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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, SEPTEMBER 16, 1943

(GOVERNMENT OF INDIA

MINISTRY OF DEFENCE

NOTIFICATION

New Delhi, the 16th,. September 1948

No. 16/24-A.— In exercise. of the powers conferred by section 3 of the Public Safety Ordinance, 1948 (XXIV of 1948), the Central Government is pleased in make the following rules:—-

PART I

CONTROL OF TELEGRAPHY, POSTAL COMMUNICATIONS, ETC,

1. Control of wireless telegraphy.—-(1) In this rule, "telegraph has the same meaning as in the Indian Telegraph Act, 1885 (XIII of 1885), and "wireless telegraphy apparatus" has the same meaning as in the Indian Wireless Tele- graphy Act, 1938 (XVII of 1938)

(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885 (XIII of 1885), or the Indian Wireless Telegraphy Act, 1933 (XVII 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 tele- gcapli or possessing the apparatus, and the occupier of the premises on which the telegraph of 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, maintain- ing or working of a wireless to egraph or the possession of wire ess telegraphy apparatus by some other person in contravention of an order made under sub- rulo (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, with- out his permission, and that he exercised all duo diligence to prevent any con- travention of the order.

(4) Any member of His Majesty's Indian forces or any other person authoris- e-d 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

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perw.n to be necessary for securing compliance with'any order made under sub- rule (2), or where a contravention of such an order lias 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 (3.VII of 1933), or of the rules made thereunder, he shall be deemed to have contravened the provisions of this rule.

(6) An officer authorised by the Central or a Provincial Government in this behalf may seize any wireless telegraphy apparatus v.hich 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, (XVII of 1933) and keep it in safe custody subject to the orders of any Court under this rule 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 mav extend to five years or with fine or with both.

(S) 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 lie hns effective control.

(9) If in the trial of an offence under this rule the accused is convicted, the Court shall decide whether any wireless telegraph or wireless telegraphv apparatus in respect of which an offence has been committed should be con- fiscated, and, if it so decides, may order confiscation accoidingiy,

2. Control of telephones and telegraphs.—(1) The Director-General, Posts and Telegraphs, or any person authorised by him in this behalf, may by order—

(a) direct—•

(i) that any public telephone call office .shall be closed to the public for such period as may be specified;

(ii) that any subscriber's telephone connexion to any exchange shall be cut off for such period as miy be specified;

(iii) where a direction has been given under sub-clause (ii), that rhe 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 bv order in writing may listen in to all conversations or any specified conver- sation over any telephonic sy,si"iu:

(b) make provision for suspending or regulating the use otherwise than for Government purposes, of am te'egraph or telephone service in any area specified in the order;

(e) assume the control or direction, or direct any j>orson to assume the control_ or direction, of any private telephone exchange or nnv connexion 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 tu six months or with fine or with both.

. 3. Power to detain or paraphrase telegrams—Notwithstanding anything contained m subjection (1) of section 5 of tk Indian Telegraph Act. 18sl (Kill of 1885), any person appointed by the Central Government to be a censoi may—•

; . (a) order that any telegraphic message or class of messages to or frorr any person or class of persons, or relating to any particulaj subject, brought for transmission In, ov transmitted"or received

by, any telegiaph, shall not oe 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 o£ 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 security of India;

(d) order the transmission of any telegraphic message by a route, different from that prescribed by the sender.

4. Possession and use of means of secret communicaiicn.— (11 Subject to the provisions of this rule, no person shall, except with permission granted by iho Central Government, send or convey by post or otherwise from any p ace in India to any destination outside India, or to any destination in India from any place outside India,—

(a) any instructions far 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.

