which is legal tender under the Indian Coinage Act, 1906 (4
of 1906); (ii)
the expression
“note” means a Reserve Bank of India note or a currency note of the Government
of India or a Government of India one rupee note issued under the Currency
Ordinance, 1940 (3 of 1940); (iii)
the expression
“small coin” means any coin other than a rupee. (2)
No person shall,— (a)
buy or sell, or
offer to buy or sell, for an amount other than its face value, any coin or
note; or (b)
accept or offer to
accept in payment of a debt or otherwise, any coin or note for an amount other
than its face value; or (c)
refuse to accept,
in payment of a debt or otherwise, any coin or note; or (d)
acquire coin to an
amount in excess of his personal or business requirements for the time being
which, in the case of an acquisition of coin from any Currency Office,
Treasury, Sub-Treasury or branch of the State Bank of India doing treasury
business, shall be determined by the officer in charge of such Currency Office,
Treasury, Sub-Treasury or branch whose determination shall be final and shall
not be called in question in any legal proceedings; or (e)
possess small coin
in any amount in excess of his personal or business requirements for the time
being. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both, (1)
No person shall
buy or sell, or offer to buy or sell, whether on behalf of himself or of any
other person any securities at less than such prices as the Central Government
may notify in this behalf. (2)
For the purposes
of regulating contracts in securities or for any other purposes connected
therewith or ancillary thereto, the Central Government may issue to any
individual or any body of individuals constituted for the purpose of assisting,
regulating or controlling the business of buying, selling or otherwise dealing
in securities, whether incorporated or not and whether recognised or not, such
directions as the Central Government may deem fit and any person to whom or in
relation to whom any directions are issued shall be bound to comply with such
directions. (3)
If any person
contravenes the provisions of this rule he shall be punishable with
imprisonment for a term which may extend to five years, or with fine, or with
both. Explanation.
—for the purposes of this Rule, “securities” shall include: (a)
Government
securities as defined in Section 2 of the Public Debt Act, 1944; (b)
shares, scrips,
stocks, bonds, debentures, debenture stock or other marketable securities of a
like nature in or of any incorporated company or other body corporate; and (c)
rights or
interests in securities. [31][Part XIV-A CONTROL OF TRADING WITH ENEMY For
the purposes of this Part, the expression “enemy” means— (a)
any person or
country committing external aggression against India, or (b)
any individual
resident in enemy territory, or (c)
any body of
persons constituted or incorporated in enemy territory, or in, or under the
laws of, a State which has committed external aggression against India, or (d)
any body of
persons, whether incorporated or not, carrying on business in any place, if and
so long as the body is controlled by a person who, under this rule, is an
enemy, or (e)
as respects any
business carried on in enemy territory, any individual or body of persons,
whether incorporated or not, carrying on that business, or (f)
any person to whom
the Registration of Foreigners Act, 1939 and the Foreigners Act, 1946, apply by
virtue of Section 2 of the Foreigners Law (Application and Amendment) Act,
1962, and who is either— (i)
arrested under the
Foreigners (Internment) Order, 1962; or (ii)
declared by the
Central Government to be an enemy, or (g)
any other person
or body of persons declared by the Central Government to be an enemy on the
ground that such person or body of persons is engaged in any financial,
contractual, commercial or other intercourse or dealings with any country,
person or body of persons referred to in clauses (a) to (e) of this rule. (1)
For the purposes
of this Part, a person shall be deemed to have traded with the enemy if he has
had any commercial, financial or other intercourse or dealings with, or for the
benefit of, an enemy, and, in particular, but without prejudice to the
generality of the foregoing provision, if he has— (i)
supplied any goods
to or for the benefit of an enemy, or obtained any goods from an enemy or
traded in, or carried, any goods consigned to or from an enemy or destined for
or coming from enemy territory, or (ii)
paid or
transmitted any money, negotiable instrument or security for money to or for
the benefit of an enemy or to a place in enemy territory, or (iii)
performed any
obligation to, or discharged any obligation of, an enemy, whether the
obligation was undertaken before or after the commencement of the Ordinance: Provided
that a person shall not be deemed to have traded with the enemy by reason only
that he has— (a)
done anything
under an authority given generally or specially by, or by any person authorised
in that behalf by, the Central Government, or (b)
received payment
from an enemy of a sum of money due in respect of a transaction under which all
obligations on the part of the person receiving payment had already been
performed when payment was received and had been performed at a time when the
person from whom the payment was received was not an enemy. (2)
Any reference in
this rule to an enemy shall be construed as including a reference to a person
acting on behalf of an enemy. (3)
Any person who
trades with the enemy shall be punishable with imprisonment for a term which
may extend to seven years or with fine or with both. (4)
In any proceedings
for an offence of trading with the enemy, the fact that any document has been
despatched addressed to a person in enemy territory shall, unless the contrary
is proved, be evidence, as against any person who was a party to the despatch
of the document, that the person to whom the document was despatched was an
enemy. No
transaction which constitutes an offence of trading with the enemy shall,
except to such extent as the Central Government may by general or special order
regulate, be effective so as to confer any rights or remedies on the parties to
such transaction or on any persons claiming under them. The
Central Government may, either generally or for any particular area, appoint
one or more Controllers, Deputy Controllers and Inspectors, of Enemy Trading,
for securing compliance with the provisions of this Part, and may, by general
or special order, provide for the distribution and allocation of the work to be
performed by them under these Rules. (1)
If a Controller,
or Deputy Controller, of Enemy Trading has reasonable cause to believe that an
offence punishable under Rule 133-B has been, or is likely to be, committed, he
may— (a)
inspect or cause
to be inspected any books or documents belonging to, or under the control of,
any person; (b)
order any person
to give such information in his possession with respect to any business carried
on by that or any other person as the Controller or Deputy Controller, as the
case may be, may demand, and for the purposes aforesaid, may— (i)
enter and search,
or authorise a police officer not below the rank of Sub-Inspector to enter and
search, any premises used for the purposes of the said business; (ii)
summon any person,
examine him on oath, reduce his answers to writing and require him to sign the
writing; and (iii)
if any person so
summoned fails to appear at the time appointed, cause him to be apprehended by
a police officer and brought before him for examination. (2)
A Controller, or
Deputy Controller, of Enemy Trading may by order in writing delegate his powers
in any particular case to an Inspector of Enemy Trading. If
in order to secure compliance with the provisions of this Part the Central
Government considers it expedient so to do, it may by order direct that the
business of any person (hereinafter referred to as the suspected person) shall
be subjected to supervision; and, thereupon a Controller of Enemy Trading and
any person authorised by a Controller in this behalf shall have in relation to
that business— (a)
all the powers
mentioned in Rule 133-E; (b)
the power to
