[Defence of India
Rules, 1971][1] [5th
December, 1971] In
exercise of the powers conferred by Section 3 of the Defence of India Act, 1971
(42 of 1971) and all other powers enabling the Central Government this behalf,
the Central Government hereby makes the following rules, namely. PART I PRELIMINARY (1)
These Rules may be
called the Defence of India Rules,
1971. (2)
They shall come
into force at once. In
these Rules, unless the context otherwise requires, (1)
“Act” means the
Defence of India Act, 1971 (42 of 1971); (2)
“notified” and
“notification” mean notified and notification respectively in the Official
Gazette; (3)
“prescribed” means
prescribed by any order, or direction made or given in pursuance of any of
these Rules; (4)
“prisoner” means
any person centered in the course of military operations; (5)
“prohibited place”
means a prohibited place as defined in clause (8) of Section 2 of the Official
Secrets Act, 1923 (19 of 1923), (6)
“protected place”
means a place declared under Rule 8 to be a protected place; (7)
“protected area”
means an area declared under Rule 9 to be a protected area; (8)
“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. (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. Notwithstanding
anything contained in these Rules. (a)
no power conferred
or duty imposed upon the State Government by such of the provisions of these
Rules as may be specified by the Central Government by notified order shall,
with effect from such date as may be specified in the order, be exercised or
discharged by any State Government specified in the order or by any office
authority authorised is that behalf by that State Government, except with the
previous approval of the Central Government; (b)
the Central Government
may, by notified order, direct that in such area or areas and with effect from
such date or dates as may be specified therein, no action in relation to any
alleged contravention of such provisions of these Rules (including orders made
there under) as may be specified in that order shall be taken by the State
Government concerned or any officer or authority subordinate to that State
Government except with the previous sanction of the Central Government; (c)
the Central
Government may, by notified order, issue directions to a State Government that
in the case of such provisions of these Rules as may be specified therein, no
action taken or thing done under those provisions before such date as may be
specified in that order shall be continued except in accordance with such
instructions as the Central Government may give to the State Government in this
behalf. 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, (i)
In relation to
such provision as relates to himself, or (ii)
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 he 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 or 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 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. 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 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 7 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 or 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 therefrom 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 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 12 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
OR 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 life, 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 body 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 as 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 15. (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 Government 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 of 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 1n
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 of 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 connection 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 the subscriber 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 connection 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 any 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, or with fine, or with
both, (1)
For the purposes
of this rule and of Rule 24, 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 despatch 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 11 of the Customs Act, 1962 (52 of 1962) and all the provisions of that
Act shall have effect accordingly: Provided
that where in respect of any contravention of this rule the Assistant Collector
of Customs 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 Collector of Customs or any subordinate officer of customs by
the Customs Act, 1962 (52 of 1962). PART IV RESTRICTION
ON MOVEMENT 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)
No person who has
voluntarily migrated to an enemy territory or occupied territory, shall enter
India, or, as the case may be, any part of India, except with the prior
permission of the Central Government or such other authority as the Central
Government may, by notification, specify in this behalf. (2)
For the purpose of
granting permission under sub-rule (1), the Central Government or the authority
specified by the Central Government may take into consideration the
circumstances under which such person had migrated to an enemy territory or
occupied territory and such other cause as may be shown by such person. (3)
For the purposes
of this rule, a person who moves into (a)
an enemy territory
without obtaining a passport under the Passports Act, 1967 (15 of 1967) or
without any other lawful authority, or (b)
an occupied
territory without lawful authority, shall be presumed to have voluntarily
migrated to an enemy territory or occupied territory, as the case may be. (4)
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 Passport (Entry into
India) 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 Passport (Entry into India) 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
which may extend 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 long 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 by 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, as the case may be, the State Government may, by order, direct
that any person in respect of whom a detention order has been made by that
Government under the Maintenance of Internal Security Act, 1971 (26 of 1971),
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 persons 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, (a)
(i) that it is subject to foreign
influence or control, or (ii) 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 any
external aggression against India or have been conspiring to assist any such
State, and that, in either case, 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; or (b)
that it indulges,
or the members thereof or the persons in control thereof indulge, in activities
prejudicial to the security of India or any part of the territory thereof, 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 that 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
defined 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 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, (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
OF PREJUDICIAL ACTS AND CONTROL OF INFORMATION In
this Part, unless the context otherwise requires, (1)
“cinematograph
film” includes a sound track, tale film 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” 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 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” 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” with 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)
“information
likely to assist the 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,
design, manufacture, quantity, supply, description, condition, disposition,
movement, storage, repair, testing, trial or 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 services 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”
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 Corps constituted under Section 4 of
the Civil Defence Act, 1968 (27 of 1968) 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 to wards 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 incite, 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 118 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 indirectly 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 Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 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” 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; (8)
“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” 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, scientific equipment, apparatus or other property used, or
intended to be used, for the purposes of Government, any local authority or any
corporation owned or controlled by Government; (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 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 person
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, ha 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) of Rule 37. (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. (1)
No person shall,
without lawful authority or excuse, (a)
do any prejudicial
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 or any prejudicial report is published shall each be
deemed to have traveled this rule. (5)
If any person
contravenes any of the provisions of this rule shall be punishable with