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(2) The piovisions of sub-rule (1) shall not apply to—

(a) the sendicfc- of instructions for utilising any'cipher or code the use of which is approved by notified order of the Central Govern- ment; or

:

(b) the sending, in accordance with conditions imposed by the Central Government, of any telegraphic message in suuh cipher or code; or (c) the sending of any document conveying or recording information by means oi such cipher or code, being a document which specifies in cleor the cipher or code used.,

(li) 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 of communica- tion therein, and thereupon the provisions of sub-rule (1) shaJ 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, substance, document or other article as is mentioned in sul-rule (1) shall, if required by the Central Government by a written order so to do, deliver up those instructions or that substance, document or other article tu 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 i>erson 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 punishaMe with imprisonment for a term which may extend tc three years or with fine or with both. z

5. Control of postal communications.—(1) For the purpose of this rule and o£ rule fi, the expression "postal article" includes a letter, imst-card, news- paper, Look, pattern or sample packet, parcel and every article or thing trans- missible by post, and a money order.

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(V) i ' he Central Government m a y, by genertti w/ bpceiul order, either gene- rally Of WiUl itiOiOii^U 10 UiiJ iHlll.OL. al p-ilC_ WlLl-lall 01 VWLiiUUL lllUili, pl'Oli.lOit, ruj^Uiiiie, l'LbViL't or nnpose coiuhuonB upon tJie receipt or transmihijioji iut or dibjjiiLcU U'om, Inuia (JJ- uiij puai.n uiuieic oJ. ol uny CIJWO or Uosoiipuon oi postJl uruoieb.

(J_) Any order made under bub-rule ('JJ may, \utli u view "to securing Com- pliance tnerewun, pjovide lor LJJO interception, detention und >.j.\+Uuiiiati>Hi of tiie coiitcnti oi u'ly po.ilui uj't^iOB uy sucii uuliiurineri una m sucli circuiudiuiiL'tib (is iuuy bt; tpccjliLd m Uii; o r d t r.

{4:) li' un_y ptJbuii conLi'uvwjL'b un.y order made undor tliis rule, he tball be pu.1u3nub.le, wiLH uupiiriouiiitriiL ior a ivTm uliioii u uy extend to tljieo \ettrs or "wiLJi n ue or with IIOLII, uud, u Uie order BO pfoviaee, any Court li'.Miig Buoli L'outruveiition may Uirtul lilac oiiy pu.iuu UIUCJO, JM jt'^ptcb ui wmeii iiie i^ourl it sutiiatied thut line oidur uat, l,utn ountrnveiiod., yiiaJl bo icrloned to iiiB' M-ajebtj.

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t). Power to intercept and censor postal articles,- -{!) NyUviUiBtandiiig a;iy- thing ayuiaaiea m aeeuoii '^u oi U)i) Judjaii 1'osL Uliiee AcU, 1B98 (Vi oi Ibijdj, any ptraoii uppoiuted uy ttio Lencrui UovernjueuL lo be a eeiit,or may—

(a) order tbat aay postul article or ciiia^ or description of pobtal artiolet; in coui'do ot iniiL-iiii.ss-on by pott psball be intercepted or delauiod or siiail bu aiH|juHti.l ol m Mien manner as the cousor may direct;

(b) open uud examine vlie eontentK of auy pontal article, and delete, desiroy ortrotuove any part tliei\'of which tlie eensor uonsidera to be prejudicial to tue public: gaiety or interest or to the beeurit^ ^ of Inaiu.

(2) Any person who delivery any postal article for tranBmisB'.ou, either by oil aidiiecL roiue or oLhtsrwiae, in such a manner a^ is ua.euJuted to ^vada' examination by a eent.or, sJnui bo punishable with imprisonment which may extend to rive yearn or with fine or with both.

7. Power to prohibit, and to search, etc., travellers conveying non-postal correspondence.—(1) In this rme,—

"photograph ' includes any photographic plate, photographic film or oihur sensitised arhi'ie winch hua been exposed in a camera whether such plate, hnn or other article has been developed or not.

(2j The Central Government may, by order make provision lor scouring that, subject to any exemptions fur whuh provision may be made by the order, and except m accordance with such conditions us may be contained therein, n*' Oracle wnalsoever recording iiiiormatiou und no document, pictorial representa- tion, photograph or gramophone record, shall be sent or conveyed, otherwise thtui by post, into or Irom India.

