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Registered No D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, SEPTEMBER 14,1948

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 14th September 1948.

ORDINANCE No. XXIV OF 1948

AN

ORDINANCE

to provide for special measures to ensure the public safety and interest and to

prevent any grave menace to the security of India

WHEREAS an emergency has arisen which renders it necessary to provide for special measures to ensure the public safety and interest, and prevent any grave menace to the security of India;

AND WHEREAS the Governor-General has declared by Proclamation under election 102 of the Government of India Act, 1985 (20 Geo. 5, c. 2) that a grave emergency exists whereby the security of India is threatened by internal disturbance

Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935 (26 Geo. 5, c. 2), the Governor-General is pleased to make and promulgate the following Ordinance: —

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Ordinance may be called the Public Safety Ordinance, 1948.

(X) It extends to all the Provinces of India, and also to every Acceding State to the- extent to which the Dominion Legislature has power to make laws for that State as respects the matters dealt with in this Ordinance, and it applies also-—

(a) to servants of the Crown in any part of India; (b) to "British subjects who are domiciled in any part of India, when- ever they may be;

(o) in respeot of the regulation and discipline of any military, naval or air force raised in India, to members of, and persons attached to. employed with, or following, that force, wherever they may be;

(d) to, and to persons an, ships and aircraft registered In India, when- ever they may be.

(3) It shall some into force at once.

(1527)

2. Definition.—"fu this Ordinaiice, unless there is anything repugnant in the subject or context, "appropriate Govornment''—

(a) in a Governor's Province, ine-ann the Provincial Government in relation to any of Iho matters enumerated in the Provincial and Concurrent Legislative Lists in tho Seventh Schedule to the Government of India Act, 19o5, and the Central Government in relation to any other matter;

(b) elsewhere in India, means the Central Government in relation to all matters.

CHAPTER II.

Emergency powers.

3. Power to make rules.—(1) The appropriate Government may, by notitioa- , tion in the official Gazette, make such rules as appear to it to be necessary or expedient for 'securing the public safety, tho maintenance of public order, the niaintenrujce of supplies und services essential to the life of the com- munity, or for preventing any grave menace to the-seeurity of India,

(9) Without prejudice to the generality of the powers conferred by sub- section (i), the rules may provide for, or may empower any authority to make orders providing fur, all or any of the following matters, namely : —

(i) prohibiting anything likely to prejudice the training, discipline or health of Hie Majesty's Indian forces;

(") preventing any attempt to tamper with the loyalty of persons in, or to dissuade (otherwise than with advice given in good faith to the pevsun dissuaded for his benefit Or tbat of any member of his family or uny of his dependents) persons from entering, the service of His Majesty;

(in) ensuring the safety and welfare of His Majesty's Indian forces, ships and aircraft;

(iv) preventing the spreading, without lawful authority or excuse, of false reports, or the prosecution of any purpose likely to cause disaffection or alaiin, or to prejudice His Majesty's relations with foreign powers or to prejudice the maintenance of peaceful conditions in any tribal area or to promote feelings of enmity and hatred between different classes of Hia Majesty's subjects;

Explanation.—To point out, without malicious intention and with an honest viow to their removal, matters which are produoing, or have a tendency to produce, feelings uf enmity or hatred between different classes of His Majesty's subjects floes not amount to promoting such feerbigs within the meaning of this clause;

(v) preventing anything likely to prejudice in any way the successful conduct of any operations in which Hia Majesty's Indian forces may be engaged;

(vi) requiring the publication of news and information;

(uii) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the removal of persona from such areas;

(viii) requiring any person or class of persons' to comply with any scheme for securing the public safety or interest or preventing g-ny grave menace to the security of India;

(ix) ensuring the sufety of—

(a) ports, dockyards, lighthouses, light-ships and aerodromes, {b) railways, tramways, roads, canals and all other means of trans- port by land or water,

(c) telegraphs, post offices, signalling apparatus and all other means of communication,

(d) sources of water-supply, works fur the supply of water, gas or electricity, and all other works for purposes uf a public character,