prohibit or regulate by means of written instructions to the suspected person
or his agents or employees any transactions or class of transactions of that
person; and (c)
such other powers
as may from time to time be conferred on him by the Central Government. If
any person contravenes any order lawfully given by any Controller, Deputy
Controller, or Inspector, of Enemy Trading, or any person authorised by a
Controller under Rule 133-F, that person shall be punishable with imprisonment
for a term which may extend to six months, or with fine, or with both. If
any person with intent to evade the provisions of this Part conceals, destroys,
mutilates, or defaces any book or other document, that person shall be
punishable with imprisonment for a term which may extend to five years, or with
fine, or with both, Part XIV-B
CONTROL OF ENEMY FIRMS In
this Part— (1)
“Enemy subject”
means— (a)
any individual who
possesses the nationality of a State which has committed external aggression
against India, or having possessed such nationality at any time has lost it
without acquiring another nationality, or (b)
any body of
persons constituted or incorporated in or under the laws of such State; (2)
“enemy firm”
means— (a)
any enemy subject
who is, or at any time subsequent to the 25th October, 1962,
was carrying on any business in India, or (b)
any firm, whether
constituted in India or not, of which any member or officer is, or at any time
subsequent to the 25th October, 1962, was an enemy subject and which is, or at
any time subsequent to the 25th October, 1962, was carrying on business in
India, or (c)
any company,
whether incorporated in India or not, of which any officer is, or at any time
subsequent to the 25th October, 1962, was an enemy subject, and which is, or at
any time subsequent to the 25th October, 1962, was carrying on business in
India, or (d)
any person or body
of persons, whether incorporated or not, who or which in the opinion of the
Central Government is, or at any time subsequent to the 25th October 1962, was
carrying on business in India— (i)
under the control
whether direct or indirect of any enemy subject, or (ii)
wholly or mainly
for the benefit of enemy subjects generally or any class of enemy subjects or
any individual enemy subject; (3)
“enemy currency”
means any such note or coins as circulate as currency in any enemy territory or
any such other notes or coins as are for the time being declared by an order of
the Central Government to be enemy currency; (4)
“enemy property”
means any property for the time being belonging to or held or managed oh behalf
of an enemy as defined in Rule 133-A, an enemy subject or an enemy firm: Provided
that where an individual enemy subject dies in India any pro-party which,
immediately before his death, belonged to or was held by him, or was managed on
his behalf, may notwithstanding his death continue to be regarded as enemy
property for the purposes of Rule 133-V; (5)
“securities”
includes shares, stock, bonds, debentures and debenture stock, but does not
include bills of exchange. (1)
No person shall,
directly or indirectly— (a)
advance money to,
or enter into any contract with, any enemy firm; (b)
pay any sum of
money to, or for the benefit of, an enemy firm; (c)
give any security
for the payment of any debt or any other sum of money for the benefit of an
enemy firm; or (d)
act on behalf of
an enemy firm in drawing, accepting, paying, presenting for acceptance or
payment, negotiating or otherwise dealing with, any negotiable instrument; or (e)
accept, pay, or
otherwise deal with, any negotiable instrument which is held by, or on behalf
of, an enemy firm; or (f)
enter into any new
transaction, or complete any transaction already entered into, with an enemy
firm in respect of any stocks, shares or other securities; or (g)
make or enter into
any new policy of contract of insurance (including re-insurance) or accept or
give effect to any insurance of any risk arising under a policy or contract of
insurance (including re-insurance) made or entered into with, or for the
benefit of, an enemy firm; or (h)
supply to, or for
the use or benefit of, or obtain from, an enemy firm, any goods, wares or
merchandise, or trade in or carry any goods, wares or merchandise destined for
an enemy firm; or (i)
enter into any
other commercial or financial obligation or contract with, or for the benefit
of, an enemy firm. (2)
In any proceeding
arising out of a contravention of clause (e) of sub-rule (1) it shall be a
defence for the accused to prove that at the date of the contravention he had
no reasonable ground for believing that the negotiable instrument was held by
or on behalf of an enemy firm. (3)
No person shall,
directly or indirectly, purchase enemy currency. (4)
Nothing in this
rule shall be deemed to prohibit anything expressly permitted by or under the
authority of the Central Government. (5)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extend to seven years, or with fine, or with
both. The
Central Government may, either generally or for any particular area, appoint
one or more Controllers, Deputy Controllers and Inspectors, of Enemy Firms, for
securing compliance with the provisions of this Part, and may, by general or
special order, provide for the distribution and allocation of the work to be
performed by them under these Rules. If
a Controller, Deputy Controller or Inspector of Enemy Firms has reasonable
cause to believe that an offence punishable under Rule 133-J has been, or is
likely to be, committed, he may— (a)
inspect or cause
to be inspected any books or documents belonging to, or under the control of
any person; (b)
order any person
to give such information in his possession with respect to any business carried
on by that or any other person as the Controller, Deputy Controller or
Inspector, as the case may be, may demand, and for the purposes aforesaid, may (i)
enter on any
premises used for the purposes of the business; (ii)
summon any person,
examine him on oath, reduce his answers to writing and require him to sign the
writing; (iii)
if any person so
summoned fails to appear at the time appointed, cause him to be apprehended by
a police officer and brought before him for examination. If
it appears to a Controller of Enemy Firms that it is expedient for securing
compliance with the provisions of this Part that any business should be subject
to supervision, he may by order in writing direct that the business shall be
subject to supervision, and thereupon any Controller, Deputy Controller or
Inspector of Enemy Firms may for the purposes of such supervision exercise all
or any of the powers mentioned in Rule 133-L, and such other powers as may from
time to time be conferred on him by the Central Government. (1)
If it appears to a
Controller of Enemy Firms that it is expedient for securing compliance with the
provisions of this Part that the business of a person or body of persons
suspected by him to be an enemy firm should be subject to supervision, he may,
pending a decision by the Central Government in the matter, by order in writing
direct that the business shall be subject to supervision for a period which
shall not, without the previous sanction of the Central Government, exceed one
month; and, thereupon, any Controller, Deputy Controller or Inspector, of Enemy
Firms may— (a)
exercise, for the
purposes of such supervision, all or any of the powers mentioned in Rule 133-L; (b)
by order in
writing cancel any transaction of the firm which, in his opinion, is injurious
to the public interest or is intended to evade the provisions of this Part; (c)
authorise the
business of the firm to be carried on under such management as may be approved
by him or subject to such conditions as he may deem fit to impose; (d)
himself carry on
the business of the firm, if, in his opinion, no suitable management is
available. (2)
Where a business
is subjected to supervision under sub-rule (1), the Central Government may
direct the Controller to recover from the assets of the firm concerned such
fee, not exceeding the cost of supervision, as the Central Government may deem
fit to impose. If
any person contravenes any order lawfully given by any Controller, Deputy
