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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 108] NEW DELHI, MONDAY, NOVEMBER 5, 1962/KARTIKA 14, 1884

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 5th November 1962

THE DEFENCE OF INDIA RULES, 1962

. G.S.R. 1465.—In exercise of the powers conferred by section 3 of the Defence of India Ordinance, 1962 (4 of 1962), the Central Government hereby makes the following rules, namely:—

PART I

PRELIMINARILY 1. Short Title.—These Rules may be called the Defence of India Rules, 1962.

2. Definitions,—In these Rules, unless the context otherwise requires:—

(1) "enemy" means any person or country committing external aggression against India;

(2) "enemy territory" means—

(a) any area which is under the sovereignly of, or administered by, or for the time being in the occupation of, a country committing external aggression against India and a country assisting the country com- mitting such aggression:

(b) any area which may be notified by the Central Government to be enemy territory for the purposes of these Rules or such of them as may be specified in the notification;

(3) "notified" and "notification" mean notified and notification respectively In the official Gazette;

(4) "Ordinance" means the Defence of India Ordinance, 1962 (4 of 1962);

(5) "prescribed" means prescribed by any order, direction or regulation made or given in pursuance of any of these Rules;

(6) "prisoner" means any person captured in the course of military operations;

(7) "prohibited place" means a prohibited place as defined in clause (8) of section 2 of the Indian Official Secrets Act, 1923 (19 of 1923);

(8) "protected place" means a place declared under rule 7 to be a protected place;

(9) "protected area" means an area declared under rule 8 to be a protected area;

( 577)

(10) "public servant" includes any public servant as denned in the Indian Penal Code (45 of 1860) and any employee of any Railway, administration or of any autonomous organisation engaged in work which is considered by the Central •Government to be work of national importance;

(11) "State Government" in relation to a Union territory means the Administra- tor thereof.

3. Interpretation.—(1) The General Clauses Act, 1837 (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, s:rvants, 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.

4. Saving.—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 b;half expressly providing tlie contrary shall apply to any- thing 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.

5. Non-compliance with these Rules or orders made thereunder.—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 auch provision relates, or in respect of which such order la made—

(a) fails without lawful authority or excuse, himself, or in respect of any land, building, vehicle, vessel, aircraft or other thing of which he Is in occupation, possession or control, to comply, or to secure com- pliance, with such provision or order, or

(b) evades, or attempts to evade, by any mean3 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 PREMISE'S AND AREAS

6. Prohibited Places.—(1) No person shall, without the permission of the Central Government or the State Government, enter, or be on or in, or pass over, or loiter in the vicinity of, any prohibited place.

(2) Where in pursuance of sub-rule (1) any person is granted permission to enter, or to be on or in, or to pass over, a prohibited place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the Central Government or the State Government.

(3) Any police officer or any other person authorised in this behalf by the Central Government or the State Government, may search any person entering, or seeking to enter, or being on or in, or leaving or passing over or seeking to pass over, a prohibited place, and any vehicle, vessel, aircraft or article brought in by such person and may, for the purpose of the search, detain such person, vehicle, vessef aircraft and article:

Provided that no female shall be searched in pursuance of this sub-rule except

by a female.

(4) If any person is in a prohibited place in contravention of this rule, then, without prejudice to any other proceedings which may be taken against him, he

.may be removed therefrom by any police officer or by any other person authorised in this behalf by the Central Government or the State Government.

(5) If any p?rson is in a prohibited place in contravention of any of the pro- •vlslons of this rule, he shall be punishable with imprisonment for a term which may exteild to three years or with fine or with both.

7. Protected places.—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 persona, -that Government may by order declare that place, or, as the case may be, every place of that class, to be a protected place; and thereupon the provisions of the "Indian Official S 'crets Act, 1923 (19 of 1923), shall have effect in relation to such place or places as if references therein to a prohibited place and Vic Central ^Government were construed as references to a protected place and the Govern- ment making the declaration and the provisions of rule 6 shall have effect in •relation to such place or places as if references therein to a prohibited place were -construed as references to a protected place.

8. Protected Area,—(1) If the Central Government or the Statp 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 Hules.

(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 undT 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 p otected area, aid any vehicle, -vessel, aircraft or article brought in by such person and may, for the purpose of the search, detain such person, vehicle, vessel, aircraft and article:

Provided that no femalf shall be searched in pursuance of this sub-rule except fcy a female.

(4) If any person is in or passes over a protected area in contravention of the provisions of this rife, then, without prejudice to any other proceedings which may be tak n against him, he may be removed therefrom by or under the direction of any pol'ce officer or any member of the Armed forces of trie Union on duty in Ihe protected area.

(5) If anv person is in a protected area in contravention of any of the pro- •vibions of this rule, he shall he punishable with Imprisonment for a term which •may extend to three years or with fine or with both.

9. Forcing or evading a guard.—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 purpo.se of protecting or of prcv.ntmg or fontrolling access to, such place or area, or

(b) after taking precautions to conceal his entry or attempted entry from

any such person,

Khali be punishable with imprisonment for a term whic'i may extend to s ven years.

10. Orders for certain places and areas.—(1) Without, preiudice to the pro- visions of any other rule, the Central Government or th > State Government, as .respeel a—

(a) any prohibited place,

380 THE GAZETTE OF INDI\ EXTRAORDINARY [PARF IT

(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 main- tenance 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 arja 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 be,n convicted of—

(i) any contravention of the provisions of these Rules, or (ii) any offence against public ordbr or decency;

(b) for requiring the presence of any person or class of persona 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- mentiqned 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 presciibed 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 modifica- tions 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 b? 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 fins, or with both.

11. Trespassing on certain premises.—(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 oft 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 autho- rised 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 sucti 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 tnat at the material time ne was present in, or in the vicinity of, the premises, veniciev,

vessel or aircraft concerned, the prosecution may thereupon adduce such evidence of the character of that person (including evidence of his having b.en 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 imprlsonmt'iH lor a term which may extend in the case of a con- traveniion r,£ sub-rule (3) tu seven years and in any other case to three years, or with fine or vvltn both.

12. Loitering near certain premises.—(1) No person loitering in the vicinity of any prohibited place or protected place or of any such premises, vehicle, vessel or aircraft as are referred to in sub-rule (1) of rule 11 shall continue to loiter in that vicinity afler being ordered to leave it by any police officer or any other person, at UnR on bun.Vif o! Government or by the person in occupation of the said pre- mises .nr beinj{ In charge of the said vehicle, vessel or aircraft, or any person autho- rised by him.

(2; If any peison contravenes the provisions of sub-rule (1), he shall be purish- able with imprisonment for a term which may extend to three years or with fine or with both.

13. Power to close roads, etc.—(1) The Central Government or the State Gov- ernment may, by order, prohibit or restrict for such period as may be specified in the ordti-,—

(a) tht 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

CONTHOl, OF SIGNALLING, TELEGRAPHY, POSTAL COMMUNICATIONS, ETC.

14. Piehibltion of siffnalHngr.—(l) Save as hereinafter provided, no person shall make any signal, either v^ually 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 be- half, Is intended to be received by a person outside the external land irontters of India :

Provided that the preceding prohibitions shall not apply to the making of any signal with permission granted by or on behalf of the Central Government, or of any signal for the purpose only of saving lift, or of regulating or aiding the navi- gation, 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, cither visually or otherwise, intending or knowing it to be likely that the signal may mislead any member of the Armed Forces of 1he Union or any other public servant, acting in the course of his duty as such member or public se'vant.

(3) If anv person conti'fivrness any of the provisions of this rule, he shall be punishable with impiisonmmt for a term which may extend to five years or with fine or *ith both

15. Control of slffnallinff apparatus.—(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 ocrson shall, except with permission gianted by the Central Government, use or have in his possession or under hip 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 a3 defined In the Indian, wireless Tele- graphy Act, 1933(17 of Ib33), or

(b) any apparatus forming part of the equipment of any vessel or air-craft,. being an apparatus which Is required for the malting of any such signal. as is mentioned in the proviso to sub-rule (1) of rule 14.

(3) In any proceedings arising out of an alleged contravention of any of the provisions of this rule, it shall be a defence for the accused to prove that at the date of the alleged contravention, application had been made by him for the first time for the necessary permission In relation to the apparatus or contrlvence in, respect of whith the pioceedings are taken, and that the application was still pend- ing 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.

16. Control of landmarks etc.—(1) In any area notified in this" behalf by the Central Government, or the State Government, that Government may, if in its" epinion, it is necessary or expedient for the efficient conduct of military opera- tions or the detence of India,—

(a) by general or special order prohibit the use display or possession of any artlcle 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 land- mark or as a means ot transmitting or conveying In any way any messnge or Information to the enemy:

(b) by order direct the person having control of any such article as afore- said 1o 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 otherr action in relation to it as may seem expedient to that Government,

(2) I£ 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 yejrs or with fine or with both.

17. Control of Wireless telegraphy.—(1) In this rule, "telegraph" has the same- meaning as in the Indian Telegraph Act, 1885 (13 of 1885), and "wireless tele- graphy apparatus" has the same meaning as in the Indian Wireless Telegraphy Act, 1933 (17 of 1933).

(2) Notwithstanding anyihing contained in the Indian Telegraph Act, L885 (13 c-1 1885), or the Indian Wireless Telegraphy Act, 1033 (17 of 1933) or In the rules made uudpr ell her of those Acts, the Central Government may, by general or special order, prohibit or regulate the establishing, maintaining or working of any wireless teleyrt-iph or the possession of any wirelss telegraphy apparatus.

(3) If any wir!e;,s telegraph is established, maintained or worked, or any wire- less teiegraphy apparatus ib possessed, in contravention of an order made under sub-rule (2). the person so establishing, maintaining or working the telegraph or possrsfing the atJinratus, and the ocupler ot the premises on which the telegraph: Cr apparatus is filuated, 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 ea<_h be deemed to have contravened the order:

Provided thnt, tn any proceedings which, by virtue of the provisions of this sub-rule, are taRen againsi any person in respect of tbe establishing, maintaining or working of a wireless telegraph or the possession of wireless telegraphy appa- ratus by suni" rVliPi- 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 autho- rised 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 enab- ling proceedings in respect of the contravention to be taken.

(5) If any peTson has in his possession any wireless telegraphy apparatus, in contravention of any of the provisions of the Indian Wireless Telegraphy Act,, 1933 (17 of 1033), or of the rules made thereunder, he shall be deemed to have contravened the provisions of this rule.

(6) An officer authorised by the Central or a State Government in this behalf may s=ize 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 1033), 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.

(81 For the purposes of this rule a court may presume that a person possesses wireless telegraphy apparatus if such apparatus it. under his oslcn.3ible 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 wLeless telegraph or wiieless telegraphy apparatus In respect of which an offence has been committed should be confis- cated, and, if it so decides, may order confiscation accordingly.

18. Requirement to disseminate specified matters,—(1) The Central Govern- ment or the State Government may by order require the person in possession or having the control of any wireless receiving apparatus m respect of which a commercial broadcast receiver licence is in force to u s; the same for the dis- semination to the public at such time and in such manner as may be specified jn 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.

19. Control of telephones and telegraphs.—The Director-Genera], 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 thall be cut of! for such period as may be specified;

fiii) where a direction has been given under sub-clause d i ), that s.ub- sciibcr 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 ivrit- ing may listen in to all conveisalions or any specified conversa- tion over any telephone system;

(b) make provision for suspending or regulating the u^c 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 con- nexion 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.

20 Power to detain or paraphrase telegrams.—Notwithstanding anything con- tained in sub-section (1) of section 5 of the Indian Telegraph Act, 1885 (13 of iab5), 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 pe.sons, 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 detain- ed or shall be disclosed to tho censor or to any other officer of Government mentioned in the order;

(b) paraphrase the wording of nay telegraphic message suspected of con- veying a secret meaning and order the transmission of the message as so paraphrased;

(c) delete any part of a telcg] aphic message which he considers to bfe 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 diffeient

from that prescribed by the sender.

21. Possession and use of means of secret communication.—(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, receiv-

ing 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 Cential 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 aulhority or person as may be specified in the order.

(5) Nothing in sub-rule (4) shall be taken to prevent the prosecution of iny 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, >e punishable with imprisonment for a term which may extend to three yeais >r with fine or with both.

22. Control of postal communications.—(1) For the purpose of this rule and >f rule 23 the expression "postal article" includes a letter, posicard, newspaper, look, pattern or sample packet, parcel and every article or thing transmissible oy post, and a money order.

(2) The Ccntial Government may, !jy gcntrdJ or special order, either gene- rally or widi leforenee co any particular place, within or without India, p ohibit, regulate, restrict or impose conditions upon the receipt or Uunsjnis.sion in, or despatch from, India of any postal article or of any class or det,crij;liun of postal ai tides.

(3) Any order made under sub-rule (2) may, with a view lp securing com- pliance therewith, provide for the interception, detention and examination of the contents of any postal articles by such authorities and in such cin umstaiices 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 line, or with both; and, if the order so provides, any Court trying such contiavention may direct that uny postal article, in respect of which the Court .is satisfied that the order has been contravened, shall be forfeited to the Govern- ment.

23. Power to intercept and censor postal articles.—(1) Notwithstanding any- thing contained in section 26 of the Indian Post Office Act, 18i>8 (6 01 liWo,\ uny .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, und delete, des- troy 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 exami- nation by a censor, shall be punishable with imprisonment which may extend to five years, or with fine, or with both.

24. Power to prohibit and to search, etc., travellers conveying non-postal correspondence.—(J) 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 represen- tation, photograph or gramophone lecord, shall be sent or conveyed, otherwise than by post, into or from India.

(3) No person shall have any article ha his possession for the purpose of sending or conveying it in contravention of an order made under sub-rule (2).

(4) Any prohibition or restriction imposed by an order made under sub-rule (2), on the sending into, or conveying from, India of articles, shall be deemed to have been imposed under section 19 of the Sea Customs Act, 1878 (8 of 1878) and all the provision of that Act shall have effect accordingly:

Provided that where in respect of any contravention of this rule the Customs- collector is of opinion that the penalties provided by the said Act are inadequate, he may make a complaint to a magistrate having jurisdiction; and the accused person shall, upon conviction, be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(5) Any officer of customs may, for the purpose of carrying into effect the provisions of this rule, take such steps (Including the subjection of the article to any process) as may be reasonably necessary for ascertaining whether an article docs or does not record any information.