(e) vessels, aircraft, transport vehicles as defined in the Motor Vehicles Act, 1080 (IV of 1989), and rolhng stock of railways and tramways,

(/) warehouses and all other places used or intended to be used for storage purposes,

(g) mines and factories, (h) all works and structures being part of, or connected with, anything hereinbefore mentioned in this clause, and

(i) any other place or thing used or intended to be used for the purposes of Government or a local authority, or the protection of which it ie considered necessary or expedient for securing the public safety or the maintenance of public order or for maintaining supplies and services essential to the life of the community or for preventing tiny grave menace to the security of India;

(a;) the apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain, as the case may be, suspects, on grounds appearing to such authority to be reasonable, of having acted, acting, being about to act, or being likely to act in a manner prejudicial' to the public, safety or interest, the main- tenance of public order, His Majesty's relations with foreign powers, or the maintonanoe of peaceful conditions in uay tribal area, or with respect to whom such authority is satisfied that his apprehension aud detention are necessary for the purpose of preventing him from acting in any such prejudicial manner, the prohibition of such person from entering or' residing or remaining in any area, and the compelling of such person to reside and remain irr any area, or to do or abstain from doing anything;

(xi) the control of persons entering, departing from, or travelling in, India, and of foreigners residing or being in India;

(xii) prohibiting or regulating traffic, and the use of vessels, buoys lights and signals, in ports and territorial, tirlal and inlnnd waters'; '

(xiii) restricting the charter of foreign vessels; (xiv) regulating the structure and equipment of vessels for the pur- pose of ensuring the safety thereof and of persons therein;

(*") regulating work in dockyards and shipyards in respect of the construction and repairs of vessels;

• {jevi) prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the movement of aircraft,, and traffic on railways tramways and roads and reserving, and requiring to be ndaptecl, for the

use of the appropriate Government, all or any accommodation in vessels anTmals or ^octa- t r a i n W a yR or TOad v e h i c l es iw the carriage of persons',

(xvii) impressment of vessels, aircraft, vehicles and nnimrds for transport;

(xviii) prohibiting or regulating the use' of postal, telegraph or tele- -*- phonio services, including the taking possession of such services and the delaying, seizing, intercepting or interrupting of postal articles or telegra- phic or telephonic mesBages;

(aritr) regulating the delivery, otherwise than by postal or telegraphic service, of postal articles and telegrams;

("c) the control of agriculture, trade or industry for the purpose of regulating or increasing the supply of, and the obtaining of information with regard to, articles or things of any description whatsoever which i-.un be uaed in connection with any operations in which His Majesty's Irdian forceg may be engaged, or for maintaining supplies and services essential to the life of the community;

(xxi) ensuring the ownership and control of mines by British subjects domiciled in India;

(xmi) controlling the possession, use or disposal of, or dealing in, coin, bullion, bank noteB, currency notes, securities or foreign exchange;

(xxiii) the control of any road or pathway; of any waterway, ferry or bridge; or of any river, oana. or other source of water-supply;

{xxiv) the requisitioning of any property, movable or immovable, includ- ing the taking possession thereof and t he iflRUe of any orders in respect thereof;

(xxv) prohibiting or regulating the possession, use or disposal of—

(a) explosives, inflammable substances, arms and ammunitions of war,

(b) vessels, (o) wireleBi telegraphic apparatus,

:

(d) aircraft, and (e) photographic and signalling apparatus and any means of record- ing information; (zsrai¹) prohibiting or regulating the bringing into, or taking out of, India of goods or articles of any description (including coin, bullion, bank notes, currency notes, securities and foreign exchange), and applying the provisions of the Sea Customs Act, 1878 (VllI of 1878), and in particu- lar Bection 19 thereof, to such prohibitions and regulations;

(xxvii) prohibiting or regulating the bringing into, ;>r taking out of, India and the possession, use or transmission of ciphers and other secret means of communicating information;

(xxviix) prohibiting or' regulating the publication of inventions and designs ;

(xxix) preventing the disclosure of official secrets; (tKKt) prohibiting or regulating meetings, assemblies, fairs and provisions;