imprisonment for a term which may extent 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 Act
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 Act
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 pre
judicial 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 supersession, 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 apply such law exercised or performed on behalf of the local authority
by any other person or 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
is 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 information; or (b)
any document
containing any prejudicial report; or (c)
any unauthorised
cinematograph film of the nature described in sub-rule (3) of Rule 43. (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 Act 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 Act 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
publication, printing, sale or distribution of such or similar document or any
extract therefrom or of any translation thereof, and the repetition of such
publication, printing, sale or distribution; (e)
declare such
document and every copy or translation thereof or extract therefrom, to be
forfeited to Government; (f)
direct the editor
or publisher of such document, or 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 person from whom security is demanded 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 editor or publisher thereafter makes or publishes such document, or if the
press or premises are thereafter used for the purpose of printing or publishing
such document; (h)
where such
security has not been deposited by the keeper of the press 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 whereon 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)
In this rule,
“Controller” means the Controller of Patents and Designs appointed under the
Indian Patents and Designs Act, 1911 (2 of 1911). (2)
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 operation or the
maintenance of supplies and services essential to the life of the community so
to do, the Central Government may, notwithstanding anything contained in the
Indian Patents and Designs Act, 1911 (2 of 1911), direct the Controller, with
respect to any applications for the grant of patents for inventions of such
nature as may be specified in the direction, to abstain from doing, or delay
the doing of, anything which he would otherwise be required to do in relation
to such applications and the Controller shall comply with such direction. (3)
Notwithstanding
anything contained in the Indian Patents and Designs Act, 1911 (2 of 1911), the
Controller may, subject to such conditions, if any, as he thinks fit, extend
the time for doing anything required to be done by or under that Act in
relation to any application for the grant of patent in respect of which the Central
Government has given any direction to the Controller under sub-rule (2),
whether or not such time has previously expired, (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 haltered 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 a 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 of the provisions of this rule or any order made there under 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. (i)
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 (ii)
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)
If the Central
Government is of opinion that 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, it
may, by order, declare any information in respect of any undertaking or class
of undertakings specified therein as “restricted information” for the purposes
of this rule. (2)
No person or
authority whatsoever (including Government) shall publish, or cause or allow to
be published, any restricted information, or any document containing such
information, or any copy of such document or extract therefrom: Provided
that the Central Government may, at any time publish, or cause or allow to be
published, the restricted information, or any such document, copy or extract as
aforesaid, to such extent as it may deem fit if in its opinion such publication
is not likely to affect prejudicially any of the purposes specified in sub-rule
(1). (3)
If any restricted
information is required, by or under any law for the time being in force, to be
published or disclosed, such requirement shall be deemed to have been complied
with on the person or authority concerned producing or laying a copy of the
order under sub-rule (1) before the person or authority to whom such
publication or disclosure is to be made. (4)
Nothing contained
in the foregoing provisions of this rule shall, unless the Central Government
by general or special order otherwise directs, be deemed. (a)
to relieve any
person carrying on an undertaking to which an order under sub-rule (1) applies
from any obligation to furnish to Government or to any Government authority the
restricted information, or any document containing such information, or any
copy of such document, or extract therefrom; (b)
to prohibit the
publication of the restricted information, or any such document, copy or
extract as aforesaid, to (i)
Government; (ii)
any Government
authority or local authority; (iii)
the members of a
local authority where the undertaking is carried on by the local authority; (iv)
the directors 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 authorities (including courts and tribunals) and on such conditions, or in
such circumstances as may be specified by the Central Government. (5)
Where publication
is made under the provisions of sub-rule (4) to the members of a local
authority or to the directors of a company, such publication shall be made only
if the restricted information, document, copy or extract is clearly marked with
a statement that it is confidential and not to be published to any person other
than another member of the local authority or another director. (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 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, licence, 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,
tamper 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 as 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 VI PREPARATIONS
FOR DEFENCE (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 persons
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, air-space, 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 (9 of
1890), the Indian Telegraph Act, 1885 (13 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 (5
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 59. 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 to 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 Monoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of
1938): Provided
that in applying the provisions of Section 6 of the said Act to any such case,
the words “to accompany the forces engaged in the manoeuvres” 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,
air-space, 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 into 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 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 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
of Companies 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 and thereupon that place shall be deemed to be the registered
office of the company within the meaning of Section 146 of the Companies Act,
1956 (1 of 1956): 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 of Companies. (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 person
contravenes any order made under this rule, he shall the 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 power's 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, aircraft,
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 he 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 is 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 the 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), or
of the Petroleum Act, 1934 (30 of 1934), apply or may be applied, by order make
provisions 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)
“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. (b)
“industrial
dispute” means an industrial dispute as denned in the Industrial Disputes Act,
1947 (14 of 1947). (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), insofar 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 with in 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. 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 be 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 may 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 and
qualifications of operators and watchers to be carried 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 aforesaid, 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 shall 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 seeming 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 beach 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 which 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, (a)
“Act” means the
Merchant Shipping Act, 1958 (44 of 1958); (b)
“assigning
authority” has the same meaning as in the load line rules; (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 ay 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 line) 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 as 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 included 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, 1966, 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 (i) of clause (b)
thereof, namely. “(i)