Controller, or Inspector, of Enemy Firms, that person shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. If
any person with intent to evade the provisions of this Part conceals, destroys,
mutilates or defaces any book or other document which a Controller, Deputy
Controller, or Inspector, of Enemy Firms is empowered under Rule 133-L or Rule
133-M to inspect, that person shall be punishable with imprisonment for a term
which may extend to five years, or with fine, or with both. Where
it appears to the Central Government that a contract entered into, whether
before or after the commencement of the Ordinance, with a person or body of
persons who at the time of such contract was, or subsequent to such contract
became, an enemy as defined in Rule 133-A or an enemy subject, or an enemy firm
is injurious to the public interest, or was entered into with a view to evade
the provisions of this Part, the Central Government may by order cancel or
determine such contract either unconditionally or upon such conditions as it
thinks fit. (1)
Where it appears
to the Central Government that a transfer of property movable or immovable
made, whether before or after the commencement of the Ordinance, to or by a
person or body of persons who at the time of such transfer was, or subsequent
to such transfer became, an enemy as defined in Rule 133-A or an enemy subject
or an enemy firm is injurious to the public interest or was made with a view to
evade the provisions of this Part, the Central Government may, by order,
declare such transfer, and any subsequent transfer or sub-transfer of the same
property or part thereof, to be void, either in whole or in part, or may impose
such conditions on the transferee as it thinks fit. (2)
On the making of
an order under sub-rule (1) declaring any transfer, subsequent transfer or
sub-transfer of any property to be void, that property shall, with effect from
the date of the order, to deemed to be revested in the original transferor. (1)
If any securities
are transferred by, or allotted or transferred to, an enemy firm, then, except
with the sanction of the Central Government, the transferee or allottee shall
not by virtue of the transfer or allotment have any rights or remedies in
respect of the securities; and no body corporate by which the securities were
issued, or are managed, shall take cognizance of, or otherwise act upon, any
such transfer except under the written authority of the Central Government. (2)
No share warrants,
stock certificates or bonds shall be issued, payable to bearer, in respect of
securities registered or inscribed in the name or an enemy firm or of a person
acting on behalf, or for the benefit, of an enemy firm. (3)
If any person
contravenes any of the provisions of this rule, he shall be punishable with
imprisonment for a term which may extent to six months, or with fine, or with
both. (1)
No transfer of a
negotiable instrument or an actionable claim by or on behalf of an enemy firm
nor any subsequent transfer thereof shall, except with the sanction of the
Central Government, be effective so as to confer any rights or remedies in
respect of the negotiable instrument or, as the case may be, the actionable
claim. (2)
If any person by
payment or otherwise purports to discharge any liability from which he is
relieved by sub-rule (1) knowing the facts by virtue of which he is so
relieved, he shall be punishable with imprisonment for a term which may extend
to six months, or with fine, or with both: Provided
that in any proceedings in pursuance of this sub-rule it shall be a defence for
the accused to prove that at the time when he purported to discharge the
liability in question he had reasonable grounds for believing that the
liability was enforceable against him by order of a competent court, not being
a court in India or in a State committing external aggression against India,
and would be enforced against him by such an order. (3)
Where a claim in
respect of a negotiable instrument or an actionable claim is made against any
person who has reasonable cause to believe that, if he satisfied the claim, he
would thereby be committing an offence punishable under sub-rule (2), that
person may pay into a competent civil court any sum which but for the provisions
of sub-rule (1) would be due in respect of the claim and thereupon the payment
shall for all purposes be a good discharge to that person. (1)
Where it appears
to the Central Government that the control or management of an enemy firm has
been, or is likely to be, so affected by external aggression as to prejudice
the effective continuance of its trade or business, and that it is in the
public interest that the trade or business should continue to be carried on,
the Central Government may by order authorise a person to carry on the trade or
business in such manner and to such extent as may be prescribed. (2)
While a person
authorised under sub-rule (1) is carrying on the trade or business of any enemy
firm,— (a)
such person shall
be deemed to be acting as the agent of the firm and, subject only to such
restrictions as the Central Government may impose, shall have in relation to
the management of the affairs of the firm all such powers and authority as the
firm itself would have if it were not an enemy firm, provided that any person
having any commercial, financial or other intercourse or dealings with such
person while so acting, shall not, merely by reason of such intercourse or
dealings, be deemed to have contravened the provisions of Rule 133-B or Rule
133-J; (b)
such person shall
be entitled to the management of the affairs of the firm to the exclusion of
any other person acting or purporting to act on behalf of the firm, and for the
purposes of such management shall be entitled to employ such staff or other
agency as he thinks fit; (c)
such person shall
not, in respect of such matters relating to the said management as may be
specified by order of the Central Government be bound by any obligation or
limitation imposed on him as agent of the firm by or under any law, instrument
or contract; (d)
such person shall
be entitled to retain out of the assets of the firm all costs, charges and
expenses of, or incidental to the said management, and such remuneration as may
be prescribed; and (e)
the firm shall not
have the right to control the carrying on of the trade or business. (3)
No person
authorised under sub-rule (1) to carry on the trade or business of an enemy
firm shall be personally liable for acts done by him in good faith in the
course of management of such trade or business, (4)
The provisions of
this rule shall apply also in relation to a body of persons, whether
incorporated or not, which is an enemy as defined in Rule 133-A and which is,
or at any time subsequent to the 25th of October, 1962, was carrying on
business in India, as they apply in relation to an enemy firm. (1)
With a view to
preventing the payment of moneys to an enemy firm and preserving enemy
property, the Central Government may appoint a Custodian of Enemy Property for
India and one or more Deputy Custodians and Assistant Custodians of Enemy
Property for such local areas as may be prescribed and may by order: (a)
require the
payment to the prescribed custodian of money which would but for these rules be
payable to or for the benefit of an enemy firm; or which would but for the
provisions of Rule 133-Q and Rule 133-T be payable to any other person and upon
such payment the said money shall be deemed to be property vested in the
prescribed custodian; (b)
vest, or provide
for and regulate the vesting, in the prescribed custodian such enemy property
as may be prescribed; (c)
vest in the
prescribed custodian the right to transfer such other enemy property as may be
prescribed, being enemy property which has not been, and is not required by the
order to be, vested in the custodian: (d)
confer and impose
on the custodian and on any other person such rights, powers, duties and
liabilities as may be prescribed as respects— (i)
property which has
been or is required to be, vested in a custodian by or under the order, (ii)
property of which
the right of transfer has been, or is required to be, so vested, (iii)
any other enemy