(atfKei) preventing or bontrolling any use, calculated DO prejudice the public safety or the maintenance of public order, of uniforms, flags and insignia and of anything similar thereto;

(xxxii) ensuring the accuracy of any report or declaration legally re- quired of any person;

(xxxiii) preventing the unauthorised change of names;

(xxxiv) preventing anything likely to cause misapprehension in renpeot of the identity of any official person, oiiicial document or official property or in respect of the identity of any person, dooiunent or property purport- ing to be, or resembling, an official person, official document or official property;

(.xawu) entry into, and bauvh of, any place reasonably suspected of being usod for any purpose prejudicial to the public safety or interest, and ior the seizure and disposal oj: anything found there and reasonably sus- pected of being used for such purpose.

(3) The rules made under sub-aecbion (i) may further—

(i) provide for tho arrest and trial of persons contravening any of the rules or any order issued thereunder;

(ii) provide that any contravention of, or any attempt to contravene, and any abetment of or attempt to nbot the contravention of, any of the provisions of the rules, or any order issued under any such provision, shall be punishablo with imprisonment for a term vvhioh may extend to seven years or w;th fine or with both;

(Hi) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as ift referred to in the preceding clause has been committed and for the adjudication of such forfeiture whether by a Court or by any other authority;

(iv) prescr.be the dut;es and powers of public servants" and other persons as regards preventing thp contravention of. or securing the obser- vanoe of, the rulos or any order issued thereunder;

(v) provide for preventing obstruction and deception of, and dis- obed enoe to, any person acting, and interference with any notice issued, in pursuance of tho rules or any order issued thereunder,

(vi) prohibit attempts by any person to screen from punishment any- one, other than the husband or wife of such person, contravening any of the rules or any order issued thereunder;

(vii) empower or direct any authority to take such action as may be specified in the rules or as may seem necessary to such authority for the purpose of ensuring the public safety or interest;

(uiii) provide for charging fees in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the rules.

(4) The appropriate Government may by order direct that any power or duty which by rule under sub-section (1\ is conferred or imposed upon nuch ^iovermnent shall, in such circumstances and undor such conditions, if any, as may be specified in the d rection, be exercised or discharged by any officer or authority subordinate to such Government or by any other authority.

(5) A Provincial Government may, by order, direct that any power or duty which by rule made by the Central Goverumeut under sub-section (1) is conferred or imposed on the Provincial Government, or which, being by such rule conferred or imposed on the Central Government, has been directed under sub-section (4) to be exercised or discharged by the Provincial Government, shal', in such circum- stances and under such conditions, if any, ;\fc may be specified in the direction, be exercised or discharged by any officer or authority, not being (except in the cas3 of a Chief Commissioner's Province) an officer or authority subordinate -tto the Central Government.

(6) Any rule made by the Central Gove-rnment under sub-section (2) may confer powers and impose duties or authorise the conferring of powers and

imposition of duties upon the Government of an Acceding State or officers iina uulhoritics thereof to be desiynnk-d for the purpose by the Government of that titatc.

4. Effect of rules, etc., inconsistent with other enactments.—Any rule made under section ;i, mid any orilrr made under imy such rule, shall have effect ^notwithstanding anything iiicoiiniytent therewith contained in any enact- ment other Lhttii the Jilasenl.ml bupplies [Temporary Powers) Act, 1946 (XXIV of 1U40), or tins Ordinance or in any instrument having effect by viitue of any enactment otiier liian the Act aforesaid or this Ordinance.

5. Special powers to control civilian personnel employed la connection with Hia Majesty's Indian forces.—The Ontinl Government may, by notification in the official Gazette, direct by general or special order that any persons who, not boing membeis of His Majesty's Indian forces, are attached to, or employed with, or following, those forces, shall bo subject to military, naval or air force lfiw, twirl th'Tvui"'?! such persons shall be subject tu discipline, and liuble t o' punishment, tui- i-ujin.-eR, under the Tndiim Amiy Act, 1911 (VIII of 1911), the Indian Nuvy (Discipline) Act, 1934 (XXXlV of 1934), or the Indian Air Force Act, 15j:~;2 (XIV of liKW), us the case may require, as if they were included- in such class of persons subject to any of those Acts as may be specified in the notification.