(fi) The Central Government or the State Government may by order authorise any person for the purposes of this rule to exercise the powers, and perform the duties, conferred or imposed on a Customs-collector or any subordinate officer of customs by the Sea Customs Act, 1878 (8 of 1878).

PART IV

RESTRICTION OF MOVEMENTS AND ACTIVITIES OF PERSONS

25. Entering enemy territory;—(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 commuting external aggression against India.

(2) If any person contravenes this rule, he shall be punishable with imprison- ment for a term which may extend to five years, or with fine, or with both.

26. Entering In'dia.—(1) The Central Government may, by notified order, make provision for securing that, subject to such exemptions as may be provided for in. the order, any person or class of persons shall not, on coming from a place outside India, enter India elsewhere than at such place as may be specified in the Order.

(2) If any person enters India in contravention of any order made under sub- rule (1), or of the provisions of, or of any rule or order made under, the Indian Passport Act, 1920 (34 of 1920), he shall, without prejudice to any other proceed- ings 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 tf which any person enters India in contravention of any order made under sub-rule (1) or of the provisions of, or of any rule or order made under, the Indian Passport Act, 1920 (34 of 1920), shall unless he proves that he exercised al] due diligence to prevent the said contravention, be deemed to have abetted the contravention.

27. Information to be supplied by persons entering India (1) The Central Government may by notified order, require any person of such class as may be specified In the order who has entered India since such date as may be so specified to furnish to such authority and in such manner as may be so specified such particulars regarding himself, his dependent, his past and prospective movements and any travel documents in his possession as may be specified in the order.

(2) If any person contravenes any order made under sub-rule (1), he shall be punishable with fine up to one hundred rupees.

28, Leaving India.—(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 clast o{ 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 ether 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) Anv 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.

(51 The master of any vessel or the pilot of any aircraft bv means of which any p°rson 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 contraven- tion, be deemed to have abetted the contravention.

29. Rfl?tilatlon of movement of persons within India,—If in the opinion of th© 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

operatlons, that Government may be notified order make provision for the regula- tion 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 excep- tions 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,

30. Restriction of movements of suspected persons, restriction orders and deten- tion orders.—(1) The Central Government or the State Government, if it is satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the def.nce of India and civil defence, the public safety, the maintenance of public order, India's relations with foreign powers, the maintenance of peaceful conditions in any part of India or the efficient conduct of military operations, it is necessary so to do, may make an order—

(a) directing such person to remove himself from India in such manner, by such time and by such route as may be specified in the order, and prohibiting his return to India;

(b) directing that he be detained; (c) directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or person as may be specified therein he shall not be In any such area or place in India as may be specified in the order;

(d) requiring him to reside or remain in such place or within such area in India as may be specified in the order or if he is not already there to proceed to that place or area within such time as may be specified in the order;

(e) requiring him to notify his movements or to report himself or both to notify his movements and report himself in such manner at such times and to such authority or persons as may be specified in the order;

(f) imposing upon him such restrictions as may be specified in the order in respect of his employment or business, in respect of his association or communication with other persons, and in respect of his activities in relation to the dissemination of news or propagation of opinions;

(g) prohibiting or restricting the possession or use by him of any such article

or articl-.s as may be specified in the order;

(h) otherwise regulating his conduct in any such particular as may be

specified in the order:

Provided that no order shall be made under Clause (a) of this sub-rule In respect of any citizen of India;

Provided further that no order shall be made by the State Government under clause (c) of this sub-rule directing that any person ordinarily resident in the State shall not be in the State.

(2) An order made under sub-rule (1) may require the person in respect of whom it is made to enter into a bond, with or without sureties, for the due perfor- mance of. or as an alternative to the enforcement of such restrictions or conditions made in the order as may be specified in the order.

(3) If any person Is In any area or place in contravention of an order made under tho provisions of this rule, or fails to leave any area or place in accordance with the reauivements of such an order, then, without preiudice to the provisions of sub-rule ?7), he may be removed for such area or place by any police officer or by any person acting on behulf of Government.

(4) So long as there is in force in respect of any person such an oider- as aforesaid directing that he be detained, he shall be liable to be detained in such place, and under such conditions as to maintenance, discioline and the punishment of offences and breaches of discipline, as the Central Government or the State Government, as the case may be, may from time to time determine.

(5) Where the power to determine the place of detention is exereisable by the State Government, the power of the State Government shall Include power to determine a place of detention outside the State:

Provided that—

(a) no such place shall be determined save with the previous consent of the State Government of the State in which the place is situate, or, where the place is situate In a Union territory, of the Central Government;

(b) the power to determine the conditions of detention shall be exercised by the State Government of the State in which the place Is situate, or where the place is situate in a Union territory by the Central Government.

(0) If the Central Government or the State Government, as the case may be, has reason to believe that a person in respect of whom that Government has made an order under clause(b) of sub-rule (1) directing that he be detained has absconded or is concealing himself so that such order cannot be executed, that 'Government may—

(a¹) make a report In writing of the fact to a Presidency Magistrate or a Magistrate of the first class having .iurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 80 of the Code of Criminal Procedure, 1898, shall apply in respect of the said person and his property as If the order directing that he be detained were a warrant issued by the Magistrate;

(7) 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, ai)d if such person has entered Into a bond in pursuance of the provisions of sub-rule (2) his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.

31. Powers of photographing etc. suspected persons.—(1) The Central Govern- ment or, as the case may be, the State Government may, by order, direct that any person in respect of whom an order has been made by that Government' under the provisions of rule 30, shall—

(a) allow himself to be photographed;

(b) allow his finger and thumb impressions to be taken; (c) furnish specimens of his handwriting and signature; and (d) attend at such time and place before such authority or person as may be specified In the order for all or any of the purposes mentioned in this sub-rule.

(2) If any person contravenes any order made under this rule, he shall be -punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

32. Control and winding up of certain organisations.—(1) If the Central Govern- ment or the Slate Government is satisfied with respect to any organisation either—

(a) that it is subject to foreign Influence or control; or

(bl that the persons In control thereof, have, or have had, association with persons concerned in the Government of. or sympathies with the system of Government of, any State committing external aggression against Tndia or have been conspiring to assist any such State.

and in either case that there is danger of the utilisation of the organisation for purposes prejudicial to the defence of India and civil defence, the public safety, the maintenance of public order, the efficient conduct of military operations, the

maintenance of supplies and services essential to the life of the community, that Government may by notified order direct that this rule shall apply to that organi- sation.

(2) If the Central Government or the State Government is satisfied that any organisation is engaged, in succession to any organisation to wnich this rule applies, in activities substantially similar to those lormerly carried on thereby, that Government may by notified order direct this rule shall apply to that organi- sation,

(3) ATo 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 17A to 17E of the Indian Criminal Law Amend- ment Act, 1908 (14 of 1908), shall apply in relation to an organisation to which thi3' 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 exercisaKe also by the Central Government.

(5) If any person contravenes any erf 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.

33, Persons captured as prisoners.— (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 detain°d, and for prohibit- ing 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 "-••mplovment and maintenance of prisoners in India whEe elsewhere than in places for the detention of prisoners;

ic) 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, 12!) and 130 of the Indian Penal Code (45 of 1860), shall apply in relation to a person detained or con- fined bv orrlpr made under clause (g) of sub-sertion (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 flits rule, against a person in respect of any act done by him when he is himself a piisoner.

(4)'If any person contravenes any order made under thp provisions of this rule, he shall he nunlsh^ible with Imnrl.sonment for a Term which mav extend to five years or with fine or with booth,

34. Change of nime by cltl/ens of India.—(1) For the purposes of this rule,—

(a) the expression "name" shall be construed as including a surnam?, and

(b) a name shall be deemed to be changed if the spelling 1 hereof is altered.

(2) No citizen of India shall assume or use or purport to assume or use for any Durpose 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 flrst 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 to It, and

(b) the address of his residence.

and has complied with such orders fn respect of such notice, Including orders for giving public intimation of his intention to change his name, as the State Govern- ment may give.

(3^ If any person contravenes any of thp nroviuion¹! of this rulj, he shall be punlshablp 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 u s e-

fa) by any married wo'nnn of her husband's name;

(b) of any name in consequence of the grant of, or succession to, any rank or title;

ic) of any name in such circumstances as may be specified by order of the Central Government or the State Government.

PART V

PREVENTION or PREJUDICIAL ACTS AND CONTROL OF INFORMATION

35. Definitions.—In this Part, unless there is anything repugnant in the subject or context,—

(1) "Cinematograph -film"-—"cinematogrph film" includes a sound track, talefllm and any other article on which sounds have been recorded for the purpose of their being reproduced in connection with the exhibltiBn of a film;

(2j "Confidential information"—"confidential information" includes any infor- Lmation, whether true or false, or any document or other rerord whatsoever con- taining or purporting to contain, or calculated dlre'ctly 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 liny 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 Par:iament to deal with matters concerning the conduct of military"bperations, repulsion of aggression or cessation of hostilities;

(c) the contents of any secret or confidential document which has in confi- dence been communicated by, or any confidential Information obtained from. Government or anv person in the service of Government and relating to any of the aforesaid matTers;

(3) "Essential commodity"—"essential commodity" means food, water, fuel, "light, cower or anv otlirT thine? essential for the existence of the community which Is notified in this behalf by Government;

(4) "Exhibit" and "Exhibition"—"exhibit" and ''exhibition" and their gramma- tical variations include, in relation to a cinematograph film, the mechanical or electrical reproduction of any sounds in connection with the showing of the film;

(3) "Essential commodity''-—"essential commodity" means food, water, fuel, enemy" means any information, whpthcr true or false, or anv document or other "record whatsoever containing or purporting to contain or calculated, directly or indirecfiv to convev, any information whether true or false, with respect to any -of the following matters, that is to say,—

(a) the number, description, armament, eauipment, disposition, movement, sympathies Or condition of anv of the Armed forces, vessels or air- craft of the Union;

(b) anv operations or projected operations of any of the Armed forces,

vessels or aircraft of the Union;

(c) anv measures, wotks, 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 CK location of any prisoners;

]

(f) the condition of the citizens of India or of any class thereof or the syirroathiea of such citizens or class as regards matters relating to the conduct of military operations;

'

(g) the invention manufacture, quantity, supply, description, condition, disposition movement, storage, repair, testing, trial or use of any munitions Or other thing which can be u^ed in connection with the conduct of military operatioas;

(h) anv measures works, appliances or arrangements for or connected with, r>r Intended for. the protection of anv munitions of war or other thinp 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;

(k) the passage of any vessel or aircraft near or over any part of India;

(1) anv lo-ses or casualties incurred by persons in the service of the Government, or the number or description of anv such persons returning to the active service of the Government after casualty, or anv injury or damage caused, whether by hostile operations or other- wise, to anv vessel or aircraft of the Union or to anv prohibited place, protected place or protected area, or to anv porson 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) anv cmher, code or secret or official codeword or password; (n) any orders, instmct;ons or regulations regarding, or connected with, any of the aforesaid matters;

(o) any other matte- whatsoever information as to which would or might be, directly or indirectly useful to the enemy;

(6) ''prejudicial act"—"prejudicial act" means any act which is intended or is (ikely—

'

(a) to prejudice India's relations with any foreign power, or the mainten-

ance of peaceful conditions in any area;

(b) to cause disaffeefon among, or to prejudice, prevent or interfere with the discipline, health or training of, or the performance of their duties by, member-! 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 surh, or to induce any member of such forces or anv public servant to fail in the performance of his duties as such;

(d) to prejudice the recruiting of. or the attendance of psisons or service in, any of the A :ned forces of the Union or the Civil Defence Service or any police fore* or fire brigade or anv other bodv of persons entered, enrolled or engaged as public servants;

(e) to bring into hatred or conteirmt, or to excite disaffection towards the

Government established by law in India;

(f> to bring into hatred or contempt, or excite disaffection towards the Armed forces of the Union or section thereof;

T HE GAZETTE OF INDIA EX IRAORDINARY [PA*T K j92

(i) to impede, deJay 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 m which one hundred persons or more are normally employed, in furtherance of any strike which is pro- hibited under rule 126 or is illegal under any law for the time being in force.

(k) to render any munitions wholly or partially ineffective or dangerous* or to cause or increase danger to any person using, the production, handling or transport of, any munitions;

(1) to undermine public confidence in the national credit or in any Gov- e. nment 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;

(in) to encourage rr incite any person or class of persons, or the publlc- gencrally, 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 cf law for any services rendered to the community or any rent of agricultural land or anything recoverable as arears 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 Ind'a 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 indi- vidual public servant;

lp) to instigate or incite directly or indirectH the commission o- abetment oF an offence punishable under the Criminal Law Amendment Act Iff61 (23 of 1961), or of an offence punishable- under section 121, section 121A, section 122, sedion 131, or section 43fl or tb" Wliani Penal Code (45 of 1880), or of the ofTenc- of robbery or dacoity;

(q) to instigate or incite directly or indirectly the commission O' abetment of an offence attiinst or against any rule made under the Indian Ex- plosives Act, 1884, (4 of 1884) or the Explosive Substances Act, 1903 (6 of 100n) or the Arms Act, 1959 (54 of 1959);

(r) to instigate or incite directly or indirectly the commission or abetment of an offence against the Army Act, 1950 (46 of 1950) or the Air Force Act, 1950 (45 of 1950) or the Navy Act, 1957 (62 of 1957);

(s) othcrvise to prejudice the efficient conduct of military operations, the defence of India and Civil defence or the public safety or interest;

(7) "Prsjudirial report"—"prejudicial report" means any report, statement or visible representation, whether true or falsp, which, or the publishing of which, is, Or is an incitement to the commission of, a prejudicial act as defined in this rule;

(8) "Press"—"press" means a printing pres^ and includes all plant, machi- nery, duplicators, types, implements and other materials used for the purpose of or m connection with printing or multiplying documents;

(9) "Unauthorised cinematograph film"—"Unauthorised Cinematograph Film" means a cinematograph film which has not been cert:fled under section 5A of the Cinematograph Act 1952 (37 of 1052) or in respect of which the Central Govern- ment has directed that it shall be deemed to be on uncertified film under clause (a) of sub-section (2) of section 6, or the exhib'tion of which has b?en suspend- ed by the Central Government under clause (c) of sub-seotirn (2) of section 6, or by the Administrator of a Union territory under sub-section (1) of section 13, of the Cinematograph Act, 1&52, cur the exhibition of whicfh has been Rut"pendetf by any Statp Government under the relevant provisions of any law in force In ft State regulating exhibition by means of a cdnematograplh.