property which has not been, and is not required to be, so vested, (iv)
money which has
been, or is by the order required to be, paid to a custodian; (e)
require the
payment of the prescribed fees to the custodian in respect of such matters as
may be prescribed and regulate the collection of and accounting for such fees; (f)
require any person
to furnish to the custodian such returns, accounts and ether information and to
produce such documents, as the custodian considers necessary for the discharge
of his functions under the order; and
any such order may contain such incidental and supplementary provisions as
appear to the Central Government to be necessary or expedient for the purposes
of the order. (2)
Where any order
with respect to any money or property is addressed to any person by a custodian
and accompanied by a certificate of the custodian that the money or property is
money or property to which an order under sub-rule (1) applies, the certificate
shall be evidence of the facts stated therein, and if that person complies with
the order of the custodian, he shall not be liable to any suit or other legal
proceeding by reason only of such compliance. (3)
Where, in
pursuance of an order made under sub-rule (1)— (a)
any money is paid
to a custodian, or (b)
any property, or
the right to transfer any property, is vested in a custodian, or (c)
an order is given
to any person by a custodian in relation to any property which appears to the
custodian to be property to which the order under sub-rule (1) applies, neither
the payment, vesting nor order of the custodian nor any proceedings in
consequence thereof, shall be invalidated or affected by reason only that at a
material time— (i)
some person who
was or might have been interested in the money or property, and who was an
enemy firm, had died or had ceased to be an enemy firm, or (ii)
some person who
was so interested, and who was believed by the custodian to be an enemy firm,
was not an enemy firm. (4)
In sub-rules (1),
(2) and (3), the expression “custodian” includes a Deputy Custodian of Enemy
Property and an Assistant Custodian of Enemy Property and every reference to an
enemy firm shall be construed as including a reference to a person who is an
enemy as defined in Rule 133-A. (5)
Where in pursuance
of an order made under sub-rule (1) the assets of a company arc vested in the
custodian, no proceedings, civil or criminal, shall be instituted under the
Companies Act, 1956, against the company or any director, manage; or other
officer thereof except with the consent in writing of the custodian. (6)
If any person pays
any debt or deal, with any property to which any order under sub-rule (1)
applies otherwise than in accordance with the provisions of the order, he shall
be punishable with imprisonment for a term which may extend to six months, or
with fine, or with both and the payment or dealing shall be void. (7)
If any person
without reasonable cause fails to produce or furnish in accordance with the
requirements of an order under sub-rule (1) any document or information which
he is required under the order to produce or furnish, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. (1)
In this rule
“enemy” means any person or body of persons who is for the time being an enemy
as defined in Rule 133-A. (2)
Where any business
is being carried on in India by, or on behalf of or under the direction of,
persons all or any of whom are enemies or enemy subjects or appear to the
Central Government to be associated with enemies, the Central Government may,
if it thinks it expedient so to do, make— (a)
an order
(hereafter in this rule referred to as a “restriction order”) prohibiting the
carrying on the business either absolutely or except for such purposes and
subject to such conditions as may be specified in the order, or (b)
an order
(hereafter in this rule referred to as a “winding up order”) requiring the
business to be wound up; and
the making of a restriction order as respects any business shall not prejudice
the power of the Central Government, if it thinks it expedient so to do, at any
subsequent date to make a winding up order as respects that business. (3)
Where an order
under sub-rule (2) is made as respects any business, the Central Government
may, by that or a subsequent order, appoint a Supervisor to control and
supervise the carrying out of the order, and, in the case of a winding up
order, to conduct the winding up of the business and may confer on the
Supervisor any such powers in relation to the business as are exercisable by a
liquidator in the voluntary winding up of a company in relation to the company
(including power in the name of the person carrying on the business or in his
own name and by deed or otherwise, to convey or transfer any property, and
power to apply to the court to determine any question arising in the carrying
out of the order), and may by the order confer on the Supervisor such other
powers as the Central Government thinks necessary or convenient for the purpose
of giving full effect to the order. (4)
Where a
restriction order or a winding up order is made as respects any business, the
distribution of any assests of the business which are distributed while the
order is in force shall be made in accordance with the rules as to preferential
payments applicable to the distribution of the assets of a company which is
being wound up, but subject to such modifications, if any, as the Central
Government may by a general or special order prescribe in this behalf and the
said assets of the business shall, so far as they are available for discharging
unsecured debts be applied in discharging unsecured debts due to creditors of
the business who are neither enemies nor enemy subjects in priority to
unsecured debts due to any other creditors, and any balance, after providing
for the discharge of all liabilities of the business, shall be distributed
among the persons interested in the business in such manner as the Central
Government may direct: Provided
that the provisions of this sub-rule shall in their application to the
distribution of any money or other property which would, in accordance with
those provisions, fall to be paid or transferred to an enemy, enemy subject or
enemy firm whether as a creditor or otherwise, have effect subject to the
provisions of Rule 133-V and of any order made under that rule. (5)
Where any business
for which a Supervisor has been appointed under this rule has assets in enemy
territory, the supervison shall, if in his opinion it is practicable so to do,
cause an estimate to be prepared— (a)
of the value of
those assets; (b)
of the amount of
any liabilities of the business to creditors whether secured or unsecured, who
are enemies; (c)
of the amount of
the claims of persons who are enemies to participate, otherwise than as
creditors of the business, in any distribution of assets of the business made
while an order under sub-rule (2) is in force as respects the business; and
where such an estimate is made, the said liabilities and claims shall, for the
purposes of this rule, be deemed to have been satisfied out of the said assets
of the business in enemy territory, or to have been satisfied there out so far
as those assets will go, and only the balance (if any) shall rank for
satisfaction out of the other assets of the business: Provided
that where the rights of any creditor of, or other person interested in, the
business are vested in the Custodian of Enemy Property, nothing in this
sub-rule shall affect the rights of the custodian against the assets of the
business in India unless such rights have been disclaimed by him. (6)
Where an estimate
has been prepared under sub-rule (5), a certificate of the Supervisor as to the
value or amount of any assets, claims or liabilities to which the estimate
relates shall be conclusive for the purpose of determining the amount of the
assets of the business available for discharging the other liabilities of the
business and for distribution amongst other persons claiming to be interested
in the business: Provided
that nothing in this sub-rule shall affect the rights of creditors of, and
other persons interested in, the business against the assets of the business in