6. Enhanced penalties.—[1) If any peison, with intent to wage war against His Majesty or to assist any persons waging war with His Majesty, oontravenes any provision of the rules made under section 8 or any order issued under any sucn rule, he shall be punishable with death, or transportation for life, or imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(2) If any person.—

(a) contravenes any such provision of, or any such rule or order made under, the Indian Aircraft Aet, 1984 (XXII of 1934), as may be notified in this behalf by the Central Government, or

(b) in any area notified in this behalf by a Provincial Government, contravenes any such provision of, or any such rule made under, the Indian Arms Act, 1878 (XI of ]878), the Indian' Explosives Act, 1884 (IV of 1884), or the Explosive Substances Act, 1908 (VI of 1908), as may be notified in this behalf by the Provincial Government,

he shall, notwithstanding anything contained in any of the aforesaid Acts or rules made thereunder, be punishable with imprisonment for a term which may extend to five years, or, if his intention is to wage war against His Majesty or to assist any persons waging war with His Majesty, with death, transportation for Jife, or imprisonment for n term which may extend to ton years, and shall in either case also be liable to fine.

(3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet or does any act preparatory to a contravention of, a provision of uny law, rule or order, shall be deemed to have contravened that provision.

,

7. Amendment ot certain Acts—-y) Section 5 of the Indian Official Secrets Act, 1923 (XIX of 1923), shall have effect as if—

(a) in sub-section {1) thereof, after the words "in such a place" the words "or which relates to, or is used in, a protected area, as defined in the ruloH made under the Public Safety Ordinance, 1948, or relates to any- thing in such an area" had been inserted; and

(6) for sub-section (4) thereof, Mi" following sub-section had beun substituted, namely: —

"(4) A person guilty ol' an offence uu'der this section ahull be punishable with imprisonment iVn- a term which may extend to five years, or, if such oliunce is committed -nth intent to wajje war against His Majesty or lo assist iiu> J_JOJ,^'n\S 'vugiiig war with His Majesty, with death, or transportation for lil'e, nv imprisonment for a term which may extend to ten years, and shall in either eaB0 also be liable to fine--."

(#) Section 12 of tho Indian Official Sec/ets Act, 1"28 (XIX of l'J2Sj shall have effect as if after clause (a) the following clmise had been inserted, namely: —

"(aa) an offence under section r> shall be a cognizable and non-bailable offence".

(3) The Indian Press (Emergency Powers Act, 1931 (XXIII of 1081) shall have effect as if in sub-section (1) of section 4 thereof, after clause jfi) the following word and clause had been inserted, namely: —

"Or

(fab) directly or indirectly convey any 'confidenti.'il information' or any 'prejudicial report' as defined in (he rules made under the Public Safety Ordinance, 1948, or are calculate.I to instigate the contravention of any of those rules,",

(4) The Indian Aircraft Act, 1034 (XXII of .1934) shall have effect as if—

(a) at the end of clausa (/) of Biib-Bwiioii [2) of section 5 the follow- ing words had been inserted, lmmeh • —

"including the inking of Hteui, neceysnry to securti compliance with, or to prevent contravuntion of, (he rulua regulating such mattoi-H, or, where any such rule has been contrnvpiind, to rectify, or to enable proceedings to be taken in respect of, such contravention";

(b) in. clause (b) of yuh-section (I) of section 8, for the words brackets, letters and figures "clause (h) or clause (i) of sub-soction (X) of section 5", the words, buckets, letters and figures "clauses (d), (6), (h), (,), (k) or (1) ,-,f Hul.-section (9) of section 5, or the corn- mission of an offence punishable under sectiuu 1 1 ," had been substituted;

(o) in section U, after the v^,r,ls "in the air" tho words "or in such a manner as to interfere will, nn,y ot His Majesty's Tndian forces "bins'or aircraft" had bean inserted;

' • -•-

(d) in .section 18 for t he words, brackets, figures nnd letters " c l a u se (i) or olausG (0 of eub-SGctiou (3) of section 5" t he words, brackets figures and letters clauses (c), (d), (c), (/,), (i), (/), (ft) or (I) of s u b - s r r t i .n (>?) of section fi, or p u n i s h a b le und.-r section 1 1" l,a,l been s u b s t i t u t e d; f;rid

(e) section 14 had been omitted.'