36, Sabotage.—(1) No person shall do any act with Intent to Impair the effi- ciency or impede the working of, or to cause damage to,—

(a) any building, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of Government or any local authority;

(b) any railway (as defined in the Indian Railways Act, 1890), (9 of 1890), tramway, road, canal, irrigation work, installation on a canal or waterway bridge, culvert causeway, port dockyard, lighthouse aero- drome, 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 oi any essential commodity, any sewage works, mine or factory;

(e) any prohibited place or protected place.

(2) The provisions of sub-rule (1) shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person.

(3) If any approaches, or is in the neighbourhood of, any such building, place or property as is mentioned in sub-rule (1), in circumstances which afford reason to believe that he intends to contravene that sub-rule, he shall be deemed to hava attempted a contravention thereof.

(4) If any person contravenes any of the provisions of this rule, he shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both.

37. Receiving sabotaged property.—(1) In this rule "sabotaged property" means property the possession of which has been transferred by, or in consequence of, any such Act as is referred to in sub-rule (1) or rule 33.

(2) If any person dishonestly receives or retains, or voluntarily assists in con- cealing 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.

;)8. Interference with postal and telegraphic communications.— (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.

39. Communication with persons engaged in assisting¹ the enemy.— (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 th" 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 puiiishable with imprisonment for a term which may extend to five years or with fine, or with both.

40 Articles likely to afford information or other assistance to the enemy.— (1) The Central Government or the Stato 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 bo speci- fied in the order;

(b) for prohibiting or restricting the acquisition sale, distribution, posses-

sion or disposal of such articles;

(c) for requiring such articles to be placed in the custodv 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.

41. Prohibition of prejudicial acts, publications and communications.—(1) No person shall, without lawful authority or excuse,—

(a) do any prejudicial acts; or (b) obtain, collect, record, elicit, make, print or publish, or distribute or communicate by any means whatsoever to any other person, any in- formation 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 con- fidential information.

(2) The author, editor, printer and publisher of, and any person who other- wise makes or produces, any information likely to assist the enemy, any con- fidential 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 enemy¹", any confidential Informa- tion 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 Lhe 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, pantomine, drama or recitation in the course of which any confidential informa- tion, any information likely to assist the enemy or any prejudicial report is published shall each be deemed to have contravened this rule.

(5) If any person contravenes any of the provisions of this rule, he shall be punishable with Imprisonment for a term which may extend to five years, or with fine, or with both:

Provided that in any proceedings arising out of a contravention of this rule,—

(a) in relation to the making or printing of any document or information, it shall be a defence for the accused to prove that the said document or information was made or printed, as the case may be,—

(i) before the Ordinance came into force, or (ii) with the permission or under the authority of Government, or (iii) as a proof intended for submission to Government or to a person or authority designated by Government in this behalf with a view to obtaining permission for its publication;

(b) in relation to the publication of any document or information it shall be a defence for tho accused to prove that the said document or information was published.

(i) before the Ordinance came into force, or (ii) with the permission or under the authority of Government,

42. Prohibition of publishing matter derived from enemy sources.—(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, lie shall be punish- able with imprisonment for a term which may extend to live years, or with fine, or with both.

43. Control of local authorities.—(1) If in the opinion of the State Govern- ment 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, mem- bers or servants to act, in furtherance of any activity prejudicial to the defence of India and civil defence, the public safety, the maintenance of public order, the efficient conduct of military operations, or the maintenance of supplies and services essential to the life of the community, or has passed any resolution approving of or supporting any such activity, or has failed to carry out any orders or direction lawfully made or given to it, the State Government may by order supersede the- locnl authority for such period as may be specified in the order.

(2) When an order of supersession has been made under sub-rule (1)—

(a) all the members of the local authority shall, as from the date of super-

session, vacate their offices as such members;

(b) all the powers and duties which may, by or under any law for the time being in force, be exercised or performed by or on behalf of the local authority shall, until the local authority is reconstituted in pursuance of an order under clause (b) or clause (c) of sub-rule (3), be exercised and performed by such person or persons as the State Government may direct:

Provided that any such person may direct—

(i) that any such power or duty which immediately before making the order of supersession was by or under any such law exercised or performed on behalf of the local authority shall be exercised or performed on his behalf by that other person or authority;

(ii) that any such power or duty, whether or not it was so exercised or performed shall be exercised or performed on his behalf by such person or authority as he may specify in this behalf;

(c) all property vested in the local authority shall, until the local authority is reconstituted in pursuance of an order under clause (b) or clause (c) of sub-rule (3), vest in the State Government.

(3) On the expiration of the period of supersession specified in the order under sub-rule (1), the State Government may—

(a) exlend the ptriod for such further term as it may consider necessary;

(.b) by order direct that tlv 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-irule (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 ordor (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 supei seded:

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.

44. Illegal possession of certain Information and publication.—(1) No person

shall, without lawful authority or excuse, have jn his possession—

(a) any information likely to assist the enemy or any confidential in-

formation; or

(b) any document containing any prejudicial report; or

(c) any unauthorised cinematograph film of the nature described in sub-

rule (3) of rule 41.

(2) Any person who, without lawful authority or excuse, has on any premises in his occupation or under his control any document containing any information likely to assist the enemy, any confidential Information or any prejudicial r e- port 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 Ids consent, be deemed to have contravened this rule.

(3) The licensee of any building or other premises licensed under Part III of the Cinematograph Act, 1952 (37 of 1952), or under any Law in force in a state regulating exhibitions by means of a cinematograph and the occupier, or. If there Is no occupier, the owner, of any other building or other premises, in or on which any unauthorised film as aforesaid Is found shall, unless he proves that the said unauthorised film was in or on such building or other premises without his knowledge or against his consent, be deemed to have contravened this rule.

(4) In any proceedings arising out of a contravention of this rule in respect of the possession of any document or Information, it shall be a defence for the accused to prove that the said document or information—

(a) was In his possession with the permission or under the authority of

Government; or

(b) was a proof prepared by or for him for submission to Government or to a person or authority designated by Government In this behalf with a view to the obtaining of permission for its publication; or

(c) was published before the Ordinance came into force.

(5) II 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 wiLh fine, or with both.

45. Proscription etc., of certain documents.—(1) Where in the opinion of the Central Government or the State Government any document made, printed or published, whether before or after the Ordinance came into force, contains any confidential information, any information likely to assist the enemy or any pre- judicial 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 docu-

ment and copies thereof;

(c) require the delivery of such document and any copy theieof to an

authority specified in the order;

(d) prohibit the further publication, sale or distribution of such document or any extract therefrom or of any translation thereof, including, in the ease of a newspaper or other periodical, the publication, sale or distribution of any subsequent issue thereof;

(e) declaie •such document and evyry copv or translation thereof or

extract therefrom, to be forfeited to Government.

Explanation.—In this rule, 'document' includes gramophone records, sound trark.; and any other articles on which sounds have been recorded with a view to their subsequent reproduction.

(2) Where in pur--ii:;'n."a of sub-iule (1) any document is required to be de- liveied to a specified -lutluii.v, that authority may enter upon and search any premises whereon or wherein such document or any I'upy thereof is or is reasonably suspected to be.

(3) Where in pui\ mii'.e uf sub " ule (!) -.iiiy document has bijen declared to be forfeited to Gi'v'cmnvnl anv noMco oJiLGr nriy tci7d any copy thereof, wher- ever fou¹:.! in India and any Magistrate may by warrant authorise any police oiTicoi noi below the rank of sab-Insptrtor to enter upon and search any pre- mises wltoi 0-1 or v.'hcrc-m .,ueh dncurneiit or any copy thereof is or is reasonably suspected to be.

(4) If any yrrsoT contravenes any order mad- undar this rule, he shall be punishable with imprisonment for j teim which rmy extend 1o three years or with fine or with both.

prohibit or restrict the publication of information with respect to the subject mat- ter of the application, or the communication of such information to particular person* or classes of persons.

(3) No person shall, except under the authority of a written permit granted by the Controller, make an application for the grant of a patent, or the registra- tion of a design, in any country or place outside India.

(4) If, in the opinion of the Central Government, it Is necessary or expedient lor the defence of India and civil defence or the efficient conduct of military operations so to do the Central Government may by order require any person to furnish to such authority or person as may be specified in the order, any such information in his possession relating to any invention, design or process as may- be specified in the order or demanded of him by the said authority or person,

(5) The right of a person to apply for, or to obtain, a patent in respect of an invention, or registration in respect of a design, shall not be prejudiced by reason ouly of the fact that the invention or design has previously been communicated to an authority or person in compliance with any order given under sub-rule (4), or used by an authority or person in consequence of such communication and a patent in respect of an invention, or the registration of a design, shall not be held lo be invalid by reason only of the fact that the invention or design has been communicated or used as aforesaid.

(6) In connection with the making, use or exercise of any Invention or design on belialf of, or for tho services of the Government (whether by virtue of the Indian Patents and Designs Act, 1911, or otherwise), the Central Government may by order authorise the use of any drawing, model, plan, specification, or other document or information In such manner as appears to the Central Govern- ment to be expedient for the defence of India and civil defence or the efficient conduct of military operations, notwithstanding anything to the contrary contained in any licence or agreement' and any licence or agreement, if and in so far as it confers on any person, otherwise than for the benefit of the Government the right to receive any payment in respect of the use of any document or informa- tion in pursuance of such an authorisation, shall be inoperative.

(7) If any person contravenes any of the provisions of this rule, or any order made thereunder, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both,

40. Control of dramatic performances.—(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 feel- Ings of hatred or disaffection towards any class or section of persons in India, it may, by order, prohibit the performance.

(2) If any person contravenes any order made under sub-rule (l),"he shall be punishable with Imprisonment for a term which may extend to three years, or with fine, or with both.

49. Control of cinematograph.—(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 Govt. any police officer may seize such film wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search any premises whereon or wherein any such film is or is reasonably suspected to be.

50. General control of photography.—(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 expe- dient 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 contraven- tion application had been made by him for the first time for the necessary permit in relation to the camera or other article i:i 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 posses- sion of a camera or material for making a sketch, plan, model or other representa- tion, then, without prejudice to the provisions of sub-rule (5) or to any other proceedings which may be taken against him, such camera or other material shall be liable to forfeiture.

(5) If any person contravenes any order made under this rule, he shall bo 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 bv the Central Government to be a protected place or protected area, includes also the State Government.

51. Matters reauired to be disclosed under the Companies Act.—If the Central Government certifies that the disclosure—

(1) of any matter required by subjection (1) of section 56 of the Com- panies 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 com- pany, or

(2) of the contents of a contract for the Inspection of which or of a copy of which a time and place is required by Schedule II to that Act to be stated in the prospectus,

would be prejudicial to the defence of India and civil defence, the public safety, thp maintenance of public order or the efficient conduct of military ooerations or to the maintenance of supplies and services essential for the life of the commu- nity, 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 con- tract to which the certificate relates or any copy thereof be made available for inspection.

52. Restriction of publication of Information relating to certain undertakings.— (1) This rule applies to any of the following undertakings carried on in India by any person or authority whatsoever (including Government):—

(i) XTndertakinEs for the supply of electricity; (ii) Undertakings for the supply of water;

fiii) Inland water transport undertakings; (iv) Port, harbour, dock or pier undertakings; (v) Colliery and mining undertakings; and

(vi) Railways.

(2) No person shall publish, or cause or allow to bo published, in India the accounts, or any copy thereof or extract thereon, of any undertaking to which this rule applies, or any report or other document, or any copy thereof or extract therefrom, relating to the operation of the undertaking which discloses any Infor- mation contained In any such accounts or any statistical Or other information relating to the progress of the undertaking.

(3) Nothing in sub-rule (2) shall, unless the Central Government by general or special order otherwise direct, be deemed—

(a) to relieve any person carrying on an undertaking to which this rule applies from any obligation to furnish to Government or to any government authority such accounts, reports or documents or copies thereof, or extracts therefrom;

(b) to prohibit the publication of such accounts, reports or documents, or

copies thereof, or extracts therefrom, to—

(i) Government,

(ii) any Government or local authority,

(iii) the members of a local authority where the undertaking n (.amed on by the local authority,

(iv) the directors or managing agents of a company where the under- taking is carried on by the company,

(v) the auditors of tho accounts of the undertaking,

(vi) such other persons, or in surh ciicumstances, as may rnj iiuiL'-rijfd by the Central Government;

(c) to apply to the publication by or on behjlT of any pc-jnn carrying on an inland w:iter tia.wport undertaking of any time-table relating to such undertaking;

(d) to prohibit biTi^rtiDn oi such accounts, reports or documents, or copies thereof, ox c^tricts therefro'n, at the offices of the undertaking by any person who but lor tin's mlu would have been entitled to obtain, receive or inspect such accounts reports or documents, o<" to receive information as to the contents thereof, and who shall hi;ve clven to the undertaking not less Lban seven days' prior notice m writing of his desire to inspect the same.

(4) Where publication in made undfr the provisions of sub-rule (3) to the members of a local authority or to the Directors or Managing Agents of a com- pany, such publication shall only be made if the accounts, reports or documents are clearly marked with a statement that they are confidential and. not to be published to any person other then another member of the local authority or another director or a member of the managing agents of the company, as the case may be.

(5) Notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), a Registrar of Companies may in his discretion refuse to allow inspection, or to grant copies, of any such accounts, reports or documents as are referred to in sub-rule (2).

(6) If any person contravenes any of the provisions of this lule, hn shall be punishable with' fine which may extend to one thousand jupees.