In the 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 provisions 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 officer 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 or
aircraft 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 of service as the competent
authority may direct. (4)
If any person
contravenes any direction given under this rule, he shall be punishable with
imprisonment for a term 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 a 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 or of any vessel registered in India,
being a person resident in India, or 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 restricting
the charter 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. (i)
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 (ii)
as regards any
particular vessel at any port or place in India, that the vessel shall not
leave that port or place, except with the 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 in five years, or with line, 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. (2)
Any transaction
effected in contravention of the provisions of sub-rule (1) shall be void and
unenforceable. (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 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), or of any order made
under Rule 94 of these Rules 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 is the 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 the rule is to be exercised; (ii)
require any
aircraft or class of aircraft to be placed at the disposal of any authority
specified therein. (1)
Notwithstanding
anything contained in the Aircraft Act, 1934 (22 of 1934), or in any rules,
notifications or orders made there under, the Chief of the Air Staff or any
officer authorised by him in this behalf, may, by order, (i)
specify the air
routes by which and the conditions under which aircraft may enter or leave
India, or may fly over India, and the places at which aircraft shall land; (ii)
prohibit the
flight of aircraft over such areas and subject to such conditions and
exceptions, if any, as may be specified in the order; (iii)
prohibit or
regulate the carriage in aircraft of any such articles or substances as may be
specified in the order; (iv)
lay down the
conditions under which aircraft may be flown or may carry passengers or mails
or goods or any or all of them; (v)
provide for the
inspection and regulation of aerodromes, the conditions under which aerodromes
may be maintained and the prohibition or regulation of the use of aerodromes; (vi)
provide for the
supervision and control of air route beacons, aerodrome lights, lights at or in
the neighbourhood of aerodromes and lights on or in the neighbourhood of air
routes; (vii)
provide for the
removal of goods from any aircraft for examination; (viii)
authorise any
Commissioned Officer of the Armed Forces of the Union to enter, inspect and
search any place or aircraft for the purpose of discharging his functions under
any of these rules or any order made thereunder or securing compliance with any
such rule or 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. (1)
The Central
Government may, by order, make provision as to the places in India in or to
which seaplanes may be or may go, and generally for regulating the movements,
navigation, pilotage, 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,
unless the context otherwise requires, (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
served 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 97 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
inquiry, 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 97, 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 served 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 three per cent, or above six per cent, 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 has 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 rate not exceeding thirty per cent, per annum and in a manner
that may be prescribed by the Government by a general or special order for any
class of property; (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 three 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 as 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 in Rule 101: 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 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 thirty per cent, 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 date of Proclamation of Emergency: 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 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 Central Government or State Government after giving to the
owner a reasonable opportunity of being heard. (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 experience 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
compensation 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 three per cent, or above six per cent, per
annum and with effect from such date or dates that the Central Government may
prescribe by a general or special order. (1)
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 on 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. (2)
Whenever, in
pursuance of clause (i) 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 or
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 any provision 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 the
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 Government 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 preventing 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 at is thinks fit in 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 being 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 in 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 the building. (1)
For the purposes
of this rule and of Rule 111, 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 State Government in
that behalf, may, if in the opinion of such member or person it is necessary or
expedite 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. (4)
No person shall,
except with the 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, or thing placed, in, on or over any land in pursuance of this rule. (5)
Anything removed
from any land in pursuance of this rule may be sorted, and stored, or disposed
of, in such manner as the Central Government or the State Government, as the
case may be, may by general or special order direct. (6)
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)
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 adult 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, without any reasonable excuse, 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” includes 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 sale 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 for. (a)
prohibiting,
restricting, or otherwise controlling the cultivation of specified crops; (b)
bringing under
cultivation any waste or arable land whether appurtenant to a building or not,
and for the growing therein of specified crops; (c)
securing the
utilisation of land for the cultivation of specified crops, or as pasture
lands, or for any other agricultural purposes; (d)
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)
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: (f)
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 clause (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 or things
and trade and commerce therein 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 for. (a)
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; (b)
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); (c)
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; (d)
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 and if the order relates to
foodgrains, edible oil seeds or edible oils at such price as may be specified
in the order having regard to. (i)
the maximum price,
if any, fixed by order under clause (h)
or by or under any other law for the time being in force, for the grade or
variety of foodgrains, edible oil seeds or edible oils to which the order under
this clause applies; and (ii)
where no maximum
price as referred to in sub-clause (i)
is fixed, the price for that grade or variety of foodgrains, edible oil seeds
or edible oils prevailing or likely to prevail during the post-harvest period
in the area to which the order applies. Explanation.
For the purposes of this sub-clause, “post-harvest period”, in relation to an
area, means the period of four months beginning from the last day of the
fortnight during which harvesting operations normally commence; (e)
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; (f)
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); (g)
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; (h)
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; (i)
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; (j)
requiring any
employers or class or classes of employers to supply to all or any class of
their employees or to any class of dependants 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; (k)
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; (l)
regulating the
carrying on of any undertaking engaged in, or capable of doing, work appearing
to the Government essential to any of the above mentioned 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; (m)
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; (n)
collecting any
information or statistics with a view to regulating or prohibiting any of the
aforesaid matters; (o)