(3) No person shall have uny article in his possession for the purpose of sending or conveying it in contravention of an ordtv made under suo-rule (2).

(4) Any prohibition or restriction imposed by an order mada under sub-rule (2) on the sending into, or convey.ng from, India of articles, shall be deern-3-d to IIQVO been imposed under se.tion 19 of the Beu Customs Act, 1878, and all the proviHon.4 of that Act ahidl have effect accordingly;

(5) Any oliicer of customs may, fur the purpose of carrying into effect the prov.sioiiE of this rule, take such steps (including the subjection of Ihe article in any process) as may be reasonably necessary for ascertaining whether an article does or does not reeoid any mlonuatiuu.

(0) The Centrnl Government or the Provincial Government may hy order authorise any person for tin' pin poses of this rule to exercise the powers, and jjei'i'orin the duties, conferred or imposed on a Customs-collc-tor or any subord.nate office]' of customs by the Sea. Customs Act, 1878.

PAUT II

HEQUISITIONING ANP CONTUOL OF AIRCRAFT

8. (l! The Central Government, subject to the provisions of sub-rule (2), may by order in writing requisition—-

(a) any aircraft in India and anything on board or forming part of any aircraft in India;

(b) any aircraft reg stored under the Indian Aircraft Act, 1034 (XXII of HUM), or anything on board or forming part of su?h an aircraft wherever such aircraft may be;

(c) any machinery, plant, material or thing used for the operation, manufacture, repair or maintenance of aircraft,

and may give such further orders as appear to the Central Government to be neoi'hRury or expedient in connection with the requ sitiuuing.

(2) Where the Central Government baa requisitioned any aircraft under sub-rule (1) the Central Government may see or deal with the airendt for Huch purpose and in such manner as may appear to it to be expedient, and may acquire it by serving on the owner or person having the management thereof or where the owner or person having tho management thereof is not readily tracoable or the ownership is in dispute, by publishing in the official gazette a notice stating that the Central Government has acquired it in pursuance of this rule

Where such notice ot acquisition is served on the owner or person having (ho management of the aircraft or, uH the case may be, published in the official gazette, then at the beginning of the day on which the notice is so served or published the'aircraft shall vest in tho Central Government, free from any mortgage, pledge, lien or other similar obi gation, and (he period of the requisi- tion thereof shall end.

(;<) The Central Government may by order require the ov-ner, or the person having the management of, any such aircraft or thing as is referred to in sub- rule (1) to furnish to such authority as may he specified in the order fuch information in his poseeRs on relating to the said aircraft or thine; (being informa- tion which may reasonably be required of him in connexion with the execution of this rule) as may be eo specified.

(4) If any person contravenes any order made under this mle, bo shall be punishable with imprisonment for a term which may extend to three years or with fine- or with both.

9. Compensation for requisitioning or acquiring any aircraft (1) Whenever in pursuance of rule 8 any aircraft is used, requisitioned or acquired by, or otherwise placed at the disposal or under the control of, the Central Govern- ment and the circumstances are not such as to render the provisions of Section 12 of the Public Safety Ordinance, ]948, applicable, tho owner of such aircraft shall be paid such compensation for any loss lie may have sustained as a result of such use, requisition, acquisition, disposal or control, n.g may be fixed h< accordance with the provisions of thla rule.

(2) In default of agreement, between the Central Government and the owner of the aircraft, the Central Government shaJi, oy general or special order, specify the authority or person to vshieh or vaom any claim for compensation- shall be submitted and the authority or person by which or whom any such claim shall be adjudged and awarded.

(3) The Central Government may further by general or special order prescribe the conditions to which the authority or persons responsible for adjudging or awarding claims for compensation shall have regard when determining the amount of compeusat'on payable, and may p.ve such supplementary orders as to the assessment and payment of compensation as may appear to it to be necessary or expedient.

10. Power to take up accommodation in aircraft.—(1) The Central Govom: ment may, by order in writing, require the owner or the person having tht management or the n:'ot of any aircraft registered under the Indian Aircraft Act, 1934 (XXII of 1934)—,

(a) to place at the disposal of Government the wholo or any part of the space or accommodation available in or on such 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

(b) to undertake or permit to be undertaken such structural additions or alterations to such an aircraft as may be necessary to fit it for the safe carriage of any persons, animals or things.