53. Control of publication of information relating to wrecks.—(1) If a receiver of wreck is of opinion that the publication of a notification under section 383 and 389 of the Merchant Shipping Act, 1958 (44 of 1958), in respect of any wreck taken possession of bv him may in any way assist the enemy or preltulice the efficient conduct of military operations, he shall refer the matter to the Central Govern- ment 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 provision! of sections 3^7, 390 and 399 of the Merchant Shipping Act, 1958 (44 of 1958), oi Issue such other directions regarding the disposal of the wreck as the Centra! Government may in the circumstances deem proper.

PAHT VI

FAI.SE REPRESENTATIONS, ETC.

54. Personation and misleading acts and misrepresentations,—(lj In this rule the expression "Government" means any Government whether within or without India.

(2) No person shall do any ael, or make any statement,—

(a) calculated falsely to suggest thut he or any other person is or ia 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 arLiclc or propprty does or doe3 not belong to, or is or is not in the possession or under the control of. Government or has or has not been classlfltd, selected or appro- priated 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 thf securing of the public safety, are communicated or arc intended to bu communicated tn the public or to any section thereof, or

(d) haying rt asrmbl.. causa to bcli'.v<" th-it tV .'•aid act or statement is likely to mislead any person j\ tile diirtiarp,c of any lewrul functions in connection with the defence of India or civil defence or the secur- ing of the public safety.

(3) If any person contravenes any of the provisions of this rule, he shall b© ijU-issl^Mo i.'¹ ) i •' -,i>m-,i.i.t iOr a icrra wruch in y r t r ri to ')va years, or with fine, or with both,

55. Fonrery and improper use of official doc:im?nt£, etc,—(1) In this r u l e-

fa) "Government" mj"ms a in Government within or without India;

(b) "ohieial document' induces any pnssport, pass permit, certificate, L u ' t n c, not^e at 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 oihr-r int.truii- M J'oi' mak- ing an impression or stamp and any impulsion 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—

56.1mproper use of uniforms etc.—(1) No person shall without lawful authority use or wear—

(a) any official uniform, Indian or foreign, or any dress so nearly resemb-

ling such uniform as to bt calculated to deceive; or

(b) any official decoration, medal, badge or mark of rank, rating, qualifi- cation or duty, Indian or foreign or any copy or miniature thereof, or any ribbon or other emblem designed for use therewith or indi- cating 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 a3 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 ounishable 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 prov- ing 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 con- tained In the Indian Evidence Act, 1872 (1 of 1872), lie upon that person.

PART VII

PREPARATIONS FOR DEFENCE

57. Evacuation of areas.—(1) The Central Government or the State Govern- ment may, if it appears necessary for the purpose of meeting any actual or appre- hended attack or of protecting persons and property from the dangers involved In or resulting from such attack or of facilitating any operation of the Armed Forces of the Union, by order direct, In respect of any specified area, that, sub- ject to any exemptions made by general order or special permission,—

(a) all persona or any class of persons shall remove themselves or be

removed from, the said area or to any specified part thereof; (b) all persons or any class of persons in the said area shall remain there-

in for such period as may be specified;

(c) any animals or property or any specified class of animals or property shall be removed from the said ,area or to any specified part thereof; (d) within a specified time any building or other property specified In the order shall be destroyed or rendered useless; and may do any other act involving interference with private rights of property which is necessary for any, of the purposes aforesaid.

(2) An order made under sub-rule (1) for the removal of persons, animals ^or property may specify—

(a) the route or routes by which all or any class of persons, animals or property ,are to remove themselves or be removed from the specified area or to any specified part thereof;

(h) the time or times by which they are to remove themselves or be re- moved therefrom or to any specified part thereof;

(c) the place or places to which they are to proceed or be taken on re- moving themselves or being removed from the specified area:

and may make such other incidental and supplementary provisions as may appear necessary or expedient for the purposes of the said order

(3) If any order made under sub-rule H) is contravened in respect of any nnimal or property, the person in charge of such animal or property shall be deemed to have contravened the order.

(4) The State Government may, if it appears necessary for any of the pur- poses specified in sub-rule (1) or for facilitating the evacuation of any area, by general or special order provide for the release, whether temporary or permanent or whether without conditions or upon such conditions as may be specified of any prisoners or class of prisoners. ,

(5) If any persons contravenes any order made under this lulc. he :.hall be punishable with Imprisonment for a term which may extend to six months, or with fine, or with both,

58. IPowcr to slaughter dangerous and injured animals In the event of hostile attack.—(1) In the event of the occurrence of hostile attack in the vicinity, any person authorised by the Central Government or the State Government in this behalf may, with a view to securing the public safety or maintaining public order, slaughter any animal which appears to him to be: —

(a) at large or out of control;

(b) dangerous 01 seriously injured,

(2) The power to slaughter an animal conferred under sub-rule (1) shall include powers—

(a) to cause or procure the animal to be slaughtered by some other

person;

(b) to enter, and to authorise any such other person to enter, upon any

land for the purpose of the slaughter;

(c) to remove and dispose of the carcass, or cause it to be removed and

disposed of;

Provided that except where an animal is slaughtered In a place to which the public have access, the power to remove the carcass shall not bo exer- cised if the owner of the animal is present and objects.

59. Accommodation of evacuated persons.—(1) The Central Government or the State Government may, for the purpose of accommodating any person who have left or been removed from their homes in accordance with any order made under rule 57 (or who have left their homes on account of actual or apprehend- ed attack) take possession of any premises other than those exclusively used by the public for religious worship.

(2) Whenever in pursuance of sub-rule (1) the Central Government or a State Government takes possession of any premises rent shall be paid for in accordance with the provisions relating to the payment of compensation in respect of immovable property which have been requisitioned under Chapter V of the Ordinance.

(3) The Central Government or the State Government, as the case may be, may at any time, restore possession of any premises in respect of which action has been taken under sub-rule (1) to the owner or occupier thereof and may order that no person shall thereafter be in those premises except with the consent of the occupier.

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

60. Defence Exercises.—(1) The Central Government may by notified order authorise the carrying out of defence exercises in such area and during such period as may be specified in the order, and thereupon, within the area and during the period so specified—

(a) any person engaged in the defence exeicises may pass ove:, or en- camp, construct wroks of, a temporary character or execute mano- euvres on any land, or supply themselves with water from any source of water;

Cb) any officer of the Armed Forces of the Union may, for the purpose of the defence exercises give directions prohibiting or restricting the use of any part of a railway, water-way, road or path, or of any telegraph or telephone scrv;ce. or of any premises ordinarily open to the public, and take such further measures as may be authorised in this behalf by genera] or special order of the Officer Commandlng-in-Charge, the Command,

(2) Notwithstanding any thing to th: contrary contained in the Indian Rail- ways Act, 1890 (IX of 1890), the Indian Telegraph Act, 1885 (XIII of 1885), or any other enactment, every public servant shall be bound to comply with any directions given to him under sub-rule (1).

(3) Where any defence exercises are held under the provisions of sub-rule (1), compensation shall be paid for any damage to person or property or interference with rights or privileges arising from such exercises, including expenses reason- ably Incurred in protecting person, property, rights or privileges; and assess- ment and payment of compensation shall be made in accordance with the pro- visions of section 0 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (V of 1938);

Provided that no compensation shall be payable in respect of such inter- ference arising out ol 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 (I), he shall be punishable with rine which may extend to one thousand rupees.

61, Field, CrlnK and Artillery practice.—(1) The Central Government or the State Cjvcrnmeni, mny by order auLhovisc the carrying out of field Xiring and artillery practice throughout such are;i find during such period as may be specified in the order, und thereupon surh persons as are included In the forces engaged in Hold firing or ;irtjllery practice may, within the area and during the period so specified—

(a) carry out field fivuig and artillery practice with lethal missilci; (b) exercise any of the r.ghti conferred on persons engaged in defence exercises by clause (a) of sub-rule (1) o£ rule t!0.

Explanation.—In this ru¹? "field firing" includes air annumont practice. (2) The Officer Com'TK'ndinf? the forces engaged in any such practice may declare IV specified jrea r,r an/ part thereof ta be a danger zone and thereupon • the Collector or any offVer pMthorwed bv the Collector by general or special order in this behalf shall on application m.ule [o him by the said officer, prohibit the entry into and secure tho ivmovrl tr.im f.uch danger /one of all persons and domestic animate during the times when the discharge of lethal missiles is taking place or there is danger of life or health.

(3) Where uny field firing or artiUuv prnctico is carried out under the pro- visions of sub-rule (11, compensation shall be payable in accordance with the provisions of section 11 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938):

(b) give directions prohibiting or restricting the use of any part of the area of the sea or the shores acljutning, including the use of any part of $. Bailway, water-way, road or path or of any telegraph or telephonfe services or of any pieraiscs 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 iurther measures as may be necessary to ensure that no unauthorised person enters, passes over or is in the areu 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 a nv part thereof including such adjoining portion of land or shore to be a danger zone and thereupon the forces deputed for this purpose shaJ prohibit the entry info and secure the removal, from such danger zones of all persons and of navigating craft of any description whatever during the time the discharge of lethal missiles is taking place or there is danger to life or health.

(3) If during any period specified in an order made under sub-rule (1) any person within an area so specified^—

(a) wilfully obstructs or Interferes with the carrying out of coastal firing

and artillery practice, or

(b) without due authority enters or remains in any camp from which firing

is curried 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 o

he shall be deemed to have contravened the provisions of this rule, and shall be punishable with fine which may extend to twenty rupees.

63. Billeting-.— (1) In this rule, "the appropriate Government" means in rela- tion to premises in cantonment areas, the Central Government and in relation to premises in other areas, the Central Government or the State Government,

(2) The appropriate Government may by order require the occupier of any premises to furnish therein, while the order remains in force, such accommoda- tion by way of lodging or food or both, and either with or without attendance, as may be specified in the order for such persons as may be so specified,

(3) The appropriate Government may by order require the owner or occupier of any premises to furnish to such authority as may be specified in the order such informati'on with respect to thp accommodation contained in the premises and with respect to the persons living therein as may be so specified,

(4) The price payable in respect of any accommodation furnished in any pre- mises to any person in accordance with an order made under sub-rule (2) shall be such as may be determined by the appropriate Government, and shall be paid to the occupier by that Government; and the amount 'of any sum paid in accord- ance with this sub-rule by the appropriate Government in respect of accommo- dation furnished to any person mnv be recovered by that Government from that person as an arrear of land revenue.

(5) The appropriate Government may by order appoint an authority to hear complaints in respect of orders made under sub-rule (2); and anv person who is aggrieved by the service upon him or bv the operation, of such an order may make a complaint to such authority, and upon hearing the complaint such au- thority may cancel or vary such order as it thinks fit.

(6) If any person contravenes any order made under thig rule, he shall be punishable with fine which may extend to one thousand rupees.

G4. Precautions against hostile attack.— (1) The Central Government or the State Government may, with a view to protecting the general public or any mem- bers thereof against the dangers involved in any apprehended attack ty land, sea or air, tor with a view to acquainting the general public or any members thereof with the action to be taken in such an emergency, by order specify the action to be taken by any person or auLhority on such occasions as may be speci- fied.

(2) An order made under sub-rule (1) may, provide that upon the giving of any specified notice 'or signal any person or class of persons may, subject to such, conditions and in such circumstances as may be specified, enter and remain in or on any premises or properly notwithstanding that such premises or property would not otherwise he) open to the public which may be specified or which may be appointed for the purpose of this rule by any specified authority or person.

(3) No person shall—

(a) wilfully obstruct any person entering or seeking to enter any premise?

or property in QCLOIdance with an order made under this rule, or (b) eject from any premises or property any person who is entitled to

remain there by virtue of such an order.

(4) If any person contravenes any of the provisions of this rule, or any order made thereunder, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with footh.

G5. Watching of premises to detect flic—(1) The Central Government or the State Government may by general or special order make provision—

(a) for requiring the occupiers of any premises to which the order applies tc- make and carry out such arrangements as may be specified in the order with a view to securing that fires occurring at the premises as a result of hostile attack will be immediately detected and combated;

(b) for requiring the occupiers of several premises jointly to make and carry out such arrangements as aforesaid for all those premises, and in par- ticular for requiring that they shall take turns, of duty at specified piemisc-s and perform such fire prevention duties as may be allotted to them under those arrangements;

(c) for empowering any authority, in such circumstances as may be speci- fied in the order, to make and carry out such arrangements as afore- said, including a joint arrangement as respects any premises to which the order applies, and where it carries out such arrangements, to recover from the occupiers concerned the expenses of so doing.

Explanation:—In clause (b) of this sub-rule, "fire pievention duties" means the duties of keeping a watch for the fall of lncediary bombs, taking such steps as aye immediately practicable to combat a fire caused by such bombs and sum- moning such assistance as may be necessary, and includes the duty of being in readiness to perform any such duties as aforesaid,

(2) An order under sub-rule (1) shall entitle any person required thereby to toe present on premises to which the order applies to nave access to those premises for the purpose of complying with the order notwithstanding that the premises would not otherwise be open to the public, and any one who obstructs access theieto by any such person for that purpose shall be deemed to contravene the provisions of the order.

(3) Any police officer, or any other person authorised in this behalf by the Central Government or the State Government, may at any time enter and inspect any premises to which any order made under sub-rule (1) applies for the purpose of seeing whether the order is being complied with.

(4) If any person contravenes any of the provisions of an order made under this rule, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

6fi. Measures for dealing with out-breaks of fire— (1) With a view to prevent- ing the spread, or facilitating the detection and extinction, of fire caused by hostile attack from the air, the Central Government or the State Government may by order make provision for requiring the owners or occupiers of the premises to which the order applies to take within such period as may be specified in the order such measures as may be so specified.

(2) Any police officer, or any person authorised in this behalf by the Central Government or the State Government, may at any time enter and inspect any premises to which an order made under sub-rule (1) applies for the purpose of

seeing whether the order has 'been complied with, and if that officer or person finds that the order has not been complied with, he may, without prejudice to any other proceedings which may be taken in respect of the contravention of the older, take such steps and use such force as may appear to him to be reasonably necessary for giving effect to the order.

(3) If in the opinion of the Central Government or the State Government any person who has been ordered under sub-rule (1) to take any measure has failed to take or is unlikely to complete the measures within the period specified in the order, then, without prejudice to any other proceedings which may be taken in respect of the contravention of the order, that Government may cause the said measures to be taken or completed and the cast thereof shall be reeoveiable from the owner or occupier of the premises 'by the Collector as if It were an arrear of land revenue.