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, accounts 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; (p)
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; (q)
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 (9) 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)
Notwithstanding
anything contained in sub-rules (2) and (3), an order under these sub-rules for
regulating by licences, permits or otherwise the movement or transport of any
foodstuffs, including edible oil seeds and edible oils, or for controlling the
prices or rates at which any such food-stuffs may be bought or sold, shall not
be made by the State Government except with the prior concurrence of the
Central Government. (5)
Notwithstanding
anything contained in sub-rules (2) and (3), an order under the said sub-rules
for regulating by licences, permits or otherwise the movement or transport of
an article specified in the Table below this sub-rule shall not be made by the
State Government except with the prior concurrence of the Central Government. THE TABLE (1)
Groundnut cakes
(deoiled or expeller varieties), (2)
Cottonseed deoiled
cake meal (or extraction). (3)
Rice bran deoiled
cake meal (or extraction). (4)
Maize deoiled cake
meal (or extraction), (5)
Cottonseed oilcake
(or expeller). (6)
Maize oilcake (or
expeller). (7)
Copra oilcake
(deoiled or expeller varieties). (8)
Cottonseed. (9)
Meals,
concentrates and compound feeds normally used as feed for livestock or poultry
or both. (10)
Fodders, including
bhoosa, husks, karbi, chuni, brans and pollards, chari, grass, hay, guarseed
and guarmeal. (6)
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
or body of persons (hereinafter referred to as the 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 insofar 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. (7)
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 Air Force
Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act,
1957 (62 of 1957), (a)
In any public
utility service as defined in Section 2 of the Industrial Disputes Act, 1947
(14 of 1947), or (b)
In any undertaking
or part thereof, (i)
which is being
carried on by the Central Government 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 (6) 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 Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957,
as the case may be. (8)
A direction under
sub-rule (7) 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 Air Force Act,
1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957
(62 of 1957), in pursuance of the direction. (9)
Any articles or
things seized under the authority of any order made under clause (q) 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 (10), 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 (5 of 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. (10)
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 (11). (11)
(a) If any person contravenes any
provision of this rule or 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: Provided
that where an order made under this rule relating to foodstuffs so provides,
any Court trying a contravention of the order may also direct that all
packages, coverings, or receptacles in which such foodstuffs are found and
every animal, vehicle, vessel or other conveyance used in carrying such
foodstuffs shall be forfeited to Government. (1)
In this rule,
“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; (c)
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. [2][Provided
that no order in respect of the undertaking owned by a company within the
meaning of the Companies Act, 1956 (1 of 1956) shall be made by the State
Government under, this sub-rule except with the previous approval of the
Central Government.] (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 where no such period is
specified, for the period of operation of the Act: 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 Act. (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 offices 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 and 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 (1 of 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 (notwithstanding 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 denned in the Companies Act,
1956 (1 of 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. (1)
In this rule, (a)
“essential
article” means an article which the Central Government, being of opinion that
the maintenance of the supply thereof is essential to the life of the
community, declares by order in writing to be an essential article; (b)
“essential
business” means, (i)
In relation to a
wholesale establishment, wholesale trade in essential articles; (ii)
In relation to a
shop, retail trade in Scheduled articles; and (iii)
In relation to a
restaurant, the business of supplying meals or refreshments for consumption on
the premises; (c)
“proprietor” of a
wholesale establishment, shop or restaurant includes any person responsible for
the management thereof; (d)
“restaurant” means
any premises wherein is carried on, whether or not in addition to other forms
of business, the business of supplying meals or refreshments to the public or a
class of the public, for consumption on the premises; (e)
“Scheduled
article” means an article specified in the Schedule to this rule, and includes
an article which the Central Government, being of opinion that the maintenance
of the supply thereof is essential to the life of the community, declares by
order in writing to be a Scheduled article; (f)
“shop” means any
premises wherein any retail trade is carried on in Scheduled articles, whether
or not in addition to retail trade in other articles and whether for the
benefit of the public generally or of a class or classes of persons only; (g)
“wholesale
establishment” means any premises wherein any wholesale trade is carried on in
essential articles, whether or not in addition to wholesale trade in other
articles, or wherein any essential articles are kept, whether or not in
addition to other articles, for wholesale trade. (2)
The Central
Government, if it considers it necessary for the purpose of maintaining
supplies essential to the life of the community, may, by general or special
order and subject to the provisions of any law for the time being in force
relating to shop-hours, require the proprietor of a wholesale establishment,
shop or restaurant to keep open the establishment, shop or restaurant for the
conduct of the essential business thereof during such period or periods as may
be specified in the order. (3)
No proprietor of a
wholesale establishment, shop or restaurant shall close the wholesale
establishment, shop or restaurant in contravention of any order made under
sub-rule (2) or suffer the same to be closed. (4)
If a wholesale
establishment, shop or restaurant is closed in contravention of sub-rule (3),
the Central Government or any person authorised by it by general or special
order in this behalf may cause the wholesale establishment, shop or restaurant
to be opened and the essential business thereof to be carried on through such
agency as it or he may think fit and at such prices as may be specified in the
order, and may use or cause to be used all such force as may be necessary for
the enforcement of this sub-rule, (5)
Where the
essential business of a wholesale establishment, shop or restaurant is carried
on in pursuance of an order under sub-rule (4), all stock-in-trade relevant to
the essential business thereof may be sold or disposed of by the agency through
which the essential business is carried on, and there shall be paid to the
proprietor of the wholesale establishment, shop or restaurant a sum certified
by the Central Government or by a person authorised by it in this behalf as
representing the proceeds of the sale or disposal of such stock-in-trade less
the amount of the cost of carrying on the essential business of the wholesale
establishment, shop or restaurant and the sum so certified shall be final and
shall not be called in question in any Court. (6)
Where the
proprietor of a wholesale establishment, shop or restaurant does not close the
wholesale establishment, shop or restaurant in contravention of an order made
under sub-rule (2) but refuses to carry on the essential business thereof
during the period or periods specified in such order, either absolutely or except
on terms in excess of the normal, the wholesale establishment, shop or
restaurant shall be deemed to be closed in contravention of sub-rule (3) for
all the purposes of this rule. (7)
Any person who
contravenes any of the provisions of this rule or any order made thereunder
shall be punishable with imprisonment for a term which may extend to three
years, or with fine, or with both: Provided
that where an order made under this rule so provides, any Court trying a
contravention of the order may direct that any licence under which the offender
holds the wholesale establishment, shop or restaurant shall stand revoked. (8)
Where the premises
in which any wholesale establishment, shop or restaurant is located are held
under a lease, and the lessee of such premises contravenes any provisions of
this rule or any order made thereunder, the Court trying a contravention of
this rule or any order made thereunder may, if the order so provides, direct
that the lease of such premises shall stand determined and that the lessor
shall have an instant right of re-entry therein. THE SCHEDULE (1)
Grains, pulses and
flour and any foodstuffs made from any of them. (2)
Sugar and gur. (3)
Milk and