enemy territory. (7)
The Central
Government may, on an application made by a Supervisor appointed under this
rule, after considering the application and any objections. which may be made
by any person who appears to the Central Government to be interested, by order
grant the supervisor a release and an order of the Central Government under
this sub-rule shall discharge the Supervisor from all liability in respect of any
act done or default made by him in the exercise and performance of his powers
and duties as supervisor, but any such order may be revoked by the Central
Government on proof that it was obtained by fraud or by suppression or
concealment of any material fact. (8)
Where an order
under sub-rule (2) has been made as respects a business carried on by any
individuals or by a company, no insolvency petition against the individuals, or
petition for the winding up of the company, shall be presented, or resolution
for the winding up of the company passed, or steps for the enforcement of the
rights of any creditors of the individuals or company taken, without the
consent of the Central Government, but where the business is carried on by a
company, the Central Government may present a petition for the winding up of
the company by the court, and the making of an order under sub-rule (2) shall
be a ground on which the company may be wound up by the court. (9)
Where an order is
made under this rule appointing a Supervisor, for any business, any
remuneration of, and any costs, charges and expenses incurred by, the
Supervisor, and any other costs, charges and expenses incurred in connection
with the control and supervision of the carrying out of the order, shall, to
such amount as may be certified by the Central Government, be defrayed out of
the assets of the business, and as from the date of the certificate, be charged
on those assets in priority to any other charges thereon. (10)
If any person
contravenes the provisions of any order made under sub- rule (2), he shall be
punishable with imprisonment for a term which may extend to five years, or with
fine, or both.] Part XV MISCELLANEOUS
PROVISIONS (1)
The competent
authority may, by order in writing require the owner of any warehouse or cold
storage depot or of any premises capable of being used for storage purposes
(not being premises used for residential purposes), to place at his disposal
the whole or any part of the space or accommodation available in such warehouse
or cold storage depot or premises and to employ such space or accommodation for
the storage of any articles or things specified in the order; and such an order
may require the said owner or person to afford such facilities, and maintain
such services, in respect of the storage of such articles or things, as may be
specified. (2)
Whenever in
pursuance of an order made under sub-rule (1) any space or accommodation in a
warehouse or cold storage depot or premises is placed at the disposal of the
competent authority the owner of such warehouse, cold storage depot or premises
shall be paid therefor at such rates as the competent authority may, by order
made in this behalf, determine, having regard to the usual rates paid for like
space or accommodation by the competent authority or by any other person ‘or
similar space or accommodation during the twelve months immediately preceding
the date of Proclamation of Emergency. [32][(3)
The Central Government or the State Government may, with a view to obtaining
any space or accommodation under sub-rule (1) or to determining the
compensation payable therefor, by order require any person to furnish to such
authority as may be specified in the order such information in his possession
as may be so specified. (4) If any
person contravenes any order made in pursuance of this rule, he shall be
punishable with imprisonment for a term which may extend to six months, or with
fine, or with both. (5) In this
rule “competent authority” means the Central Government or the State Government
or any person appointed by the Central Government or the State Government to
exercise the powers of competent authority under this rule.] (1)
Where the Central
Government is of opinion that any public premises [as defined in the Public
Premises (Eviction of Unauthorised Occupants) Act, 1958] are required for any
purpose connected with the defence of India and civil defence, the public
safety or interest, the efficient conduct of military operations or the
maintenance of supplies and services essential to the life of the community,
and the Central Government is satisfied that such premises are in unauthorised
occupation as defined in that Act, the Central Government may, after recording
the reasons for such satisfaction, make an order of eviction directing that the
public premises shall be vacated by all persons who may be in occupation
thereof or of any part thereof within such period as may be specified in the
order. (2)
If any person
refuses or fails to comply with the order of eviction within the period
specified therein, any officer authorised by the Central Government in this
behalf (hereafter in this rule referred to as the authorised officer) may evict
that person from, and take possession of, the public premises and may for that
purpose use such force as may be necessary. (3)
If any obstruction
is offered or, in the opinion of the authorised officer, is likely to be
offered, to the taking possession of the public premises, the authorised
officer may obtain necessary police assistance. (4)
Where any public
premises of which possession is to be taken over is found locked or bolted from
inside, the authorised officer may, in the presence of two witnesses, break open
the lock or open or cause to be opened any door, gate or other barrier and
enter the premises: Provided
that— (i)
as far as possible
no entry shall be made into, or no possession shall be taken of, a public
premises before sunrise or after sunset; (ii)
where any public
premises are forced open, an inventory of the property and articles found in
the premises shall be made in the presence of two witnesses and after giving
not less than three days notice to the persons from whom possession of the
public premises has been taken to remove the property and articles, the
authorised officer may remove or cause to be removed or dispose of by public
auction any property or articles remaining in ouch premises; and the sale
proceeds, if any, shall, after deducting the expenses of the sale and the
amount, if any, due to the Central Government on account of arrears of rent and
damages, be deposited in the principal civil court of original jurisdiction in
the district in which the premises are situated, for payment to such person or
persons as are entitled to receive the same. (5)
If any person does
not vacate the public premises in compliance with an order made under sub-rule
(1), such person shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both. (6)
Where any person
in unauthorised occupation of any public premises has been evicted under this
rule, then, without prejudice to any other law for the time being in force,
damages may be recovered from that person for such unauthorised occupation in
accordance with the provisions of the Public Premises (Eviction of Unauthorised
Occupants) Act, 1958.][33] (1)
If any person
finds any article as to which he has reasonable cause to believe that it has
been lost or abandoned, and that, prior to its loss or abandonment, it was used
or intended to be used for the purposes of any armed force or was in the
possession of a person who was serving with an armed force, the person so finding
the article— (a)
shall report the
nature and situation thereof, or, if the article is a document, cause it to be
delivered, to some member of the Armed forces of the Union on duty in the
neighbourhood or to the officer in charge of a police station in the
neighbourhood; or if the article found outside India, shall take such steps as
are practicable to secure that the nature and situation thereof are reported,
or, if the article is a document, that it is delivered as soon as may be, to
some person in Government service; and (b)
shall not, save as
aforesaid, remove or tamper with the article except with the permission of the