(5) The Motor Vehicles Act, 1939 (IV of 1939) (in this Rub-section reformed to as the said Act) shall have effect subject to the following provisions.

"(a) The Provincial Government rrmy—

(1) by general or Bpeciol order in writing exempt from all or nnv of the provisions of Chapter TV of the said Act ant transport vehicle wed pr required for u"fe in connection with, any work or purple d"-

clared by the Provincial Government in the order to be a, work oi purpose connected with the securing of tho public saiety, the main- tenance of publio order, the maintenance of supplies and services essential to the life of the community or the prevention of any grave menace to the security of India;

(2) by the same or like order authorise any authority to issue tumporary permits and givo directions not inconsistent with the othei provisions of the said Chapter in respect of any such transpoH vehicles.

(h) If the Provincial Government by general or special order ir. writing so direots, the provisions ot sub-seotion (2) of section 88 of the snid Act shall have effect in relation to any motor vehiole or class ol motor vehicles specified in the order as if the words 'not being in anj case less than six months' were omitted."

CHAPTER III.

Supplemental.

8. .Ordinary avocations ol life to be interfered with as little aa poB"!ble.— Any'authority or person acting in pursuance of this Ordinanoe shall interfere witt the ordinary avocations of life and the enjoyment of property as little aB may b< consonant with the purposes of this Ordinance.

9. Savings as to o deis.—(1) No order made in exercise of any power con ferred by or under this Ordinance shall be called in question in any Court.

(8) Where an order purports to havij been made and signed by any authority in exercise of any power conFcrred bv or under th;s Ordinance, a Court shall within the meaning of the Indian Evidence Act 1872 (I of 1872), presume tha' such order was so made bv that authority.

10. Protection o* nctioi taken under Ord'nance.—m No unit,, ™-nner?ution oi other legal proceeding shall lie against any person for anvth'ng which ifi in ROOC faith done or intended +o be don*³ in pursuance of th'n Ord'nance or any mle mnd< thereunder or any orders issued under any such rule.

(2) Rave as otherwise expressly provided bv or under th's Ordinance, no sul or other legal proceeding shall lie against the Central or a Provincial Govommen for any damaere caused or lik"lv to bo caused bv anvihincr in good faith done oi intended to be done in pursuance of th's Ordnance or any rules made there under or any orders issued under anv such rule.

11. Powers and functions and legal protection of mll'tary and police forcei of Acceding States when employed on mWtary or police duties In the Prov'nces o; India.—When anv members of the military or- police forces of an Acceding State are, with the authority of tho Central or a Provincial Government, em ployed in any Province of India on military or police duties, then

(a) sections 128, 130 and 1?1 of the Code of Criminal Procedure 1898 (V of 1898) shall apply to officers, non-commissioned officers anc men of the military force of such Acceding State when so employed as i1 they were officers, non-comm'ssfoned officers and Soldiers respectively oj His Majesty's Indian land forces;

(b) any provision of law for the time being in force which invests a police officer in any Province of India with any status, power or function shall operate to invest a police officer of equivaVnt rank in the police force of such Acceding State with the like status, power and function; and foi the purposed of tho Code of. Criminal Procedure, 1898 (V of 1898) im officer in any such force nwt below the rank equivalent to flu* of ft suo-WpWjV

of police in a Province of India •shall be deemed to be an onicer-in-eharge of a police station;

(c) any provision of law for the time being in force whieh gives protec- tion, whetner specificaliy- or otherwise, W> members of His Majesty's Indian military forces or of the police forces in the Provinces of India from or in respect of any prosecution or other legal proceedings or from or iu respect of any other, liability shall apply also to members of the military force or the police force of an Acceding State when so employed.