(4) In the event of any outbreak of fire, any person authorised in this behalf by the Central Government or the State Government, may take or cause to be taken such steps and give such direction^ as appear to him to be necessary for preventing the spread of fire; and the steps which may be so taken include enter- ing upon any land or the pioperty whatsoever and the destruction or removal of anything in, on or over any land or property.

(5) If any person contravenes any of fhe provisions of an order made under this rule, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

67. Protection of factories and mines,— (1) The Central Government may by order require the owner, manager or agent of any mine, or the occupier or manager of any factory—

(a) to make, within such period as may

(b) to take, within such period as may be specified in the order, such measures as may be so specified, being measures the taking of which is In the opinion of the Central Government necessary for the purposes aforesaid.

(2) The Central Government may by order requiic any person or class of persons employed in or in connection with, or resident within three miles of, any mine or factory, or class of mines or factories, or any local authority within whose jurisdiction any mine or factory ls situated, to take within such period as may be specified, being measures the taking of which is in the opinion of the Central Gov- ernment necessary to secure the due functioning o-f such mine or factory, or class of mines or factories, and the safety of persons or property therein or in the vici- nity thereof, in the event of an outb-eak of fire whether caused by accident or otherwise.

(3) Any person authorised in this behalf by the Central Government may at any time—

(a) enter and Inspect any factory or mine fo'r the purpose of ascertaining what measures have been, or ought to be. taken to secure the due functioning of 1he mine or factory, and the safety of persons and property therein and in the vicinity thereof, in the event of an out- break of fire whether caused by accident or otherwise;

(b) enter and Inspect any premises belonging to or occupied by any person or authority to whom an order made under sub-rule (1) or sub-rule (2) relates for the purpose of seeing whether the order hag been com- plied with.

(4) If tn the opinion of the Central Government any person or authority who has been ordered under sub-rule (1) or sub-rule (2) to lake any measures have failed to take, or is unlikely to complete, the measures within the period specified in the order, then, without prejudice to any other proceedings which may be taken in respect of the contravention of the order, the Central Government miy cause the said measures to be taken or completed and the cost thereof =hall be recover- able by the Collector as if it were an arrear of land revenue from such person or authority, or where such person is the manager or agent of a mine or the manager

•of a factory, from the owner of the mine or, as the case may be, the occupier of the factory.

(5) For the purposes, of this rule—

(i) "mine" means any mine as defined in clause (jj of sei-tion 2 of the mines Acl, 195a (35 of 195a);

(li¹) "factory" means any factory subject to the operation of the Factories Act, 1948 (63 of 1948), and Includes any other premises which in the opinion of the Central Government are being Uied for maintaining supplies or services essential to the life of the community.

(G) If any person contiavenes any of the provisions of an order made under this rule, he shall be punishable with imprisonment for a term which may extend to three years, or with fine-, or with both.

68. Security of buildings.— (1) The Central Government or the Staie Govern- -merit may by order as respects any area specified in the order provide for securing that, subject to any exemptions for which provisions may be made in the order, no building, or no building of such class as may be specified in the order, shall be erected, extended or structurally altered except with the permission of that Government and In accordance with such requirements as to lay-out, materials and constructions which it Is In the mpinion of that Government necessary to impose for the purpose of rendering the building less vulnerable to air raids or of afford- ing better protection to persons using or resorting to It.

maintenance ol¹ the vital services of the authority, in the event of hostile attack; and thereupon—•

(a) it shall be the duty of the local authority to comply with the order, (b) the funds of the local authority shall be applicable to the payment of the charges ana expenses incidental to such compliance, and (c) priority shall be ^iven to such compliance over all other duties and obli-

(J) On the expiration of the period of supersession specified in the order under

sub-rule (7), the appropriate Government m a y-

fa) extend the period for such further term as it may consider necessary;

(b) by order direct that the local authority shall be reconstitute in the manner provided for the constitution of the authority by or under the ordinary law relating thereto, and In such case any persons who vacated their offices under clause (a) of sub-rule (8) shall not be deemed disqualified for election, appointment or nomination; or

(c) by order direct that the local authority shall be reconstituted by the persons who vacated th^ir offices under clause (a) of sub-rule (8) and shall recommence functioning as if it had not been superseded:

Provided that the appropriate Government! may at any time before the expiration of the period of supersession whether as originally specified under sub- lale (7) or as extended under this sub-rule take action under clause (b) or clause (c) of this sub-rule,

71. Keeping; of dangerous articles and substances.—(1) The Central Govern- ment or the State Government may, by order, in respect of any articles or substances of an explosive or Inflammable nature from which special risks are in the opinion of that Government likely to arise in the event of hostile attack, issue directions:—

(a) prohibiting the keeping of such article or substance in or on such

premises as may be specified in the order;

(b) prescribing the quantity of such articles or substances which may be

kept in or on any premises;

(c) requiring the owner or occupier of any premises in or on which such articles or substances are kept to take such measures as may be specified in the order for the protection of persons or property therein or thereon, or in the vicinity thereof;

(d) for any incidental or supplementary matters for which that Govern- ment thinks it expedient for the purposes of the order, to provide, including in particular, the entering and inspection of premisas to which the order relates with a view to securing compliance with the order.

(2) If in the opinion of the Central Government or, as the case may be, the State Government, any person who has been ordered under sub-rule (1) to take any measures has failed to take or is unlikely to complete, the measures within tBe period specified in the order, jthen without prejudice to any other proceedings which may bo taken in respect of the contravention of the order, that Government may cause the said measures to be taken or completed, and the cost thereof shall be recoverable from the owner or occupier of the premise? by the Collector as if it were an arrear of land revenue.

(3) If any person contravenes any order made in pursuance of this rule, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

72. Maintenance of water supply.—(1) The Central Government or the State Government may, by order, require the owner, or any person having control, of any source of water-supply which is or is capable of being used for drinking or fire fighting or any other purpose—

(a) to keep the same in good order, clear it from time to time of silt, refuse and decaying vegetation, and protect it from contamination, in such manner as may be specified In the order;

(b) to make the same available at all reasonable times for the use of the public or of such section of the public as may be specified in the order.

(2) Any person authorised in this behalf by the Central Government or, as the case may be the State Government, may, at any time, inspect any source of water- supply in respect of which an order under .sub-rule (1) has been made for the pur- pose of s-eing whether the order TiaS" been or is being complied with,

(3) If any person contravenes any of the provisions of any order made under this rule, he shall be punishable with Imprisonment for a term which may extend to six months, or with fine, or with both,

73. Air raid shelters.—(1) If in retpect of any premises the Central Govern- ment or the State Government considers it necessary or expedient so to do for the purpose of affording protection to persons living or employed therein or thereon, that Government may by order require the owner of the premises to construct therein or thereon an air raid shelter, within such period and in accordance with such requirement as to lay-out, materials and construction as may be specified in the order.

(2) Any police officer, or any person authorised in this behalf by the Central Government or, as 'the case may be, the State. Government, may at any time enter and inspect any premises to which an order under sub-rule (1) applies for the purposes of seeing whether the order has been complied with.

(3) Tf in the opinion of the Central Government or, as the case may be, the State Government any person who has been ordered under sub-rule (1) ft> construct an air raid shelter has failed to do so, or is unlikely to complete doing so within the period specified in the order, that Government may cause the shelter to be constructed and the cost thereof shall be recoverable from the owner of the premises by the Collector as if it were an arrear of land revenue.

(4) If any person contravenes any order made under this rule, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both,

74. Power to exempt air raid shelters from municipal taxation.—(1) In thla rule, "the appropriate Government" means in relation to any cantonment area, the Central Government, and in relation to any other area the State Government.

(2) The appropriate Government may by order direct that any site or premises on which an air raid shelter is or has been constructed shall, on being certified by an officer appointed in this behalf by the appropriate Government, be exempt from any tax or rate or from any enhancement of any tax or rate levied by a local authority to which the site or premises would not have been liable if the shelter had not been constructed,

75. Safety measures in premises.—(1) Vhe 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.

76. Removal of companies' records to place of safety.—The Central Govern- ment 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 shal] be ft^ notwithstanding anything contained in the Companies Act, 1956 (1 of

c o mPa n l e s, keep them in such place of safety as he may (a) for the registrar to remove from any registration office situated within that area all or any of the documents connected with the registra- *i.Ti a 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 Ihe registered office all or any of its registers, books of account and other documents and keep "them in such place of safety as the director;; of the company may think fit; • h i l ^ i tw w* S ny ?omVanV amoving any of its documents under this rule

77. Protection of major ports and their environs against fire, etc.—(1) The Central Government may, with a view to ensuring the protection of any major port and any city, town or other place adjoining or in the vicinity of such port against fire, explosion or any other calamity, by order or notified order providing for precautionary measures (including arrangements for co-ordinating the fire fighting, water supply and conservancy services of the port and local authorities concerned) to be taken by the port authority of any such port, any local authority- having jurisdiction in any such city, town or place, any person using such port and the owners or occupiers of any premises situated in such port, city, town or place; and thereupon:—

(a) it shall be the duty of iuch port authority, local authorities and all persons concerned, including public servants, members of the Armed forces of the Union and olncers and servants of such port authority and local authorities, to comply or act in conformity with the order; (b) the funds of the port authority or local authorities shall be applicable to the payment of charges and expenses incidental to such compliances;

(c) priority shall be given to such compliance over all other duties and

obligations of the port authority or local authorities.

(2) If any fire, explosion or other calamity occurs in any major port or in any city, town or other place adjoining or in the vicinity of such port, there shall be placed at the disposal of an authority appointed in this behalf by the Central Government such of—

(aj the fire fighting, water supply and conservancy services of the port authority of such port and of any local authority having jurisdiction in any such city, town or place, together with the personnel employed in operating such services.

(bl the fire fighting personnel and appliances maintained by any owner or occupier of premises in such port, city, town or place;—

ag the authority so appointed may require; and such port authority, local authorities, owners or occupiers and personnel shall comply with any orders given by the said authority.

(3) If any person contravenes any provision of this rule or fails to comply or act in conformity with any order made or given thereunder, he shall be punishable with imprisonment for a term which may extend to three years or •with fine or with both.

(4) Nothing in this rule or in any order made or given thereunder shall be deemed to affect the discharge by any local authority of the duty imposed on it by any other laws for the time being in force of extinguishing fire and of protecting life and property in the event of fire within any such port, city, town or place as aforesaid.

78. Control of light and sounds.—(1) The Central Government or the State Government may by order provide—.

(a) for prohibiting or regulating the display of lights of any specified des-

cription;

(b) fcr the screening of any lighting apparatus, whether for the time being alight or not, carried on, or attached to any specified class ol vehicles;

(c) for securing that, in specified circumstances, Indication of the position of such premises and places, and warning of the presence of such vehi- cles and vessels as may be specified shall be given by means of such lights as may be specified, and for prescribing the manner in which any apparatus used for the purpose of exhibiting such lights is to be constructed, Installed or uaed;

(d) for prohibiting or regulating the use of roads by any particular class of traffic, so far as appears to it to be necessary for avoiding danger consequent on compliance with any provisions of an order made under this rule which relate to the lighting of roads or of vehicles on roads; (e) *or prohibiting or regulating such activities as may be specified, being activities which consist of or involve the emission of smoke, "flames, sparks or glare or the malting of noise.

(2) An order under sub-rule (1) may be made so as to apply to any specified area or premises, may make different provisions as respects different parts of an area or different classes of premises, places, vehicles or vessels therein, may provide for exempting any premises, places, vehicles or vessels (either absolutely or conditionally), from the operation of any of the provisions of the order, and may contain such incidental and supplementary pro- visions as appear to the authority making the order to be necessary or expedient lor the purposes of the order,

(3) If any order made under suib-rule (1) is contravened in respect of, or in relation to, any light, premises, place, vehicle, vessel, apparatus, road, or activity to which the order applies, any police officer, or any person authorised in this be- half by the authority malting the order, may take such steps and use such force as may, in his opinion, be reasonably necessary for giving effect to the order and in the exercise of this power shall have a right of access to any land or other property whatsoever.

(4) If any order made under this rule is contravened in respect of any premi- ses, place, vehicle or vessel, the occupier of the premises or place, the person in charge of the vehicle, or the master of the vessel, as the case may be, shall, with- out prejudice to any proceedings which may be taken against any other person, be deemed to have contravened the provisions of this rule:.

Provided that in any proceedings which by virtue of this sub-rule are taken against any person in respect of a contravention of such an order on the part of another person, it shall be a defence for the accused to prove thai the contraven- tion or non-compliance occurred without his knowledge and that he exercised all due diligence to secure compliance with the order.

(5) If any person contravenes any order made under this rule, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both,

79. Control of Motor Vehicles.—(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 un- authorised 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 witJi fine, or with both.

80. Curfew.—(1) The Central Government or the State Government may, by order, direct that, subject to any specified exemption, no person pr-^s ^nt within any- specified area shall between such hours as may be specified be out of doors except under the authority of a written permit granted by a specified authority or person.

(2) If any parson contravenes any order made under this rule, he shall b" punishable with imprisonment for a term which may extend to six months or with fine, or with both,

PART VIII

CONTROL OP Amvis AND EXPLOSIVES

81. Carrying: and possession of arms and explosives—(1) The Central Govern- ment or the State Government may, by general or special order, prohibit, reu- •tnct or impose conditions on, the possession, carrying, use, sale or other disposal •01—

(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

(li) substances which, (being substances capable of being used in the manu- facture of explosives, or being corresive substances or for any other reason), are declared in the order to be dangerous substances.

(2) Without prejudice to any powers conferred by or under any other law for the time being in farce—

(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 ad, under this rule, suspects that any arms, articles capable of bein^ used as arms, ammunition or dangerous substances are in or upon any land, vehicle, aircrafts, vessel, building or other premises in contravention of an order made under sub-rule (1), he may ente/, if necessary by force, and search the land, vehicle, uir- craft, vessel, building or premises in or upon which the suspects that a contravention of an order made under sub-rule (1) 'has been com- mitted at any time of the day or night, and may seize any arms, arti- cles capable of being used as arms, ammunition, or dangerous subs- tances found therein or thereon which he suspects to be therein or thereon in contravention of such order.