milk-products. (4)
Eggs. (5)
Vegetable oils. (6)
Vegetables and
fruits, all sorts. (7)
Meat, fish and
poultry. (8)
Spices. (9)
Salt. (10)
Kerosene oil. (11)
Charcoal,
steam-coal and fire-wood. (12)
Matches. (13)
Medicines. (14)
Household soap. (15)
Fodder, bran,
pollard and oilcakes. (16)
Clothes, cotton
and woolen. (17)
Footwear. (18)
Lamps. (1)
In this rule, (a)
“cooperative
society” means a cooperative society registered under the cooperative Societies
Act, 1912 (2 of 1912), or under any other law for the time being in force
relating to cooperative societies; (b)
“crusher” means a
crusher drawn by bullock or any other animal and engaged or ordinarily engaged
in the crushing of sugarcane and includes any equipment for manufacturing gur,
shakkar, gul, jaggery, rab or khandsari sugar; (c)
“factory” means
any premises, including the precincts thereof, in any part of which sugar is
manufactured by vacuum pan process; (d)
“khandsari unit”
means a unit engaged or ordinarily engaged in the manufacture of khandsari
sugar from cane juice or rab; (e)
“power crusher”
means a crusher working with the aid of diesel, electrical or steam power and
engaged or ordinarily engaged in crushing sugarcane and extracting juice
therefrom for the manufacture of gur, shakkar, gul, jaggery, rab or khansari
sugar; (f)
“reserved area”
means any area where sugarcane is grown, reserved for a factory under Clause
6(1) (a) of the Sugarcane
(Control) Order, 1966; (g)
“year” means the
year commencing on the first day of July and ending with the thirtieth day of
June in the year next following. (2)
If the Central
Government is of opinion that it is necessary or expedient so to do for
regulating or increasing the supply of sugarcane or for securing the equitable
distribution of sugarcane, it may, by order. (a)
direct that a
power crusher, or a khandsari unit, or a crusher not belonging to a grower or
body of growers of sugarcane, shall not be worked except under and in
accordance with a licence issued by the Central Government in that behalf; (b)
direct that in a
reserved area. (i)
no sugarcane shall
be purchased for crushing by a power crusher, (ii)
no sugarcane or
sugarcane juice shall be purchased for crushing or for manufacture of gur,
shakkar, gul, jaggery, rab or khandsari sugar, as the case may be, by a crusher
not belonging to a grower or body of growers of sugarcane or by a khandsari
unit in the area, except under and in accordance with a permit issued by the
Central Government in that behalf: Provided
that where such a permit is issued, (i)
the Central
Government may require the permit-holder to purchase sugarcane or sugarcane
juice only through a cooperative society of sugarcane growers where such a
society exists, and to pay commission to the society on the sugarcane or
sugarcane juice purchased through it at such rate as may be fixed by the
Central Government, (ii)
the permit-holder shall
not crush sugarcane or purchase sugarcane juice in excess of the quantity
specified by the Central Government in the permit and shall work the power
crusher khandsari unit or the crusher, as the case may be, only during such
period or such hours as may be so specified; (c)
require the owner
or other person in charge of a crusher not belonging to a grower or body of
growers of sugarcane or a power crusher or a khandsari unit in a reserved area
to shift it to such place outside the reserved area as may be specified by the
Central Government for the purpose: Provided
that the factory for which the area is reserved undertakes to pay the cost of
shifting as determined by the Central Government within such time as may be
fixed by that Government on the basis of agreement between the parties in this
behalf, or in the event of there being no such agreement, on a fair and
reasonable basis, after affording both parties an opportunity to make
representations in writing as to the cost involved and the basis of calculation
thereof; (d)
require persons
engaged in the production, manufacture, supply or distribution of, or trade and
commerce in sugarcane, sugarcane juice, sugar, gur, shakkar, gul, jaggery, rab
or khandsari sugar, to maintain and produce for inspection such books, accounts
and records relating to their business and to furnish such information relating
thereto as may be specified in the order; (e)
provide for the
grant or issue of licences or permits, 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 or permit, 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; (f)
provide for any
incidental or supplementary matters for which the Central Government thinks it
expedient for the purposes of the order to provide, including in particular,
the entry into, search and inspection of premises, places or vehicles, seizure
by a person authorised to make such search of any crusher, power crusher or
khandsari unit in respect of which such person has reason to believe that a
contravention of the order has been, is being, or is likely to be, committed
and the rendering of such equipment inoperative by sealing or otherwise. (3)
(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. (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)
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, 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, (a)
the expressions
“employer”, “lock-out”, “industrial dispute” and “workman” shall have the
meanings respectively assigned to them in Section 2 of the Industrial Disputes
Act, 1947 (14 of 1947); (b)
the expression
“strike” means the cessation of work by a body of persons employed in any
undertaking or class of undertakings referred to in sub-rule (1), acting in
combination or a concerted refusal or a refusal under a common understanding of
any number of persons who are or have been so employed to continue to work or
to accept employment, and includes. (i)
refusal to work
overtime where such work is necessary 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; (ii)
any other conduct
which is likely to result in, or results in, cessation or substantial
retardation of such work. (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 essential 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 purposes of this rule, “employment” includes employment of any nature,
and whether paid or unpaid. (2)
(a) 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. (b) Any order issued under clause (a) 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 in 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. If
in the opinion of the State Government a person who has been granted a licence
under Section 3 of the Indian Electricity Act 1910 (9 of 1910) or has been
given a sanction under Section 28 thereof is not able to accept any new or
additional load required by any consumer, or to guarantee uninterrupted supply
of power to any consumer for maintaining supplies and services essential to the
life of the community, the State Government may, by order in writing, direct
the State Electricity Board constituted in the State under the Electricity
(Supply) Act, 1948 (54 of 1948), to supply electrical energy to such consumer. PART XIII TRANSPORT (1)
Without prejudice
to any order made under any 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, cause 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 appropriate
authority may, for the purpose of facilitating the quick carriage of defence
materials or supplies essential to the life of the community, or preventing or
avoiding any undue congestion at railway premises, unload at destination any
goods from wagons without any notice to the consignees and keep such goods in
such places, whether covered or open, as may be feasible under the
circumstances. (3)
The appropriate
authority may, for the purpose of facilitating the quick carriage of defence
materials or supplies essential to the life of the community, unload and detain
at any intermediate station any goods or animals carried by railway and may
sell them by public auction after giving fifteen days' notice of such auction
to the person appearing to the appropriate authority to be entitled to the
goods or animals: Provided
that in the case of perishable goods such notice shall be given only if
practicable and may be for a period shorter than fifteen days. (4)
Out of the
proceeds of the sale under sub-rule (3), the railway administration may retain
a sum equal to the charge due to it in respect of the goods or animals and the
expenses of and incidental to the sale, rendering the surplus, if any, of the
proceeds to the person entitled thereto. (5)
The cost of the
unloading, removal and custody of any goods under sub-rules (1) and (2) shall
be recoverable from the consignee as an arrear of land revenue by the
appropriate authority, which for the purpose 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). (6)
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. (7)
The provisions of
sub-rules (2), (3) and (4) shall apply in such areas and for such periods as
the Central Government may, by notified order, specify. (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 Ministry of
Defence 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)
“animal” means any
animal used, or capable of being used, for the transport of persons or goods; (b)
“vehicle” means
any vehicle used or capable of being used, for the purpose of 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; (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; (g)
provide for
prohibiting any person or class of persons from travelling by any vehicle or