Central Government. (2)
The Central
Government may by notified order direct that the obligations and restrictions
imposed by sub-rule (1) shall not apply in relation to any such description of
articles as may be specified therein or as may be specified by a prescribed
authority or person. (3)
If any person
contravenes any of the provisions of sub-rule (1), he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. Nothing
contained in these Rules shall affect the privileges and immunities of
diplomatic missions in India in respect of— (i)
the premises of
such missions and the residences of diplomatic agents; (ii)
the inviolability
of diplomatic bags and pouches and in general the right of free communication
on the part of diplomatic missions with their sending Governments including the
use of diplomatic couriers and messages in code or cypher; (iii)
facilities in
regard to the use of transmitters where such facilities have been extended by
the Government of India. (1)
Without prejudice
to any special provisions contained in these Rules, the Central Government or
the State Government may by order require any person to furnish or produce to
any specified authority or person any such information or article in his
possession as may be specified in the order being information or an article
which that Government considers it necessary or expedient in the interests of
the defence of India and civil defence, the efficient conduct of military
operations, or the public safety or interest to obtain or examine. (2)
Any officer of
Government authorised in this behalf by general or special order of the Central
Government may by order require any importer or exporter or any person dealing
in, or having charge or control of, imported goods or goods to be exported, to
furnish information relating to such goods or their import or export. (3)
If any person
fails to furnish or produce any information or article in compliance with an
order made under sub-rule (1) or sub-rule (2) he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (4)
In this rule,— (a)
“import” means
bringing into India by sea, land or air; (b)
“export” means
taking out of India by sea, land or air. If
any personal— (i)
when required by
or under any of these Rules to make any statement or furnish any information,
makes any statement or furnishes any information which he knows or has
reasonable cause to believe to be false, or not true, in any material
particular, or (ii)
makes any such
statement as aforesaid in any account, declaration, estimate, return or other
document which he is required by or under any of these Rules to furnish, he
shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both. (1)
Where any person
is required by or under any of these Rules of make any statement or furnish any
information to any authority, that authority may by order, with a view to
verifying the statement made or the information furnished by such person,
further require him to produce any books, accounts or other documents relating
thereto which may be in his possession or under his control. (2)
If any person
fails to produce any books, accounts or other documents in compliance with an
order made under sub-rule (1), he shall be punishable with imprisonment for a
term which may extend to three years, or with fine, or with both. (1)
No person who
obtains any information by virtue of these Rules shall, otherwise than in
connection with the execution of the provisions of these Rules or of any order
made in pursuance thereof, disclose that information to any other person except
with permission granted by or on behalf of Government. (2)
If any person
contravenes the provisions of sub-rule (1), he shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with
both. (1)
Save as otherwise
expressly provided in these Rules, every authority, officer or person who makes
any order in writing in pursuance of any of these Rules shall, in the case of
an order of a general nature or affecting a class of persons, publish notice of
such order in such manner as may, in the opinion of such authority, officer or
person, be best adapted for informing persons whom the order concerns in the
case of an order affecting an individual corporation or film serve or cause the
order to be served in the manner for the service of a summons in Rule 2 of
Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule to
the Code of Civil Procedure, 1908 (5 of 1908) and in the case of an order
affecting an individual person (not being a corporation or firm) serve or cause
the order to be served on that person:— (i)
personally, by
delivering or tendering to him the order, or (ii)
by post, or (iii)
where the person
cannot be found, by leaving, an authentic copy of the order with some adult
male member of his family or by affixing such copy to some conspicuous part of
the premises in which he is known to have last resided or carried on business
or personally worked for gain and thereupon the persons, corporation, firm or
person concerned shall be deemed to have been duly informed of the order. (2)
If in the course
of any judicial proceedings a question arises whether a person was duly
informed of an order made in pursuance of these Rules, compliance with sub-rule
(1), or where the order was notified, the notification of the order, shall be
conclusive proof that he was so informed, but a failure to comply with sub-rule
(1)— (i)
shall not preclude
proof by other means that he had information of the order; (ii)
shall not affect
the validity of the order. (3)
Any police officer,
and any other person authorised by Government in this behalf may, for any
purpose connected with the defence of India and civil defence, the public
safety, the maintenance of public order, the efficient conduct of military
operations, maintaining supplies and services essential to the life of the
community or the administration of these rules affix any notice to, or cause
any notice to be displayed on, any premises, vehicle or vessel, and may for the
purpose of exercising the power conferred by this rule enter any premises,
vehicle or vessel at any time. (4)
Any person
authorised by Government in this behalf may, for any purpose mentioned in
sub-rule (3), by order direct the owner or other person in possession or
control of any premises, vehicle or vessel to display any notice on or in the
premises, vehicle or vessel in such manner as may be specified in the order. (5)
If any person
without lawful authority removes, alters, defaces, obliterates or in any way
tempers with any notice affixed or displayed in pursuance of these Rules, or
contravenes any order under sub-rule (4), he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both. If
any person voluntarily obstructs, or offers any resistance to, or impedes or
otherwise interferes with,— (a)
any member of the
Armed forces of the union acting in the course of his duty as such, or (b)
any authority,
officer or person exercising any powers, or performing any duties, conferred or
imposed upon it or him by or in pursuance of these Rules, or otherwise
discharging any lawful functions in connection with the defence of India, civil
defence and the efficient conduct of military operations, or (c)
any person who is
carrying out the orders of any such authority, officer or person as aforesaid
or who is otherwise acting in accordance with his duty in pursuance of these
Rules, he
shall be punishable with imprisonment for a term which may extend to two years,
or with fine, or with both. (1)
The appropriate
Government may by order require any person in the service of the Government
(other than persons who, not being citizens of India, are in the service of the
Government outside India) to serve in any post under that Government or under
any other Government in India and at any place either in India or abroad and
every such person shall comply with such order. (2)
If any person
contravenes any order made under this rule, he shall be punishable, without
prejudice to any action that may be taken against him under any other law for
the time being in force, with imprisonment for a term which may extend to one
year, or with fine, or with both. (3)
In this rule “the