(2") Whenever in purstiance of clause (a) of sub-rule (1) any space or accommodation in any aircraft is placed at the disposal of the Central Govern- ment and the circumstances are not such as to rer.der the provisions of Section 12 of the Public Saftey Ordinance, 194b, applicable thc owner of such aircraft shall bp paid therefor at such rates as the Central Government may by order made in this behalf determine.

(3) Whenever in pursuance of clause (b) cf sub-rule (1) the Central Government requires any structural additions or alterations to be under- taken on board any aircaft, the owner of such aireralt, shall be paid actual cost of such additions or alterations.

(4) If any . order made under sub-rule (1) is contravened. the pilot cf the aircraft and the owner or other person having the management thereof shall each be deemed to have contravened such order and shall be punishable with imprisonment for a term wbieh may extend to three years or wilh fine or with both.

11. Stopping of aircraft.—(1) Any person authorised in this oehalf by the Centra] Government may, if it appears to that person to be necessary in the interests of the public saftey so to do, order, with respect to any particular aircraft at any place in India, that the a'reraft rhall 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 (•"), if any aircaft leaves or at- tempts to leave any place in contravention of any such order as aforesaid, the p:lot of the aircraft shall b'e pun'shob'e with imnrsomnent for a term vhich may extend to three years o- with fine or with both.

(3) Any order made under this rule shall cease to have effect ninety-sW Hours after the time at which it is made, unless in the meantime it Iras been confirmed by the Central Government.

12". Power to restrict tlxs transfer of aircraft.—(1) No person shall without the previous consent in writing of the Central Government transfer any interest in auv aircraft registered under the Indian Aii craft Act, 193-1 (XXII of 1934), wherever such aircraft may bo whf-tber tlie c> rtifieate of registration of such air- craft is in force or not, or in auv part of an aircraft, or in tiny materials identi- fied/ under any system recognised by the Director General of Civil Aviation in India, for the purpose of the construction of aircraft.

(ti'i 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 provision 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.

13. Enforcement of provisions of tlie Indian Aircraft Act and Rules.—The pilr>t of any aircraft living in contravention of any provision of, or of any rule made under, the Indian Aircraft Act, 1934 (XXII of 1934), shall, on being warned in the manner prescribed by the rules made under that Act, immediately land, and if such p;lot fails to comph with such warning as aforesaid, any commissioned officer of His Majesty's Indian forces may take or cause to be taken such action ns may be, necessary to terminate the flight.

PART III

MISCELLANEOUS

14. Obstructing lawful authority.—If any person voluntarily obstructs or offers any resistance to, or impedes or otherwise interferes with,—

(a) any meinbor of His Majesty's Indian forces acting in the course of his duties 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 pursu- ance of these Rules, 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.

15. Offences by corporations.—If the person contravening any of the provi sions of these Rules or of any order made thereunder is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless ho proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contraven- tion, be deemed to be guilty of such contravention.

10 Cognizance of contravention of rulss, etc.—(1) No Court shall take cognizance of any alleged contravention of these Rules o>- of any order made thereunder, except on a report in writing of the facts stating such contraven- tion 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.

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17, Power to give effect to Rules, orders, etc.—Any authority, ofl&eetf 01 person who is empowered by or in pursuance of any of these Rules to make aay' order, or to exercise any other power may, in addition to any tfther^afitMBMNH- c-.ribed by or under these Eules, take or cause to be taken, such sfe|M-SHjIIPaae, or cause to be used, such force as may in the opinion of such authority, oflteer or person, be reasonably necessary for securing compliance with, or for, 'thai preventing or rectifying any contravention of such order, or for the effeo*i"B exercise of such power.

ii 'nil *^~ t Mill 1 BW

PUBLISHED BY THE MANAGER OF PUBLICATIONS, DfitHt, I*TDU.