(b) If any police officer, or any other public servant authorised by the Central Government or the State Government to act under this rule, suspects that any person is carrying, or in possession of, arms, articles capable of being used as arms, ammunition, or dangerous substances in contravention of an order made under sub-rule (1), such officer or other public servant may stop and search or cause to be searched such person and seize any arms, articles capable of being used as arms, ammunition, or dangerous substances possessed or carried by him which such officer or other public servant suspects to be possessed or carried in contravention of such order:

Provided that no female shall be searched hi pursuance of the provisions of this rule except by a female.

(3) Any arms, ammunition, dangerous substances or other articles seized under iSae provisions of this rule may be destroyed or otherwise disposed of as may be dldered 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.

82. Manufacture and transport of explosives and other dangerous- articles.— (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, 1684 (4 Of 1884), of the Petroleum Act, 1934 (20 of 1934), apply, or may be applied, by order make provision for the safety of persons and property in, or in the vicinity Of, such premises; and by any such order may authorise the searching of persons entering, or seeking to enter, or being within any premises to which the order applies :

Provided that no female shall be searched in pursuance of such order except by¹ a female,

(2) The Central Government may by order make, in relation to the convey- ance 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 ctr 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 b" punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

PART IX

PUBLIC SAFETY AND ORDER

83. Control of processions, meetings, etc.—(1) The Central Government or th" 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 ronduct of military operations by general or special order, prohibit, restrict or Impose conditions upon, the holding of or taking part in public processions meet- ings or assemblies.

(2) For the purposes of sub-rule (1), any procession, meeting or assembly which i" 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 bv the issue of tickets or otherwise, shall be deemed to be a public procession, meeting or assembly as the cuse may be.

(3)Any police officer may take such steps, and use such force, as may bo 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 bo punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

34. Prevention of hartals In place of employment.—(1) In this rule.—

(a) "Industrial dispute" means an Industrial dispute as defined in the In-

dustrial Disputes Act, 1947 (14 of 1947).

(b) "hartal" means any concerted cessation of work or refusal to work by a body of persons employed in any place of employment except a cessation or refusal in furtherance of an industrial dispute with which such body of persons is directly concerned.

(2) If in the opinion of the State Government a body of persons employed In any place of employment is likely to take part in, or is taking part in, a hartal, then, without prejudice to any other proceedings which maj be taikcn in respect of such hartal, the State Government may by order In writing require the perffon 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 mjy be so speuned 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 orovisions 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 1898J, in so far as they limit the extent of fine which may be imposed by Courts of Presidency M:wls1ra1e^ and Magistrates of the First Class, shall not apply to any sentence imposed under this rule.

85. Powers to restrict use of motor vehicles.-—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 irom such military authority as may be specified or from the senior police officer in the dis- trict 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 pre- mises 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 th? 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 616 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(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.

86. Unlawful drilling.—(1) The Central Government or the State Govern- ment 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 flue, or with both.

87. Unofficial uniforms, etc.—(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 opera- tions the Central Government or the State Government as the case may be, m a y' 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 njmishable with Imprisonment for a term which may extend to three years, or with fine, or with both.

88 Power to require the assistance of certain persons.—(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.

PART X

SHIPPING AND AIRCRAFT

89 Requiring vessels to leave ports.—(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 bo 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

toe deemed to have contravened the order, and shall be punishable with Imprison- ment for a term which may extend to five years, or with fine, or with both.

90. General control of navigation.—(1) The Slate Government as respects inland waters, and the Central Government as respects any waters, may by order make provision for regulating the places in or to which vessels may be or go, and the movements, navigation, pilotage, anchorage, mooring, berthing and lighting of vessels, in such waters.

(2) If in the case of any vessel any order made under sub-rule (1) is con- travened, 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.

91. Power to exclude Indian vessels from particular areas.—(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.

92. Control of buoys, lights, etc.—(1) No person shall, except under permis- sion 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 air- craft.

(2) The Central Government may make orders for prohibiting or restricting the exhibition or operation of, or requiring the removal, alteration or conceal- ment 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.

93. Measures for safety of Indian Vessels.—(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 require- ments in respect of the alteration of the structure or external appearance of the vessel, and in respect of the equipping 6f the vessel with any particular apparatus, contrivance, appliance or defensive equipment, as may be contained in the order have been complied with;

(b) for securing the proper maintenance and efficient use of any apparatus, contrivance, appliance or defensive equipment with which any such vessel is equipped in pursuance of the order;

(c) for prescribing the wireless telegraph services to be maintained, and the number, grade qualifications of operators and watchers to be 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 il 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 parti- cular 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 imprison- ment for a term which may extend to five years, or with fine or with both,

94. Measures for safety of vessels in Ports.—(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, oi 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 imprison- ment for a term which may extend to six months, or with fine, or with both.

95. Additional measures for safety of vessels in ports.—(1) Any person authorised by the Central Government In this b'Srialf 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 ax 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 instru- ment ov device capable of being used to defend the vessel against hostile attack, the gun, instrument or device will be manned;

(ii) in a case where the vessel is propelled by mechanical power, the vessel is capable of being moved under her own power and of proceeding to sea immediately when ordered to do so;

(iii) such precautions as may be specified in the directions will be taken to guard against attempts to interfere with, or damage the vessel or any part thereof or anything contained therein.

(c) for the purpose of taking such steps or securing such matters as afore- said, to secure that such number of persons, or such number of per- sons of such class or description, as may be specified in the directions, shall be or remain on board the vessel, either at all times while the vessel remains at the port or during such periods as may be so specified;

(d) to do or not to do such other things as may appear necessary or expe- dient to do or not to do for the purpose of securing the safety of the vessel or preventing the vessel from endangering other vessels or property at the port in the event of fire, explosion, hostile attack or other similar occurrence.

(2) Any member of the Armed forces of the Union acting in the cou-se 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 direc- tions 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 01 the poit, may kivt: direc- tions to the owner or master of such a vessel requiring him to scuttle or hoach tile vessel in such a position as may be specified in the di.caiun:,.

(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 imp isonment for a term which may extend Lo three years, or with fine, or with both.

(5) Where to give effect to arrangements made J!or complying with direc- tions 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 teim which may extend to three years, or with fine, or with both.

96. Loading of ships.— (1) In this rule, unless the context otherwise requires,—

(a) "the Act" means the Merchant Shipping ^.ct, 1958 (44 of 1958);

(b) "assigning authority" has the same meaning as in the load-line rule;

(c) "Load-line rules", "load-line certificate" and "International load-line

certificate" have the same meanings as in the Act;

(d) "unsafe ship" has the same meaning as in sub-section (1) of section

336 oi 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 lules to be loaded to- the depth indicated by the tropical load-line prescribed by the said rules, the appropriate load-line for the purposes of the said sub- section shall be the tropical fresh water load-line so prescribed.

(3) Subject to the provisions of this rule, sub-rule (2) shall apply to all ships registered in India (not being exempt from the provisions of Part IX of the Act, relating to load-lines) with such exceptions and subject to such restrictions as may be specified in a general or special order by the Central Government.

(4) Sub-rule (2) shall not apply to a ship unless the load-line certificate Issued in respect thereof bears an endorsement in the prescribed form signed by or on behalf of an assigning authority stating—

(a) that the ship is one to which the said sub-rule applies;

(b) the effect of the said sub-rule;

(c) any restrictions specified in any such order subject to which the said

sub-rule applied to the ship.

(5) A certificate issued in respect of a ship shall not be endorsed by or on behalf of an assigning authority m pursuance of sub-rule (4) unless the autho- rity 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 bv 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 writino 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 na 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 endorse-

ment within such period as may be so specified.

(8) The provisions of clause (b) of sub-section (1) of section 319 and sub- flection (1) of section 320 of the Act shall, in the case of a ship the load-line certi- ficate of which has been endorsed by virtue of sub-rule (4), have effect as if the particulars mentioned in the said provisions include particulars of the endorse- ment.

(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, ISWO, applies similar to the provisions of sub-rule (2) and for the endorse- ment 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 vEilid international load-line certificate notwithstanding that it bears the endorsement, if, but for the endorsement, it would be such a certifi- cate; 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 328 of the Act shall have effect in relation to any such ship as if the following sub-clause were substituted for sub-clause (1)" of clause (b) thereof, namely:—

(i) in case of a ship in respect of which there is produced on such an inspection as aforesaid a valid international load-line certificate, the load-line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled to be loaded'.

(12) If any person contravenes any of the provisions of this rule, or any order made thereunder he shall be punishable with fine •vtfhich friay extend to one thousand rupees,

97. Provisioning- of Vessels.— (1) The Central Government may for the purpose of securing the defence of India and civil defence, the public safety, the efficient conduct of military operations or for maintaining supplies and services essential to the life of the community, by general or special order make provision for requiring any—

(a) vessel proceeding to sea from a port in India on a voyage to any other

port in India,

(b) vessel registered in India proceeding to sea from any port,

to have on board such emergency rations supplies of fuel or other stores as may be specified in the order.

(2) Any provisions of an order under sub-rule (1) may be framed so as to apply to any specified class of such vessels and so as to apply to any such vessel while engaged in such trades as may be specified in the order.

(3) If any vessel proceeds or attempts to proceed to sea without complying with an order under sub-rule (I) or if otherwise there is any contravention 01 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.

98. Power to require performance of services in certain ships.—(1) In this rule, "competent authority" means an office appointed by the Central Govern- ment as such for the purposes of this rule.

(2) The competent authority may direct any person to perform such services in any ship as may be specified or described in the direction, being any services which that person is, in the- opinion of the competent authority, accustomed to perform.

(3) Any services required to be performed by a direction under sub-rule (2) shall be performed on such terms as to remuneration and conditions or service as: the competent authority may direct.

(4) If any person contravenes any direction given under this rule, he shall be punishable with imprisonment which may extend to two years or with fine or with both.

99. Employment In Indian vessels.—(1) The Central Government may as res- pects any class of vessels registered in India, by order make provision for prohibit- ing 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 employ- ment of persons either in any capacity or in such capacity as may be specified and so to restrict the employment of persons on such vessels as aforesaid either wherever they may be or while in such waters, or engaged in such trades or on such voyages, as may be specified.

(3) If any person contravenes any order made under this rule, he shall be punishable with imprisonment for term which may extend to five years, or with, fine, or with both.

100. Employment abroad of agents for Indian Vessels,—(1) The Central Gov- ernment, with a view to preventing the employment abroad, in connection with the management of vessels registered in India of enemy aliens or persons con- nected wi?h the enemy, may by order direct that, as from su~h date as may be- specified, the owner, manager or charterer of any vessel registered in India, being a person resident in India, or a corporation incorporated under any law in force in India shill 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 ter- ritories, or to emnloyment In such foreign countries or territories, or such class of foreign countries or territories, as nriy 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.

101. Power to restrict use of foreign ships.—(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 regu- latina or retricting the cha ter by persons whethe' on their own behalf or as agents for other persons whether within or without India, o^ 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 anv nelson coiiiravenes the provisions of any order made under sub- rule (2), he shall be punishable with fine.

102. Stopping of vessels.— (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 bfe of the community, may by order direct—

(,a) as regards any class of vessels in India, that no vessel of that class shall leave any port or place in India at which it may be, or

(b) as regards any particular vessel at any port or place in India, that vessel shall not leave that port or place,

except with permission granted by such authority as may be specified m the order

(2) If any vessel leaves or attempts to leave any port or place in contravention of an order made under sub-rule (1), the master of the vessel shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

103. Power to restrict the transfer of aircraft— (1) No person shall, without the previous consent in writing of the Central Government, transfer or acquire any mteiest in any aircraft registered under the A im aft 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 iden- tified under any system, recognised by the Director-General of Civil Avjation in India, for the purpose of the constiuction of aircraft

(1A) Any transaction effected in contravention of the provisions of sub-rule (1) shall be void and unenforceable

(2) If any person contravenes any of the provisions of sub-rule (1), he shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

104 Enforcement of provisions of the Aircraft Act and Rules.—The pilot of any aircraft flying in contravention of any provision of, or of any rule made under, the Aircraft Act, 1934, (22 of 1934), shall, on being warned m the man- ner 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

105 Stepping of aircraft,—(1) Any person authorised m this behalf by the Central Government may, if it appears to that person to be necessary in the inter- ests of the defence of India and civil defence so to do, order, with respect to any particula aircraft at any place m India, that the aircraft shall not leav" 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 a& 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 ninctv-six hours after the time at which it it. made, unless in the meantime it has been confirmed by the Central Government.

106 Control of navigation of seaplanes.—0) The Central Government may, by ordei, make provision as to the places in India m or to which seaplanes may be or RO, and generally for regulating the movements, navigation pilotage, an- chorage, mooimg, berthing and lighting of seaplanes on the surface of the water.

(2) For the purposes of this iule, seaplanes taking off from or alighting on, the watei bhall 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 yeans, or with fine, or with l"oth.

PABT XI

REQUISITION AND ACQUISSTION OF MOVABLE PROPERTY

107. Definitions.—(1) In this Part,

"Competent authority" means the Central Government or the State Gov- ernment 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 seiyed on the owner of any property if it is served on the person having possession or control of that property.

108. Requisitioning of 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 pro- perty and may make such further ordeis as appear to it to be necessary or expedient in connection with the requisition.

(Z) 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.

109. Rele a from requisition.—(1) The competent authority may, at any time release from requisition any property requisitioned under rule 108 and shall, as far as possible, restore the property in as good a condition as it was when possession theteof was taken, subject only to the cnanges caused by reasonable wear and tear.

(2) Where any property is to be released from requisition, the competent authority may, after such enquiry, if any, as it may in any cas: consider necessary to make or cause to be made, specify by order in wiiting 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 (11 shall be a full discharge of the Government from all liability in lespeet of such property and the requisition •shall be at an end :

Provided that nothing in this rule shall prejudice any rights in rcsptvt 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 diven cannot be iound and has no legal agent 01- other person empowered to accept delivery on his behalf, the competent" authovitv shall cause a notice derlannq that the property is released from requisition to be published in the official -Gazette.

(5¹) 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 pro- perty for any period after the said date.