appropriate Government” means in relation to persons for the time being serving
in connection with the affairs of the Union, the Central Government and in
relation to persons serving in connection with the affairs of a State, the Government
of that State.][34]
(1)
The Central
Government or the State Government may, if it considers it necessary or
expedient so to do for securing the defence of India and civil defence, the
public safety or the maintenance of public order, or for maintaining supplies
and services essential to the life of the community, by general or special
order require any person or class of persons in the civil service of the
Government to perform such civil duties within the station in which such person
or persons are for the time being serving as may be specified in the order. (2)
Any person to whom
an order made under sub-rule (1) applies shall, notwithstanding that he
subsequently ceases to be in the civil service of the Government continue to
perform the duties imposed on him by the order until he is relieved therefrom
by competent authority. (3)
If any person
contravenes the provisions of any order made under this rule, he shall be
punishable with imprisonment for a term which may extend to one year, or with
fine, or with both. Part XVI SUPPLEMENTARY
AND PROCEDURAL Any
person who attempts to contravene, or abets, or attempts to abet, or does any
act preparatory to, a contravention of, any of the provisions of these Rules or
of any order made thereunder, shall be deemed to have contravened that
provision or, as the case may be, that order. (1)
Where an offence
against the provisions of these Rules, or of any order made thereunder, has
been committed by a company, every person who at the time the offence was
committed was in charge of, and was responsible to, the company for the conduct
of the business of the company as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly: Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence. (2)
Notwithstanding
anything contained in sub-section (1), where any such offence has been
committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to, any neglect on the
part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For
the purposes of this rule— (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. Any
person who, knowing or having reasonable cause to believe that any other person
has contravened any of the provisions of these Rules or of any order made
thereunder, gives that other person any assistance with intent thereby to
prevent, hinder or otherwise interfere with his arrest, trial or punishment for
the said contravention, shall be deemed to have abetted that contravention. Where
any person is prosecuted for contravening any of these Rules or order made the
under which prohibits him from doing an act or being in possession of a thing
without lawful authority or excuse or without a permit, licence, certificate or
permission, the burden of proving that he had such authority or excuse or, as
the case may be, the requisite permit, licence, certificate or permission,
shall be on him. (1)
If a District
Magistrate, Sub-Divisional Magistrate, Presidency Magistrate or Magistrate of
the first class has reason to believe that a contravention of any of these
Rules or an offence prejudicial to the efficient conduct of military
operations, to the defence of India civil defence, or to the public safety, has
been, is being or is about to be committed in any place, he may by warrant
authorise any police officer above the rank or constable— (a)
to enter and
search the place in the manner specified in the warrant; and (b)
to seize anything
found in or on such place which the police officer has reason to believe has
been, is being or is intended to be used, for the purposes of or in connection
with, any such contravention or offence as aforesaid; and the
provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far
as they may be applicable, apply to any such search or seizure, as they apply,
to any search or seizure made under the authority of a warrant issued under
Section 98 of that Code. (2)
Any Magistrate
before whom anything seized under sub-rule (1) is conveyed shall forthwith
report the fact of such seizure to the State Government and pending the receipt
of its orders may detain in custody anything so seized or take such other order
for its safe custody as he may think proper. (3)
Anything seized
under sub-rule (1) shall be disposed of in such manner as the State Government
may direct. (4)
In this rule, and
in Rule 150, “place” includes a house, building, tent, vehicle and aircraft. (1)
Any officer of the
Armed forces of the union engaged in the defence of the coast or any person on
authorised in this behalf by such officer may stop and search any vessel found
within tidal waters or the territorial waters adjacent to India and seize
anything in such vessel which he has reason to believe has been is being or is
about to be, used for any purpose prejudicial to the defence of India and civil
defence or to the effluent conduct of military operations. (2)
Any officer or
person who makes or causes to be made any seizure in pursuance of the
provisions of sub-rule (1) shall forthwith report the fact of such seizure to
the Central Government and, pending the receipt of the orders of the Central
Government, may detain in custody anything so seized or take such other order
for its safe custody as he may think proper. (3)
Anything seized in
pursuance of the provisions of sub-rule (1) shall be disposed of in such manner
as the Central Government may direct. (4)
Nothing in this
rule shall apply to any visit, search, detention or capture made in the
exercise or any right under international law, or direct any law relating to
Prize of Prize Courts. (1)
The Central
Government or the State Government may by general or special order empower any
person to— (a)
stop and search
any vessel found in inland water-ways or any vehicle or animal as defined in
sub-rule (1) of Rule 131; (b)
search any place
(Including any vessel wherever found) and seize any thing found on search under
this sub-rule (including a vessel, vehicle or animal) which he has reason to
believe has been, is being or is about to be, used for any purpose prejudicial
to the efficient conduct or military operations, to the defence of India and
civil defence, or to the public safety proper. (2)
Any person
empowered under sub-rule (1) shall forthwith report to the State Government in
detail any seizure made by him and, pending the receipt of its orders, may
certain in custody anything so seized or take such other order for its safe
custody as he may think proper. (3)
Anything seized by
a person empowered under sub-rule (1) shall be disposed or in such manner as
the State Government may direct. (4)
A person empowered
by the Central Government or the State Government under sub-rule (1) may
authorise any other person to exercise like powers to his own in the whole or
any part of the area in respect of which the Government has empowered him. Any
member of the Armed forces of the Union acting in the course of his duty as
such, and any person authorised by the Central Government or the State
Government, to act under this rule,— (a)
may enter on any
land for the purpose of exercising any of the powers conferred in relation to
that land by any of these Rules; (b)
may enter and
inspect any land for the purpose of determining whether, and, if so, in what
manner, any of those powers are to be exercised in relation to that land; (c)
may, for any
purpose connected with the defence of India and civil defence, the public
safety, the efficient conduct of military operations, or the maintenance of
supplies and services essential to the life of the community, pass (with or
without animals or vehicles) over any land. Any
police officer may arrest without warrant any person who is reasonably
suspected of having committed or of committing or of being about to commit a
contravention of Rules 13, [35][19,
26], 31, 57, 64, 65, 66, 78, 80, 85, 88, 121, 122, 129, 131, 134, [36][140,
141] or 142 or of any order or direction made or given under any of the said
rules. Notwithstanding
anything contained in Section 5-A of the Prevention of Corruption Act, 1947 (2