class of vehicles; (h)
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; (i)
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; (j)
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; (k)
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 or 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)
Notwithstanding
anything contained in sub-rule (2) and sub-rule (5), any order which has the
effect of prohibiting, restricting or otherwise regulating the movement or
transport of any article specified in the Table below to this sub-rule shall
not be made by the State Government except with the prior concurrence of the
Central Government. TABLE (1)
Foodstuffs. (2)
Edible oilseeds
and oils. (3)
Groundnut cakes
(deoiled or expeller varieties). (4)
Cottonseed deoiled
cake meal (or extraction). (5)
Rice bran deoiled
cake meal (or extration). (6)
Maize deoiled cake
meal (or extraction). (7)
Cottonseed oilcake
(or expeller). (8)
Maize oilcake (or
expeller). (9)
Copra oilcake (deoiled
or expeller varieties). (10)
Cottonseed. (11)
Meals,
concentrates and compound feeds normally used as feed, for livestock or poultry
or both. (12)
Fodders, including
bhoosa, husks, karbi, chuni, brans and pollars, chari, grass, hay, guarseed and
guarmeal. (7)
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 IMPORTS
AND EXPORTS (1)
Words and
expressions used in this rule shall have the same meaning as in the Imports and
Exports Control Act, 1947 (18 of 1947), the Imports (Control) Order, 1955 and
the Exports (Control) Order, 1968. (2)
The Central
Government may, by notified order, prohibit or restrict the import or export of
all goods or goods of any specified description from or to any specified person
or class of persons. (3)
The Central
Government may, by notified order, make provision for prohibiting, restricting
or otherwise controlling, in all cases or in specified classes of cases, and
subject to such exceptions, if any, as may be made by or under the order, (a)
the import,
export, carriage coastwise or shipment or ship stores of all goods or goods of
any specified description; (b)
the shipment of
fresh water on sea going vessels; (c)
the bringing into
any port or place in India of goods of any specified description intended to be
taken out of India without being removed from the ship or conveyance in which
they are being carried. (4)
All goods to which
any order under sub-rule (2) or sub-rule (3) applies shall be deemed to be
goods of which the import or export has been prohibited or restricted under
Section 11 of the Customs Act, 1962 (52 of 1962) and all the provisions of that
Act shall have effect accordingly. (5)
Notwithstanding
anything contained in the Customs Act, 1962 (52 of 1962), the Central
Government may, by notified order, prohibit, restrict or impose conditions on
the clearance, whether for home consumption or for shipment abroad, of any
goods or class of goods imported into India. (6)
If any person
contravenes any order made under this rule (including any condition of a
licence granted under any such order), he shall, without prejudice to any
confiscation or penalty, to which he may be liable under the provisions of the
Customs Act, 1962 (52 of 1962), as applied by sub-rule (4), be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both. (1)
No person shall acquire
possession of or in any way be concerned in carrying, removing depositing,
harbouring, keeping, concealing, selling or purchasing or in any other manner
dealing with or financing any goods (including coins and currency, whether
Indian or foreign, and foreign exchange) which have been or are attempted to be
brought into or taken out of India, in contravention of the prohibitions or
retractions for the time being in force under the provisions of, or by virtue
of, the Customs Act, 1962 (52 of 1962) or any order under Rule 126. (2)
(a) Where any goods to which this
sub-rule applies are seized in the reasonable belief that they have been
smuggled into India in contravention of the prohibitions or restrictions
aforesaid, the burden of proving that they are not smuggled goods shall be on
the person from whose possession the goods were seized. (b) This sub-rule shall apply to gold,
diamonds, manufactures of gold or diamonds, watches and any other class of
goods which the Central Government may by notified order specify. (3)
No person shall,
in relation to any goods which are entered at or brought to be passed through a
customs station as denned in the Customs Act, 1962 (52 of 1962), either for
importation or exportation, give a false or wrong declaration with regard to
their sort, quality, quantity or value, in the bill of entry or application
presented for passing them, or be in any way concerned with such false or wrong
declaration. (4)
If any person
contravenes any of the provisions of this rule, he shall, without prejudice to
any confiscation or penalty to which he may be liable under the provisions of
the Customs Act, 1962 (52 of 1962) be punishable with imprisonment for a term
which may extend to seven years, or with fine, or with both. (5)
Notwithstanding
the provisions of Rule 183, no Court or Tribunal shall take cognizance of any
offence under this rule except on a complaint being made by a Collector of
Customs or of Central Excise or of Land Customs. PART XV FINANCIAL
PROVISIONS (1)
In this rule, (i)
the expression
“coin” means coin which is legal tender under the Indian Coinage Act, 1906 (3
of 1906); (ii)
the expression
“note” means a Reserve Bank of India note or a Government of India one rupee
note issued under the Currency Ordinance, 1940 (4 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 or of any of its
subsidiaries doing treasury business or having small coin depots) 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
coins 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 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 (18 of 1944); (b)
shares, scraps,
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. PART XVI CONTROL
OF TRADING WITH ENEMY In
this Part, unless the context otherwise requires, 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 (16 of 1939), and the Foreigners Act,
1946 (31 of 1946), apply by virtue of Section 2 of the Foreigners Law
(Application and Amendment) Act, 1962 (42 of 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 Act: 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 or 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 person 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 131 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 134, (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 135, 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 XVII CONTROL
OF ENEMY FIRMS In
this Part, unless the context otherwise, requires, (1)
“appointed day”
means the date immediately preceding the date of the Proclamation of Emergency; (2)
“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; (3)
“enemy firm”
means. (a)
any enemy subject who
is, or at any time subsequent to the appointed day 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 appointed day was an enemy subject, and which is, or at any
time, subsequent to the appointed day 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 appointed day was an enemy subject, and which is, or at any
time subsequent to the appointed day 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 appointed day 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; (4)
“enemy property”
means any property for the time being belonging to or held or managed on behalf
of an enemy as defined in Rule 130, an enemy subject or an enemy firm: Provided
that where an individual enemy subject dies in India, any property 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 151; (5)
“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; (6)
“securities”
includes shares, stocks, bonds, debentures and debenture stocks, 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; or (b)
pay any sum of
money to, or for the benefit of, an enemy firm; or (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 reinsurance) 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 139 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 in or 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 141, 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 141; (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 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 141 or
Rule 142 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 Act, 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 130 or an enemy subject, or an enemy firm is injurious
to the public interest, or was entered into with a view to evading 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 Act, 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 130 or an enemy subject or an
enemy firm is injurious to the public interest or was made with a view to
evading 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, be 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 of 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 extend 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) In 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
131 or Rule 139; (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 contact; (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 of control the carrying 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 130 and which is, or
at any time subsequent to the appointed day was carrying on business in India,
as they apply in relation to an enemy firm. (1)