110. Power to acquire requisitioned movable property.—(1) In respect of any property requisitioned under rule 108, the competent authority may, at any time, serve upon the owner or, if the owner cannot be found, publish in the official Gazette, a notice to the effect that the competent authority has decided to acquire such property in pursuance of this rule.

(2) When a notice as aforesaid is seived upon the owner or published in the official Gazette as the case may be, the requisitioned propeity shall as and fiom the beginning of the day on which the notice is so serveel or published vest absolutely in the Government free from all encumbrances and the period of requisition of such property shall end.

111. Compensation for requisitioning of property.—The compensation payable in respect of requisitioning of any movable property, including vehicles, vessela and aircraft, shall be the sum total of the following items:—

(i) interest on the cost at which the owner had purchased the property calculated in a manner and at a rate, not being below 3% or above 6% per annum, that may be prescvib:d by the Government by a general or special order for any class of property ;

Provided that where the property had been obtained by the owner as a gift or its cost cannot be established by him to the satisfaction of the competent authority or its cost exceeds the current replacement price of the property, the current price of the samj property or property whieh, in the opinion of the competent authority, is sub* stantially similar to it, shall be taken to be its cost;

(ii) an amount representing depreciation of the property during the period' of its requisition calculated at a late not exceeding 30% per annum; and in a manner that may be prescribed by the Government by w 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 of the cost referred to in (i) above reduced by depreciation as in (ii) above, not being less than 3% per annum as may be prescribed by the Government m a general or special order with such conditions' as the Government may think fit; and

(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 bal.nce, representing (i) and (ii) above shall be madj over to the financier till he receives the full consideration and this provision shsJl 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 loat at a time when it is not insured, there shall be paid to the owner additions? 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 lossv the compensation being determined in the manner set out below:

Provided also that the owner shall have the right to appeal to the Com- pensation Tribunal hereinafter provided, within thirty days of the receipt of the order of the competent authority assessing the com- pensation, in the form and manner that may be prescribed by the Central Government by a general or special order.

112. Compensation for acquisition of property.—The compensation payable In respect of tha 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 replacem.nt 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 txceeding 30% per annum prescribed by the Central Government in a general or special order for any class of property.

Explanation: —In arriving at the price which might have to be paid for the replacement of the property, no account shall be taken of any appre- ciation in the value thereof after the eighth day of October, 1962:

Provided further that the owner of the property shall have the right to appeal to the Compensation Tribunal hereinafter provided, within thirty days of the receipt of the order of the competent authority assessing the compensation in the form and manner that may b= 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 fa revised by the Compen- sation Tribunal hereinafter provided, on a reference by the State or Central Government, after giving an opportunity of being heard to the owner:

Provided alao that the compensation payable under this rule shall not exceed the maximum price of the property fixed by order under any law for the time being in force.

113. Compensation Tribunal.—(1) The Central Government shall by notification appoint a Compensation Tribunal for such area as may be specified in the noti- fication to exercise the functions conferred on the Compensation Tribunal by the foregoing rules.

(2) The Compensation Tribunal shall consist of

(1) a person who has for at least ten years either held a judicial post or been in practice as an Advocate of a High Ccurt, and

(ii) a person who has for at least ten years been in the practice of Account- ancy as a "Chartered Accountant under the Chartered Accountants Act, 1949 (37 of 1949), or as a registered accountant under any law previously in force cr partly as a registered accountant and partly as a chnrtered accountant, or any person who has had, in the opinion of the Central Government, adequate expedience of a character which renders him suitable for appointment to the Tribunal,

(3) If the members cf a Tribunal constituted for any area differ In their assess- ment of the romnensation 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 oroduction 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 oi 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 tWa

rule,

114. Payment of compensation.—The compensation determined by the compe- tent authority for requisitioning or acquiring property shall be paid within such period, at such Intervals and in such manner as the Central Government may, by a general or special order, prescribe:

Provided that where payment of the compensation Is delayed beyond the period so prescribed, interest shall be payable on the amount or part of the amount in arrear at such rate not being below 3 per cent, or above 6 per cent, per annum and with effect from such date or dates that the Central Government may prescribe by a general or special order.

115. Power to take up accommodation in vessels and aircraft.—The competent authority may, by order in writing, require the owner of any vessel or aircraft registered in India,

(1) to place at the disposal of the competent authority the whole or any part of the space or accommodation available en such vessel or aircraft and to employ such space or accommodation for Jhe carriage of any persons, animals or things to any place specified in the order, and

Xii) to undertake or permit to be undertaken such structural additions or alterations on board such vessel or aircraft as may be necessary for the safe carriage of any persons, animals or things.

Whenever, In pursuance of clause (a) of sub-rule (1), any space or accommoda- tion 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 oi accommodation during the twelve months immediately pre- ceding the date of Proclamation of Emergency.

116. Power to require information etc.—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;

[(il) 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.

117. Penalty for contravention of orders under this Part.—If any person con- travenes any order made m pursuance of the provisions of this Part, he shall be punishabls with imprisonment for a term which may extend to three years, or with fine, or with both.

PART XII

ESSENTIAL SUPPLIES AND WORK

118. Control of building operations.—(1) In this rule, "bulldlne" 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 1B 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 behali 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 aa that authority thinks fit for conserving essential building materials, and to re- voke, or modify the terms of, any permit granted by it.

(4) If any person contravenes any order made under sub-rule (2) or falls 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 (21, 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 maj 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 whieh contravention continues.

119. Power to exempt buildings from the operation of building laws.—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 main- tenance 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 ex-cuted, whether in relation to a building or otherwise, by any person with the sanction of the Central or the State Government, for the purpose of providing air raid shelter or rendering any building less vulnerable to hostile attack.

120. Restrictions on certain powers of local authorities.—(1) In this rule "the appropriate Government¹' means in relation to cantonment authorities and port authorities in major ports, the Central Government, and in relation to other local authorities, the Central Government or the State Government.

(2) No local authority shall, except with the permission of the appropriate Government, exercise its powers of entry and inspection, or its powers of calling for information, in respect of any buildings or other premises which the Central Government may, with a view to prevent leakage of information valuable to the enemy, certify in this behalf: and the appropriate Government may, at the tlmfe of granting the permission or subsequently, impose such conditions as it thinks tit on the manner in which, and the extent to which, the powers shall be exercisable hy or on behalf of the local authority In respect of those buildings or other pre- mises.

(3) No local authority shall, exceot with the permission of the appropriate Government, exercise its powers of demolition in respect of any building which may be certified bv th- Centnl Government as hprnff used for purpo-es essential to the defenre of India and civil defence, the efflcieint conduct of military opera- tions or the maintenance of essential services or supnlles, and thp aopropriate Government may, at thp time of granting the permission or subsequently, impose such condi'lon as It think? fit on the manner in which and the extent to which the POWPT-S qVinii be exercisable by or on behalf of the local authority In respect of the building.

121. Power to do work on land.—(1) For the purooses of this rule and of rule 122, the doing of work on land shall include the demolition or rendering useless of anything placed In, on or over the land, the removal from the land of anything so demolished or rendered useless and the maintenance of any work or thing, In on or over the land,

(2) Any member of the Armed forces of the Union acting in the course of Ma duty as auch, and any other person authorised byi the Central Government or th"-

Slate Government In that behalf, may, if in the opinion of such member or person it is necessary or expedient so to do for securing the defence of Tndia and civil defence, the public safety, the maintenance of public order or the efficient conduct of military operaions, 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 t hj State Government it Is necessary or expedient 'so to do for securing the defence of India and civil defence, the public safe'y, 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 aijy such work as may be specified in the order.

122. Powers to reauire certain persons to do work.—(1) Anv officer of Govern- ment authorised In this behalf by general or special order of the Central Govern- ment or the State Government may, within such area as may be snecifi d in the order, require any male person in that area to assist in the doing of work on land for such period and In such manner as the officer may direct, being work the doing at which is In the opinion of the officer necessary to meet an actual or apprehend- ed 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) ehall be paid such remuneration for doing the work as the officer giving the direc- tion may determine,

(3) If any person falls to comply with any lawful direction given to him under sub-rule (1), he shall be punishable with imnrlsonment for a term which may extend to six months, or with fine, or with both.

123. Salvage from premises damaged by military operations.—(1) The Central Government or the State Government may by general or special order provide—

(a) for the clearing of any premises which, in eonspauence of military opera- tions, 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, storace or disposal of anv such animals, articles or things aa aforesaid, including the disinfection or dpstruction of animals, articles or things which may be a source of danger to public health or safety.

Explanation.—In this sub-rule, "oremises" Includes buildings, lands, harbours, docks, piers, wharves and other such places and "articles" include vehicles and vessels.

(2) Any animals, articles or things removed from any premises In accordance W i th jn j . d t -i u i m ti M J I J - H ' I -' ( 1) si ill ^ ' h j e rt 1O a nv n ^ o v i t ' o ns of t he o r d er authorising destruction or disposal, be held on behalf of the person for the time being entitled thereto until th y are delivered to him.

(3) Where anv animals, artkles or things ore dtsnosprl of, whether by sale at the premises or otherwise, in accordance with an order under sub-rule (1), the net tiiocecds, If any, of such sa'e 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 orovlsions of any order midc under sub-rulo (1), he shall be punishable with Imprisonment for a term which may extend to- six months, or with fine, or with both.

124, Control of Agriculture.—(1) The Central Government or the State Govern- ment, =o far as it appears to It to be necessary or expedient for regulating or Increasing the supply of articles which can be used in connection with the conduct Of military operations or for maintaining supplies and services essential to the life of the community, may by notified order provide: —

(a) for prohibiting, restricting, or otherwise controlling the cultivation of specified crops;

(b) for bringing under cultivation any waste or arable land whether appurt- enant to a building or not, and for the growing therein of specified crops;

(c) for securing the utilisation of land for the cultivation of specified crops,

or as pasture lands, or for any other agricultural purposes;

(d) for adoption of measures for the protection of crops against pests and diseases and for the destruction of diseased or Infested crops or trees wnich may be a danger to tnj neignbouring crops or trees;

Provided that no order shall be made by a State Government under clause (a) "xcept with the previous approval of the Central Government.

(2) If In the opinion of the State Government the person in possession or effco- live 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 pie- juaice to any oiner action that may be taken against that person (hereinafter referred to as the defaulter) In respect of the contravention, by order direct that the land shall be placed in the exclusive possession of such person and for such period as may be specified in the order, and during the period of continuance of the last mentioned order the person specified therein shall have all the rights of the defaulter to manage the land and realise the profits arising therefrom and shall only be liable to pay on behalf of the defaulter the Government revenue, all other charges of a public nature and the rent, if any, accruing due in respect of the land during that period.

(3) If any person contravenes any order made under this rule otherwise than under cause (b) of sub-rule (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and in addition, any Court trying such contravention may direct that any crops or other produce of land cultivated or grown in contravention of the order shall be forfeited to Government.

125. General control of Industry, etc.—(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 sup- plies and services essential to the life of the community or for securing the equit- able distribution and availability of any article or thing at fair prices, it may, by order, provide for regulating or prohibiting the prnduction, manufacture, supply and distribution, use and consumption of articles things and trade and commerce therein.

(3) Without prejudice to the generality of the powers conferred by sub-rule (2), an order made thereunder may provide—•

(a) for regulating by licences, permits or otherwise the production, manu- facture, treatment, keeping, storage, movement, transport, distribution, disposal, acquisition, use or consumption of articles or things of any description whatsoever;

(b) for prohibiting the withholding from sale, either generally or to specified persons or class or classes of persons, of articles or things ordinarily kept far sale and for requiring articles or things ordinarily kept for sale to be sold either generally or to specified persons or class or classes of persons or in specified circumstances;

(c) for requiring any person holding in stock any article or thing to sell the whole or a specified part of the stock to the Government or to an officer or agent of the Government or to such other person or class or classes of persons and in such circumstances as may be specified in the order;

(d) for securing the production or manufacture of specified articles or things in specified quantities and for effecting modification in the pattern of production or manufacture of such articles or things;

(e) for controlling the prices or rates at which articles or things of any description whatsoever may be sold or hired or for relaxing any maximum or minimum limits otherwise imposed on such prices or rates;

(f) for controlling the rates at which any vessel registered in India may be- hired and the rates at which persons or goods may be carried in or on any auch vessel;

(g) for requiring any employers or class or classes of employers to supply to all or any class of their employees or to any class of dependents Of such employees such articles or things in such quantities and at such price as may be specified in the order and to provide such ac- commodation and other facilities for taking meals at or near the place of employment as may be so specified;

(h) for controlling the recruitment and employment of labour in auch areas as may be specified in the order, with a view to securing that efficient workers are available for undertakings which, in the opinion of the Government, are essential undertakings;

(i) for regulating the carrying on of any undertaking engaged in, or cap- able of doing, work appearing to the Government essential to any of t the above mentioned purposes, and, in particular,—

(J) 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,

(ill) 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;

-•i n (j) for requiring persons engaged in the production, manufacture, supply or distribution of, or trade and commerce in any article or thing, to- maintain and produce for inspection such books, accounts and records relating to their business and to furnish such Information relating thereto and to employ such accounting and auditing staff as may be specified in the order;

(k) for collecting, any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;

(1) for requiring persons carrying on any industry, trade or business or employed in connection with any undertaking to produce to such authority as may be specified in the order, any books, account or other documents relating thereto; and for requiring such persons to rurniah such authority as may be specified in the order such estimates,

returns or other information relating to any industry, trade or busi- ness or any undertaking as may be specified in the order or demanded thereunder;

(m) for the grant or issue of licences, permits or other documents, the charging of fees therefor, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the for- feiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;

(n) for any incidental or supplementary matters for which the Central Government or the State Government thinks it expedient for the pur- poses of the order to provide, including in particular, the entry into, search and inspection of premlsess, places, vehicles, vessels or air- craft, the seizure, subject to the provisions of sub-rule (7) by a person authorised to make such search of any articles or things in respect of which such person has reason to believe that a contravention of the order has been, is being or is about or likely to be committed.

