REGISTERED No. D. 221
The Fazette of Endia
EXTRAORDINARY
PART II- Section 1
PUBLISHED BY AUTHORITY
No. 49 ) NEW DELHI , SATURDAY , NOVEMBER 3 , 1962 / KARTIKA 12 , 1884 (Saka)
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 3rd November , 1962 / Kartika 12 , 1884 ( Saka)
THE DEFENCE OF INDIA ( AMENDMENT )
ORDINANCE , 1962
No. 6 OF 1962
Promulgated by the President in the Thirteenth Year of the Republic of India .
An Ordinance to amend the Defence of India Ordinance , 1962 .
WHEREAS the President has declared by Proclamation under clause ( 1 ) of article 352 of the Constitution that a grave emergency exists whereby the security of India is threatened by external aggression;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW, THEREFORE , in exercise of the powers conferred by clause ( 1) of article 123 of the Constitution , the President is pleased to promulgate the following Ordinance : -
1. ( 1 ) This Ordinance may be called the Defence of India (Amendment ) Ordinance , 1962.
Short title and commence- ment.
(2 ) It shall come into force at once .
( 351 ) [PART 11 THE GAZETTE OF INDIA EXTRAORDINARY
352
2. In the Defence of India Ordinance , 1962 ( hereinafter referred to as the principal Ordinance ) , in sub - section ( 2) of section 3- Amend- ment of section 3 of Ord. 4 of 1962 .
(a ) in sub - clause ( j ) of clause ( 9 ) , after the words ' civil defence' , the words ' the public safety ' shall be inserted ;
(b ) after clause ( 13 ) , the following clause shall be inserted , namely: -
" (13A ) notwithstanding anything in any other law for the time being in force ,-
(i ) 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 , sus- pects , on grounds appearing to that authority to be reasonable , of being of hostile origin or of having acted , acting, being about to act or being likely to act in a manner prejudicial to the defence of India and civil defence , the security of the State , the public safety or interest , the maintenance of public order , India's rela- tions with foreign States , the maintenance of peaceful conditions in any part or area of India or the efficient conduct of military operations , or with respect to whom that authority is satisfied that his apprehension and detention are necessary for the purpose of prevent- ing him from acting in any such prejudicial manner ,
( ii ) the prohibition of such person from entering or residing or remaining in any area , and
( iii ) the compelling of such person to reside and remain in any area , or to do or abstain from doing anything; " .
3. In section 6 of the principal Ordinance , for sub- clause ( a) of clause ( 1 ) , the following sub- clause shall be substituted , namely: - Amend- ment of section 6 .
" (a) in sub - section ( 1 ) of section 5 thereof , after the words 'in his possession or control' , the words ' any information likely to assist the enemy as defined in the rules made under the Defence of India Ordinance , 1962 , or ' had been inserted ; and after the words ' in such a place' , the words ' or which relates to or is used in , a protected area as defined in the rules made under the Defence of India Ordinance , 1962 , or relates to anything in such area , ' had been inserted . " .
S. RADHAKRISHNAN ,
President .
SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY
353
THE COMPANIES ( AMENDMENT) ORDINANCE , 1962
No. 7 OF 1962
Promulgated by the President in the Thirteenth Year of the Republic of India .
An Ordinance further to amend the Companies Act , 1956 .
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW, THEREFORE , in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :-
1. ( 1 ) This Ordinance may be called the Companies (Amend- ment) Ordinance , 1962 .
Short title and commence- ment.
(2 ) It shall come into force at once .
1 of 1956.
2. During the period of operation of this Ordinance , the Com- panies Act , 1956 , shall have effect as if after section 293A, the following section had been inserted, namely : -
Insertion of new section 293B.
" 293B . The Board of directors of any company may , not- withstanding anything contained in sections 293 and 293A or in the memorandum , articles or any other instrument relating to the company , contribute such amount as it thinks fit to the to National Defence Fund or any other Fund approved by the Central Government for the purpose of national defence. " .
makecon- Power of Board to tributions National Defence Fund , etc.
S. RADHAKRISHNAN ,
President .
R. C. S. SARKAR,
Secy . to the Govt . of India.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVT . OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1962 .