With a view to
preventing the payment of monies 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 146 and Rule 149 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 other 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, 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 130. (5)
Where in pursuance
of an order made under sub-rule (1), the assets of a company are vested in the
custodian, no proceedings, civil or criminal, shall be instituted under the
Companies Act, 1956 (1 of 1956), against the company or any director, manager
or other officer thereof except with the consent in writing of the custodian. (6)
If any person pays
any debt or deals 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 denned in Rule 130. (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 fit 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 older. (4)
Where a
restriction order or a winding up order is made as respects any business, the
distribution of any assets 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 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 151 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 Supervisor 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; (d)
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 thereout 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
rules, 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 with both. (1)
Where any company
constituted or incorporated in any enemy territory and carrying on business in
any place in India is being wound up by the Court or where an application has
been made to the Court for an order to sanction a compromise or arrangement in
respect of any such company, the liquidator, or any Gazetted Officer of the
Central Government, or both, may be authorised by the Central Government to make
an inspection of the books, accounts and other documents of the company or to
cause such inspection to be made under his or their supervision or control by
such officer or officers as may be appointed by the liquidator where he alone
is so authorised or by the Gazetted Officer aforesaid in any other case. (2)
On such
inspection, the liquidator or the Gazetted Officer aforesaid or, as the case
may be, both of them shall submit a report to the Central Government. (3)
If the Central
Government, on consideration of the report, is of the opinion that it is
necessary so to do, it may give suitable directions for the proper custody and
preservation of the said books, accounts and other documents and for initiating
such proceedings, civil or criminal, in relation to the conduct of affairs of
the said company against such persons as may be deemed fit and proper by that
Government. PART XVIII 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 any 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 for similar space or accommodation during the twelve months immediately
preceding the date of Proclamation of Emergency. (3)
The Central
Government or the State Government may, with a view to obtaining any space or
accommodation under sub-rule (1) or 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, 1971 (40 of 1971), 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 of 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 such 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, 1971 (40 of 1971). (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 is 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. (1)
No person shall
obtain or keep in his possession any article of ‘military stores’ which term
shall include articles intended for use in the equipment of, or for supply to,
the Naval, Military and Air Forces, and any other Armed Forces of the Union,
except when the article is issued to him lawfully in connection with the
performance of his duty. (2)
If any person is
found or is proved to have been in possession of any article of military stores
he shall, if the Court sees reasonable grounds for believing such article to be
or to have been the property of the Government, unless he proves that it came
into his possession lawfully, be punishable with imprisonment for a term which
may extend to five years, or with fine, or with both. (1)
In this rule, (i)
‘migrant’ means
any individual who, at any time whether before or after the coming into force
of these rules, has voluntarily migrated to an enemy territory or an occupied
territory; Explanation.
A person who at any time whether before or after the coming into force of these
Rules, has moved into an enemy territory or an occupied territory without
obtaining a passport under the Passports Act, 1967 (15 of 1967) or without any
other lawful authority, shall be presumed to be a migrant; (ii)
‘migrant firm’
means. (a)
any firm, whether
constituted in India or not, of which any member or officer is a migrant and
which is carrying on business in India, or (b)
any company,
whether incorporated in India or not, of which any officer is a migrant and
which is carrying on business in India, or (c)
any body of persons,
whether incorporated or not, who or which, in the opinion of the Central
Government, is carrying on business in India. (1)
under the control,
whether direct or indirect, of a migrant, or (2)
wholly or mainly
for the benefit of migrants generally or any class of migrants or any
individual migrant; (iii)
‘migrant property’
means any property for the time being belonging to, or held or managed on
behalf of, a migrant or a migrant firm. (2)
With a view to
preventing the payment of monies to a migrant and preserving migrant property,
the Central Government may appoint a Custodian of Migrant Property for India
and one or more. Deputy Custodians and Assistant Custodians of Migrant 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 this rule be
payable to or for the benefit of a migrant; or which would but for the
provisions of sub-rule (8) and sub-rule (10) 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 migrant property
as may be prescribed; (c)
vest in the
prescribed custodian the right to transfer such other migrant property as may
be prescribed, being migrant 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 migrant
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 other information and to
produce such documents, as the custodian considers necessary for the discharge
of his functions under the order; (g)
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. (3)
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 (2) 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. (4)
Where, in
pursuance of an order made under sub-rule (2), (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 (2) applies, neither
the payment nor the vesting nor the 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 a
migrant, had died or had ceased to be a migrant, or (ii)
some person who
was so interested, and who was believed by the custodian to be a migrant was
not a migrant. (5)
In sub-rules (2),
(3), (4) and (12), the expression “custodian” includes a Deputy Custodian, and
an Assistant Custodian, of Migrant Property. (6)
If any person pays
any debt or deals with any property to which any order under sub-rule (2)
applies otherwise then 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 (2) 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. (8)
Where it appears
to the Central Government that a contract entered into, whether before or after
the coming into force of this rule, with a person who at the time of such
contract was, or subsequent to such contract became a migrant is injurious to
the public interest or was entered into with a view to evading the provisions
of this rule, the Central Government may, by order, cancel or determine such
contract either unconditionally or upon such conditions as it thinks fit. (9)
(a) Where it appears to the Central
Government that a transfer of property, movable or immovable, made, whether
before or after the coming into force of these rules to or by a person who at
the time of such transfer was or subsequent to such transfer became, a migrant
is injurious to the public interest or was made with a view to evading the
provisions of this rule, 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. (b) On the making of an order under
the foregoing provisions of this sub-rule, 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, be deemed to be re-vested in the original
transferor. (10)
(a) No transfer of a negotiable
instrument or an actionable claim by or on behalf of a migrant 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. (b) If any person by payment or
otherwise purports to discharge any liability from which he is relieved by this
sub-rule 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. (c) 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 this sub-rule, that person may pay
into a competent Civil Court any sum which, but for the provisions of this
sub-rule, would be due in respect of the claim and thereupon the payment shall,
for all purposes, be a good discharge to that person. (11)
The provisions of
this rule shall, so far as may be, apply in relation to a migrant firm as they
apply in relation to a migrant. (12)
Where in pursuance
of an order made under sub-rule (2), read with sub-rule (11), the assets of a
company are vested in the custodian, no proceeding, civil or criminal, shall be
instituted under the Companies Act, 1956 (1 of 1956) against the company or any
director, manager or other officer thereof except with the consent in writing
of the custodian. Nothing