(4) 11 it appears to the Central Government or the State Government that in the interests of the defence of India and civil defence, or the efficient conduct of military operations, or for maintaining supplies and services essential to the life of the community, it is necessary to exercise control over the whole or any part of an existing undertaking, that Government may by order authorise any person (hereinafter referred to as an authorised controller) to exercise with respect to the undertaking or any part thereof specified in the order, such functions of con- trol as may be provided by the order; and so long as an order made under this Bub-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 in- strument determining the functions of the undertakers except in so far as may be specifically provided by the order; and

(b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller in accordance with th" 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.

(5J The Central Government, so far as it appears to it to be necessary or ex- pedient for securing the defence of India and civil defence or the efficient con- duct of military operations, or for maintaining supplies and services essential to the life of the community, may direct the employment of persons subject to th" Army Act, 1950 or the Air Force Act, 1950, or the Navy Act, 1957—

(a) in any public utility service as defined in section 2 of the Industrial

Disputes Act, 1947, or

(b) in any undertaking or part thereof,

(i) which is being carried on by the Central or a State Government, or

(ii) which, in the opinion of the Central Government, is engaged in any trado or business essential to the life of the community, or

(iii) with respect to which an order made under sub-rule (4) \s in force;

and thereupon it shall be the duty of every person so subject to obey any com- mand given by any superior officer in relation to such employment and every sruch command shall be deemed to be a lawful command within the meaning and f*OIl th,t VurP⁰⁵* ot t he Army Act, 1950, or the Air Force Act. 1950, or the Navy ' y Act, 1857, as the case may be.

(6) A direction under sub-rule (5) may be made with or without the consent of the person carrying on the undertaking or part thereof to which the direction relates but if made without hia consent shall be communicated to such person who shall thereupon be deemed to have contravened an order made under this rule if he obstructs or fails to facilitate the employment of persons subject to the Army Act, 1950, or the Air Force Act, 1950, or ttie Navy Act, 1957, in pursuance of the direction.

(7) Any articles or things seized under the authority of any order made under clause (n) of sub-rule (3} Shall be conveyed without delay before a Magistrate who may give such directions as to their temporary custody as he thinks fit, so however that where no prosecution is instituted for a contravention of the order in respect of the articles or things seized within a period in his opinion reason- able and no action is taken for adjudging forfeiture of the articles or things under sub-rule (8), the Magistrate shall direct their return to the person from whom they were seized; and subject to the foregoing provisions of this sub-rule, the provisions of the Code of Criminal Procedure, 1898, shall so far as they may be applicable, apply to any search or seizure under the authority of any such order as they apply to any search or seizure under Chapter VII of that Code.

(8) Where any articles or things are seized under the authority of an order relating to cotton cloth or yarn and the order provides for the forfeiture of articles or things in respect of which the order has been contravened, such for- feiture 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 ahall subject only to an appeal which shall lie to the State Government, be final:

Provided that an adjudication of forfeiture under this sub-rule shall be no bar to the prosecution or punishment of any person under the provisions of sub- rule (9).

(9) If any person contravenes any order made under this rule, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both and, if the order so provides any court trying such con- travention may direct that any property in respect of which the Court is satisfied that the Order has been contravened shall be forfeited to Government.

126. Avoidance of strikes and lock-outs.—(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 any- thing contained in any other provisions of these rules, the Central Government may, by general or special order, applying generally or to any specified area and to any undertaking or class of undertakings, make provision

(a) for prohibiting subject to the provisions of the order a strike or lock-

out in connection with any industrial dispute;

(b) for requiring employers, workmen or both to observe for such period as may be specified in the order such terms and conditions of em- ployment as may be determined in accordance with the order:

Provided that no Order made under clause (b) shall require any employer t" observe terms and conditions of employment Jess favourable to the workmen than those which were applicable to them at any time within three months preceding the date of the order.

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

(3) In this rule, the expressions "employer", "lock-out", "strike", "industrial dispute and "workman" shall have the meanings respectively assigned to them in section 2 of the Industrial Disputes Act, 1947 (14 of 1947).

PART XIII

TRANSPORT

127. Control of traffic at ports and aerodromes.—(1) Without prejudice to any order made under sub-rule (1) of rule 64 or to the provisions of any other of these Rules, the Central Government may by order make provision—

(a) for prohibiting, restricting or otherwise controlling the shipping or unshipping of persons, animals or" goods or any specified class of per- sons, 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 per- sons, 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,

128. Congestion of traffic at ports and aerodromes ana on railways.—(1) The appropriate authority may, for the purpose of preventing or avoiding any undue congestion at any port or aerodrome or on any railway premises caused to be removed therefrom, and kept at such places as that authority thinks proper, any goods which are not removed with reasonable despatch by or on behalf of the •consignee.

(2) The cost of the removal and custody of any goods under sub-rule (1) shall be recoverable from the consignee as an arrear of land revenue by the appropriate authority, which for the purposes of such recovery shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act 1890 (1 of 1890).

,

(3) For the purposes of this rule, the expression "appropriate authority" means—

(a) in respect of a port, the port authority of the port, or any person au- thorised 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.

129, Handling and conveyance of ammunition, etc.—(1) If it appears to the Central Government to be necessary or expedient so to do for securing the de- fence of India and civil defence, or the efficient conduct of military operations or lor maintaining supplies essential to the life of the community the Central Gov- ernment 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, un-loading, 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 Gov- ernment 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 apears to him neces- sary 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.

130. Vehicles belonging to the Central GoTetnmant,—(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 thai 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 ur class of vehicles which is the property of the Central Government in the Defence Ministry or which is other- wise 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 ns 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.

131. Control of road and water transport.—(1) In UAs rule--

(a) "vehicle" means any vehicle used, or, capable, of being used, for the purpose or road transport, whether propelled by mechanical power or otherwise, and whether used for drawing other vehicles oi other- wise, and includes a tramcar and a trolly-vehicle;

(b) "animal" means any animal used, or capable of being used, for the

transport of persons or goods;

(c) "water transport" means transport on inland water-ways or tidal waters or along the coast ana 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 vehicale;

(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 hia 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 autho- rised in pursuance of, the order; and such directions may require the person owning, or employed in connection with, or having in his pos- session 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 rcutes 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 haded;

(f) provide for prohibiting or restricting the carriage of persons or good* of any class by road, and for prescribing the radius or distance within which persons or goods of any class may be carried by road;

(ff) provide for prohibiting any person or class of persons from travelling by any vehicle or class of vehicles;

(g) provide for the giving of directions with respect to the carriage of per- sons or goods on any particular vehicle, or by any particular route, or to any particular clearing house or depot;

(fSK) provide for prohibiting or restricting the carriage of persons or goods by any vehicle or class of vehicles, either generally or between any particular places or on any particular route;

(h) provide for the regulation of the priority in which persons and goods are to be carried by road and vehicles are to be used for the purpose of road transport;

(i) make such other provisions in relation ta 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 pub- lic order of the efficient conduct of military operations, or for main- taining supplies and services essential to the life of the community,

(3) If any police officer or any other person authorised by the Central Govern- ment or the State Government in this behalf has reason to believe that any animal or vehicle, is or is kept, in or upon any building, land or other premises, or Is being used by any person in contravention of an order made under sub-rule (2), such •officer or person may—

(i) enter and search such building, land or other premises, and seize any animal or vehicle found therein or thereon which he suspects to be therein or thereon in contravention of the order;

(ii) stop such person and seize any animal or vehicle which is being used in contravention of the order.

(4) The Central Government or the State Government may declare any animal or vehicle seized in pursuance of sub-rule (3) to be forfeited to Government and thereupon such animal or vehicle shall be disposed of In such manner as may be- ordered by that Government.

(5) The provisions of sub-rules (2), (3) and (4) shall also apply In relation to water transport and vessels used or capable of being used for the purpose of water transport as they apply in relation to road transport and vehicles.

(6) If any person contravenes any order made in pursuance of 1his rule, he shall be punishable with imprisonment for a term which may extend to six months.

>r with fine, or with both.

PART XIV

FINANCIAL PROVISIONS

132. Prohibitions regarding coins and notes.—(1) In this rule,—

(1) the expression "coin" means coin which is legal tender under the Indian Coinage Act, 1906 (4 of 1906);

(ii) the expression "note" means a Reserve Bank of India note or a currency note of the Government of India or a Government of India one rupee note Issued under the Currency Ordinance, 1940 (3 of 1940); (ill) 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 fac"

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 require- ments for the time beini; which, in the case of an acquisition of coin from any Currency Office, Treasury, Sub-Treasury or branch of the State Bank of India doing treasury business, shall be determined by the officer in charge of such Currency Office, Treasury, Sub-Treasury or branch whose determination shall be final and shall not be called in question in any legal proceedings; or

(e) possess small coin in any amount in excess of his personal or business

requirements for the time being.

(3) If any person contravenes any of the provisions of this rule, he shall be punishable with imprisonment for a term which may extend to five years, or with line, or with both,

133. Regulation of dealings In securities.—(1) No person shall buy or sell, or •offer to buy or sell, whether on behalf of himself or of any other person any securi- ties at less than such prices as the Central Government jnay notify in this behalf.

(2) For the purposes of regulating contracts in securities or for any other pur- poses connected therewith or ancillary thereto, the Central Government may Issue to any individual or any body of individuals constituted lor the purpose of assist- ing, 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 impriscnment for a term which may extend to five years, or with fine, or with both.

Explanation.—For the purposes of this Rule, "securities" shall include:

(a) Government securities as defined In section 2 of the Public Debt Act.

1944;

(b) shares, scrips, stocks, bonds, debentures, debenture stock or other mar- ketable securities of a like nature in cr of any incorporated company or other body corporate; and

(c) rights or Interests in securities.

PART XV

MISCELLANEOUS PROVISIONS

134. Powers relating to storage accommodation.—(1) The competent authority may, by order in writing require the owner oi" any warehouse or cold storage depot or of any premises capable of being used for storage purposrs (not being premises used for residential purposes), to place at his disposal the whole or eny part of the space or accommodation available in such warehous; 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 own r or person to afford such facilities, and maintain such services, m respect of the storage of such articles or things, as may be specified.

(2) Whenever in pursuance of an order made under sub-rule (1) any space or accommodation in a warehouse or cold storage d pot 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 th<* usual rates paid for like space or accommodation by t h; competent authority or by any other person 'or similar space or accommodation during the twelve months immediately preceding the date of Proclamation of Emergency.

135 Derelict articles.—(1) If any person finds any article as to which he has Teasonable 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 t hj possession of a person who was serving with an armed force, the person so finding the article—

(a) shall report tho 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 ia 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 rest ictions 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.

136. Protection of privileges and Immunities of diplomatic missions.—Nothing contained in these Rules shall affect the privileges and immunities of diplomatic missions in India in respect of—-

(i) the premises of such missions and the residences of diplomatic agents;

(ii) the inviolability of diplomatic bags and pouches and in general the right of free communication on the part of diplomatic missions with their sending Governments including the use of diplomatic couriers and messages in code or cypher;

(iii) facilities in regard to the use of transmitters where such facilities have been extended by the Government of India.

137 Power to obtain Information.—(1) Without prejudice to any special provi- sions contained in these Rules, the Central Government or the State Government may bv order require any person to furnish or produce to any specified authority or person any such information or article in his possession as may b: specified in the order, being Information or an article which that Government considers it necessary or expedient in tho interests of tho 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 0 der require any impoitcr 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 (21, he shall bo 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 b:inging into India by sea, land or air. (b) "export" means taking out of India by sea, land or air.

138. False statement.—If any person—

(I) when reauired by or under any of these Rules to make any statement () or ffl 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

(u) 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&9 Power to require production of books, etc.—(1) Where any person is required by or under any of these Rules ot 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 m his possession or under his control

(2) If any person fails to produce any books, accounts or other documents In compliance with an order mad= 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

140 Prohibition against disclosing information.—(1) No person who obtains any information by virtue of these Rules shall, otherwise than in connection with the ex cution 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

141 Publication affixation and defacement of notices.—(1) Save as otherwise expicssly provided in these Rules, every authority, officer or pe son who makes any order in wilting in puisuance 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 sucn manner as may, in the opinion of such authority, officer or person, be bnst adapted for informing persons whom the order concerns in the case of an order affecting an individual corporation or film serve or cause the order to be served in the manner for the service of a summons m mle 2 of Older XXIX or rule 3 of Order XXX, as th case mry be, in the First Schedule to the Code of Civil Proc-cdure, 19fl8 (5 of 1908) ind in the case of an order affecting an Individual person (not being a coipoiation or firm) servo or cause the order to be seived on that p e r s o n-

CD personally, by delivering or tendermg to him the order, or

(ii) by post, or

(111) 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 m which he is known to have last resided or carried on business or personally worked for gam and thereupon the persons, corporation, firm or person concerned shall be deemed to have been duly informed of the order.

(2) If m the course of any judicial proceedings a question arises whether a -person was duly infoimed of an otder made m pursuance of these Rules, com- pliance 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-iule (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, obli- terates or in any way tempers with any notice affixed or displayed in pursuance of these Rules, or contravenes any order under sub-rule (4), he shall be punish- able with imprisonment for a term which may extend to six months, or with fine, or with both.

'

142. Obstructing lawful authorities.—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 peison as aforesaid or who is otherwise acting in accord- ance with his duty in pursuance of those Rules,

he shall be punishable with imp isonment for a term which may extend to two years, or with fine, or with both.

143. Power to Impose civil duties on servants.—(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 nnd civil de encc, the public safety or the main- tenance of public order, or foj maintaining supplies and seivices 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 witlim the station in which such pei'son or persons a. e for the time being serving as may be specified in tho order.

<2) Any person to whom an order made under sub-rule (11 applies shall, notwithstanding that he subsequently ceases to be in the civil service of the Government continue to perform the duties imposed on him by the order until he is relieved therefrom by competent authority.

(.3) If any person contravenes the provisions of any order made under this rule, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

PART XVI

SUPPLEMENTARY AND PROCEDURAL

144. Attempts, etc. to contravene the Rules.—Any person who attempts to contravene, o. abets, or attempts to abet, or does any act preparatory to, a con- travention of, any of the provisions of these Rules or of any order made there- under, shall be deemed to have contravened that provision or, as the case may be, that order.

145. Offences by companies.—(1) Where an offence against the provisions of these Rules, or of any order made thereunder, has been committed by a com- pany, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of th" business of the company as well as the company, shall be d e m ed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.