of 1947), any police officer (including an officer belonging to the Delhi
Special Police Establishment), not below the rank of an Inspector, shall be
competent to investigate any offence specified in that section, if such offence
is committed in connection with any alleged contravention of any of these rules
or any order or direction made or given thereunder.][37] (1)
Any police officer
may arrest without warrant any person whom he reasonably suspects of being an
escaped prisoner. (2)
Where any person
is arrested under sub-rule (1), the District Superintendent, or in a
Presidency-town the Commissioner of Police shall, in consultation with the
officer in charge of the nearest camp for the detention of the prisoners,— (a)
take such steps as
may be necessary to establish the identity of the arrested person; (b)
upon his being
found to be an escaped prisoner, arrange to hand him over to a military guard
for being taken to the said camp; and (c)
pending such
arrangement, detain him in such custody as may appear expedient. (3)
The provisions of
the Code of Criminal Procedure 1898 (5 of 1898), shall not apply in relation to
any arrest made under sub-rule (1). (1)
No Court or
Tribunal shall take cognizance of any alleged contravention of these Rules, or
of any order made thereunder, except on a report in writing of the facts
constituting such contravention, made by a police servant. (2)
Proceedings in
respect of a contravention of the provision of these Rules of or any order made
thereunder alleged to have been committed by any person may be taken before the
appropriate Court having jurisdiction in the place where that person is for the
time being. (3)
Notwithstanding
anything contained in Schedule II to the Code of Criminal Procedure, 1898 (5 of
1898), a contravention of any of the following rules, namely [38][9,
36, 133-B and 133-J], shall be triable by a Court of Session, a Presidency
Magistrate or a Magistrate of the first class and a contravention of any order
made under Rule 83, or under sub-rule (2) of Rule 125 shall be triable by a
Court of Session, Presidency Magistrate or a Magistrate of the first or second
class. (4)
Any Magistrate or
bench of Magistrates empowered for the time being to try in a summary way, the
offences specified in sub-section (1) or Section 260 of the Code of Criminal
Procedure, 1898 (5 of 1898), may if such magistrate or bench of magistrates
thinks fit, on application in this behalf being made by the prosecution, try a
contravention of any such provisions of these Rules or orders made thereunder
as the Central Government may by notified order specify in this behalf in
accordance with the provisions contained in Sections 262 to 265 of the said
Code. Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), no
person accused or convicted of a contravention of these Rules or orders made
thereunder shall, if in custody, be released on bail or on his own bond unless— (a)
the prosecution
has been given an opportunity to oppose the application for such release, and (b)
where the
prosecution opposes the application and the contravention is of any such
provision of these Rules or orders made thereunder as the Central Government or
the State Government may by notified order specify in this behalf, the Court is
satisfied that there are reasonable grounds for believing that he is not guilty
of such contravention. (1)
Any authority,
officer or person who is empowered by or in pursuance of the defence of India
Ordinance, 1962, or any of these Rules to make any order, or to exercise any
other power may, in addition to any other action prescribed by or under these
Rules, take, or cause to be taken, such steps and use, or cause to be used,
such force as may, in the opinion of such authority, officer or person, be
reasonably necessary for securing compliance with, or for preventing or
rectifying any contravention of, such order, or for the effective exercise of
such power. (2)
Where in respect
of any of the provisions of these Rules there is no authority, officer or
person empowered to take action under sub-rule (1), the Central or the State
Government may take, or cause to be taken, such steps and use, or cause to be
used, such force as may in the opinion of that Government be reasonably
necessary for securing compliance with, or preventing or rectifying any breach
of, such provision. (3)
For the avoidance
of doubt, it is hereby declared that the power to take steps under sub-rule (1)
or under sub-rule (2) includes the power to enter upon any land or other
property whatsoever. [1] Ministry
of Home Affairs, Noti. No. G.S.R. 1465, dated November 5, 1962, published in
the Gazette of India, Extra., Part II, Section 3(i), dated 5th November, 1962,
pp. 577-642, No. 108 [2] Omitted by
G.S.R. 1813, dt. 28-12-1962. Prior to omission it read as: ‘(1) “enemy” means any person or country committing
external aggression against India;’ [3] Omitted by
G.S.R. 1813, dt. 28-12-1962. Prior to omission it read as: ‘(2) “enemy territory” means— (a) any area which is under the sovereignty of, or
administered by, or for the time being in the occupation of, a country
committing external aggression against India and a country assisting the
country committing such aggression: (b) any area which may be notified by the Central
Government to be enemy territory for the purposes of these Rules or such of
them as may be specified in the notification;’ [4] Subs. for
“maintenance of peaceful conditions in any part of India or the efficient
conduct of military operations” by G.S.R. 1813, dt. 28-12-1962. [5] Ins. by
G.S.R. 1813, 28-12-1962. [6] Subs. for
“order made under this rule” by G.S.R. 1813, dt. 28-12-1962. [7] Ins. by
G.S.R. 1813, 28-12-1962. [8] Subs. for
“confidential document” by G.S.R. 1813, dt. 28-12-1962. [9] Ins. by
G.S.R. 1813, dt. 28-12-1962. [10] Subs. for
“use of” by G.S.R. 1813, dt. 28-12-1962. [11] Ins. by
G.S.R. 1813, dt. 28-12-1962. [12] Ins. by
G.S.R. 1813, dt. 28-12-1962. [13] Ins. by
G.S.R. 1813, dt. 28-12-1962. [14] Subs. for
“acts” by G.S.R. 1813, dt. 28-12-1962. [15] Ins. by
G.S.R. 1813, dt. 28-12-1962. [16] Subs. for
“Sections 388 and 389” by G.S.R. 1813, dt. 28-12-1962. [17] Ins. by
G.S.R. 1813, dt. 28-12-1962. [18] Ins. by
G.S.R. 1593, dt. 24-11-1962. [19] Ins. by
G.S.R. 1813, dt. 28-12-1962. [20] Subs. by
G.S.R. 1593, dt. 24-11-1962. Prior to substitution it read as: “(iii) an amount for the loss of the use of the property
or of any profits that might have been earned but for the requisition, at such
percentage of the cost referred to in (i) above reduced by depreciation as in
(ii) above, not being less than 3 per cent per annum, as may be prescribed by
the Government in a general or special order with such conditions as the
Government may think fit; and” [21] Ins. by
G.S.R. 1813, dt. 28-12-1962. [22] Ins. by
G.S.R. 1813, dt. 28-12-1962. [23] Omitted by
G.S.R. 1593, dt. 24-11-1962. Prior to omission it read as: “Provided also that the compensation payable under this
rule shall not exceed the maximum price of the property fixed by order under
any law for the time being in force.” [24] Ins. by
G.S.R. 1813, dt. 28-12-1962. [25] Ins. by G.S.R.
1813, dt. 28-12-1962. [26] Ins. by
G.S.R. 1813, dt. 28-12-1962. [27] Ins. by
G.S.R. 1813, dt. 28-12-1962. [28] Subs. by
G.S.R. 1813, dt. 28-12-1962. Prior to substitution it read as: “(9) If any person contravenes any order made under this
rule, he shall be punishable with imprisonment for a term which may extend to
three years, or with fine, or with both and, if the order so provides any court
trying such contravention may direct that any property in respect of which the
Court is satisfied that the Order has been contravened shall be forfeited to
Government.” [29] Ins. by
G.S.R. 1813, dt. 28-12-1962. [30] Ins. by
G.S.R. 1813, dt. 28-12-1962. [31] Ins. by
G.S.R. 1593, dt. 24-11-1962. [32] Ins. by
G.S.R. 1813, dt. 28-12-1962. [33] Ins. by
G.S.R. 1813, dt. 28-12-1962. [34] Ins. by
G.S.R. 1813, dt. 28-12-1962. [35] Subs. for
“19” by G.S.R. 1813, dt. 28-12-1962. [36] Subs. for
“140” by G.S.R. 1813, dt. 28-12-1962. [37] Ins. by
G.S.R. 1813, dt. 28-12-1962. [38] Subs. for
“9 and 36” by G.S.R. 1593, dt. 24-11-1962.Defence of India
Rules, 1962