contained in these rules shall affect the privileges and immunities of
diplomatic missions, consular posts and offices of the United Nations and its
Specialised Agencies in India in respect of. (i)
the premises of
such missions, posts and offices and the residences of diplomatic agents,
consular officers and officials of the United Nations and its Specialised
Agencies; (ii)
the inviolability
of mail bags and pouches addressed to the aforesaid missions, posts and offices
and in general the right of free communication on the part of diplomatic
missions and consular posts with their sending Governments, and offices of the
United Nations and its Specialised Agencies for all official purposes,
including the use of couriers and messages in code or cipher; (iii)
the establishment
and operation of two-way wireless transmission facilities where prior
permission of the Government of India has been obtained. (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 person. (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 to 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 and, in
the case of an order affecting an individual, carrying on business in a name
other than his own, corporation or firm, 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 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
individual 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
tampers 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 or
in any Corporation owned or controlled by 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. (1)
Where, having
regard to the efficient conduct of air force operations or the exigencies of
the air force service, the competent authority is of opinion that it is
inexpedient to release, discharge or retire from the air force service any
person or class of persons, referred to in clause (a) or clause (b)
of Section 2 of the Air Force Act, 1950 (45 of 1950), who has or have otherwise
become entitled to be released, discharged or retired, it may, by general or
special order in writing, extend the service of such person or class of persons
for such period or periods as it may consider necessary. (2)
Notwithstanding
anything contained in the terms of his commission, warrant or enrolment, any
person to whom an order under sub-rule (1) applies, shall not be discharged,
released or retired, nor shall such person be entitled to claim his discharge,
release or retirement, from the air force service during the period specified
in the said order: Provided
that if, while a person is being retained in air force service by virtue of an
order under sub-rule (1), the competent authority records in writing that his
services can be dispensed with, such person shall thereupon become entitled to
be discharged, released, retired or transferred to the Reserve, as the case may
be: Provided
further that notwithstanding anything contained in this rule, no person shall
be compulsorily retained in the air force service by virtue of an order under
sub-rule (1) after the expiry of the period of operation of the Act. (3)
The reserve
liability, if any, of a person who has been retained in the air force service
beyond his normal term by virtue of an order under sub-rule (1), shall be
deemed to have been reduced by the period of such retention. (4)
In this rule, (i)
“competent
authority” means, in respect of officers, the Central Government, and in
respect of airmen, the Chief of the Air Staff or a Principal Staff Officer at
the Air Headquariers specified by the Chief of the Air Staff; and (ii)
words and
expressions used in this rule shall have the meanings assigned to them by or
for the purposes of the Air Force Act, 1950 (45 of 1950). (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 XIX 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-rule 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-rule (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”, (i)
In relation to a
firm, means a partner in the firm, (ii)
In relation to a
society or other association of individuals, means the person who is entrusted,
under the rules of the society or other association, with the management of the
affairs of the society or other association, as the case may be. 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
thereunder 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 defence of India and civil defence or to
the public safety or to the efficient conduct of military operations has been,
is being, or is about to be, committed in any place, he may by warrant
authorise any police officer above the rank of a 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 the 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 make 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 175, “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
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 efficient conduct of military operation. (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 make 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 of any right under international law, or affect any law relating to
Prize or 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 125, (b)
search any place
(including any vessel wherever found) and seize anything 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 of military operations, to the defence of India and
civil defence, or to the public safety or interest. (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
detain 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 of 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 Rule 14, 20, 28, 32, 66, 71, 74, 107, 110, 111, [3][119]
123, 125, 154, 163, 164, or 165 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. (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)
If upon a report
in writing made by a police officer, any Court has reason to believe (whether
after taking evidence or not) that any person who has committed an offence
punishable under sub-section (1) of Section 5 of the Act has absconded or is
concealing himself so that he may not be apprehended, such Court may,
notwithstanding anything contained in Section 87 of the Code of Criminal
Procedure, 1898 (5 of 1898), publish a written proclamation requiring him to
appear at a specified place and at a specified time not less than fifteen days
but not more than thirty days from the date of publishing such proclamation. (2)
The proclamation
shall be published as follows. (a)
it shall be
publicly read in some conspicuous place of the town or village in which such
person ordinarily resides; (b)
it shall be
affixed to some conspicuous part of the house or homestead in which such person
ordinarily resides or to some conspicuous place of such town or village; and (c)
a copy thereof
shall be affixed to some conspicuous part of the court-house. (3)
A statement in
writing by the Court issuing the proclamation to the effect that the
proclamation was duly published on a specified day shall be conclusive evidence
that the requirements of this rule have been complied with, and that
proclamation was published on such day. The
Court issuing a proclamation under Rule 180 may, at any time, order the
attachment of any property, movable or immovable, or both, belonging to the
proclaimed person and thereupon the provisions of Section 88 of the Code of
Criminal Procedure, 1898 (5 of 1898), shall apply to such attachment as if, (i)
such attachment
were made under that Code, and (ii)
In sub-sections
(6-A) and (7) of that section, for the words “six months”, the words “one
month” were substituted. If
within six months from the date of the attachment, any person whose property is
or has been under the disposal of the State Government under sub-section (7) of
Section 88 of the Code of Criminal Procedure, 1898 (5 of 1898), road with Rule
181 appears voluntarily or is apprehended and brought before the Court by whose
order the property was attached or the Court to which such Court is subordinate
and proves to the satisfaction of such Court that he did not abscond or conceal
himself for the purpose of avoiding apprehensions and that he had not received
such notice of the proclamation as to enable him to attend within the time
specified therein, such property, or, if the same has been sold, the net
proceeds of the sale or, if part only thereof hag been sold, the net proceeds
of the sale and the residue of the property shall, after satisfying thereout
all costs incurred in consequence of the attachment, be delivered to him. (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 public servant. (2)
Proceedings in
respect of a contravention of the provisions of these Rules or of 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 10, 37, 131 and
139 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
69, or under sub-rule (2) of Rule 114 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) of 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
innless. (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 Act 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, including the
locking or sealing of any premises until a search or inspection thereof or
seizure of any articles or things therein has been completed, 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 Government 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. 1842, date December 5, 1971,
published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th December,
1971, pp. 1141-1247, No. 214 [2]
Ins. by G.S.R. 1958, dt. 23-12-1971 (w.e.f. 23-12-1971). [3]
Ins. by G.S.R. 214(E), dt. 7-5-1974 (w.e.f. 7-5-1974).Defence of India Rules, 1971