12. Compensation to be paid in accordance with certain principles for com- pulsory acquisition of immovable property, etc.—(2) Where under section 13 or under any rule made under this Ordinance,¹ any action is " taken of tife nature described in sub-section (^) of section 2,99 of the Government of India Act, 1935, there shall be paid compensation, the amount of which shall be determined in the manner, and in" accordance with the principles, hereinafter set out, that is to say,—

(a) where' the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;

(6j where no such agreement can be reached, the appropriate Govern- ment shall appoint as arbitrator a person qualified under sub-section (3) of section 220 of the Government of India Act, 1935, for appointment as a Judge of.a tffigh Court;

(0) the appropriate Government may, in any particular case, nomi- nate a person"having expert knowledge as to the nature of the property acquired, to assist the arbitrator," and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;

(jl) at tlua commencement of the proceedings before the arbitrator, the appropriate Government and the person to be compensated shall stat" what in their respective opinions is a fair amount of compensation; _

(e) the arbitrator iu making his award shall have regard to?—

(i)#the provisions of sub-section (1) of section 23 of £he Land Acquisition Act, 1894 (1 of 1894), so far as the same can be made applicable; and

• ' (ii) whether the acquisition is of a permanent or temporary character; (/) an appeal shall lie _ to the High Court against an award of an arbi- trator except in cases where the amount thereof does not exceed an amount prescribed in this behalf by rule made by the. appropriate Government; (g) save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section.

(#) • The appropriate Government may make rules for the purpose of carrying into effect the provisions of this. section.

(3) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe—

(a) the procedure to be followed in arbitrations under this section; (6) the principles to be followed in apportioning the cost of proceeding!

before the arbitrator and on appeal;

j (c) the maximum amount of an award against which no appeal shall lie 18. Power to acquire requisitioned property—(1) Without prejudice to an? power to acquire property conferred by any rule made under this Ordinance

any immovable property which has been requisitioned under any rule so made may, in the manner provided by any such rules for the acquisition of property be acquired in the circumstances and by the Government hereinafter specified namely,—•

(a) where any works have, during the period of requisition, beer constructed on, in or over the property wholly or partly at the expense oi any Government, by that Government if it decides that'the value of, 01 the right to use, such works shall by means of the acquisition of the pro- perty be preserved or secured for the purposes of any Government, or

• (6) where the cost to any Government of restoring the property to its condition at the time of its requisition as aforesaid would, in the determina- tion of that Government be excessive having regard to the value of the property at that time, by that Government;—

and at the beginning of the, day on which notice of such acquisition is served or published under the aforesaid rules, the immovable property shall vest in the acquiring Government free from, any mortgage, pledge, lien or similar encumbrance, and the period of the requisition thereof shall end. u i$L A^J d e c i s i?n, or determination of a Government under sub-section (1) {{^{{FOOTNOTE }}}} ¹

shah be final, and shall not be called in question in any Court.

(3) For the purposes of this section "works" includes buildings structures and improvements of the property, of every description.

11. BalMM from requiSition.-(l) Where any property requisitioned under

f • any rule made under this Ordinance is to be released from such requisition the Government by which or under whose authority the property was requisitioned or any person generally or specially authorized by it.in this behalf may after such enquiry, if any, as it or he may in any case consider it necessary to make or cause to be made- specify by order in writing the person to whom possession of the property shall be given. •

(8) The delivery of possession of the property to the person specified in an

v l J W T reu T ^er .s u b-s e o t l on W ⁸lla¹¹ be a f"l discharge of the Government from all liabilities in respect of the property, but shall not prejudice any rights in respect of the- property which any other person may be entitled by due process of law to enforce against the person to whom possession of the propertv is given.

C. EA.JAGOPALACHAEI,

Governor-General.

K. Y. BHANDAEKAE, Secy, to the Govi. of India.

PtnrasHBD BI TUB MANAGKB or PrtBucAijtma, DKLHI INDIA PBINTIB w TOW MANAGES GOVKBNMKNI OF INDIA Passs, N"w P p u a, ixott