REGISTERED NO. D.221

The Gazette

of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 10]

NEW DELHI, THURSDAY, JANUARY 10, 1963/PAUSA 20, 1884

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 10th January 1963

G.S.R. 91.—In exercise of the powers conferred by section 3 of the Defence

of India Act

1962 (31 of 1962), the Central

Government hereby

makes the

following rules further to amend the Defence of India Rules, 1962 (published

with the notification of the Government of India in the Ministry of Howe Affairs

No, G.S.R. 1465, dated the 5th November, 1962), namely: —

1. These rules may be called the Defence of India (Second Amendment)

Rules, 1963,

2. After rule 72 of the Defence of India Rules, 1962 (hereinafter referred to

as the said rules), the following rule shall be inserted, namely: —

"72-A. Prevention of spread of disease.—(1) if the Central or the State

Government is of the opinion that it is necessary or expedient to

prevent the spread of human or animal disease and to safeguard

the public health in any area for securing the defence of India and

civil defence, the efficient

conduct of military operations or the

maintenance of supplies and services essential to the life of the

community, it may, by order, provide for any or all of the follow-

ing measures being taken in that area, namely: —

(i) compulsory vaccination against small-pox;

(ii) compulsory inoculation against

cholera, plague, enteric fever or

other infectious

or contagious

disease whenever

an outbreak

thereof is apprehended;

(iii) supplying

of

information

regarding

infectious

or

contagious

diseases;

!

(iv) isolation

of

persons

suffering

from

infectious

and

contagious

diseases;

(v) inspection of hotels, restaurants, clubs and other places suspected

to be infected premises and disinfection thereof;

(vi) prohibition of fouling of places and grazing of cattle;

(vii) destruction of stray dogs and other dangerous animals;

(viii) prohibition of sale of unhygienic or adulterated articles of food or

drink or medicines or drugs;

(ix) safeguarding of sources of water supply for the troops;

(x) any other measure necessary for

safeguarding the public

health

in that area.

(2) An order under sub-rule (11 may also empower any officer or autho-

rity to take, or cause to be taken, such steps as may be necessary

for giving effect to that order.

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(3) If any person contravenes any of the provisions of an order made

under this rule, he shall be punishable with imprisonment ior a

term which may extend to one year, or with fine, or with both."

3. After rule 131 of the said rules, the following Part shall be inserted,

namely: —

"PABT» Xin-A

Imports and Exports

131-A. Power to prohibit or restrict import and export of goods.— (lj Words

and expressions used, in this rule shall have the same meaning as in the Imports

and Exports Control Act, 1947, the Imports

(Control)

Order 1955 and the

Exports (Control) Order, 1962.

I

12) The Central Government may, by notified order, make provision for prohi-

biting, restricting or otherwise controlling, in all cases or in specified clusses of

cases, and subject to such exceptions, if any, as may be made by or under the

order,—

(a) the import, export, carriage coastwise or shipment as ships' stores of

goods of any specified description;

(b) the bringing into any port or place in India of goods of any specified

description intended to be taken out of India without being removed

from the ship or conveyance in which they are being carried.

(3) All goods to which any order under sub-rule (2) applies shall be deemed

to be goods of which the import or export has been prohibited or restricted under

section 19 of the Sea Customs Act, 1878, and all the provisions of that Act shall

have effect accordingly, except that section 183 thereof shall have effect as if for

the word 'shall' therein, the word 'may' were substituted.

(4) Notwithstanding anything contained in the Sea Customs Act, 1878, the

Central Government may, by notified order, prohibit, restrict or Impose conditions

on the clearance, whether for home consumption or for shipment abroad, of any

goods or class of goods imported into India.

(5) If any person contravenes any order made under this rule (including any

condition of a licence granted under any such order), he shall, without prejudice

to any confiscation or penalty, to which he nwy be liable under the provisions of

the Sea Customs Act, 1878, as applied by sub-rule (3), be punishable with im-

prisonment for a term which may extend to three years, or with fine, or with

both.

131-B, Smuggling.— (1) No person shall acquire possession of or in any way

be concerned in carrying, removing, depositing, harbouring, keeping, concealing,

selling or purchasing or in any other manner dealing with or financing any goods

(including coins and currency, whether Indian or foreign, and foreign exchange)

which have been or are attempted to be brought into or taken out of India, in

contravention of the prohibitions or restrictions for the time being in force under

the provisions of or by virtue of sections 18 and 19 of the Sea Customs Act, 1878

or any order under rule 131-A.

(2) (a) Where any goods to which this sub-rule applies are seized in the

reasonable belief that they have been smuggled into India in contravention of

the prohibitions or restrictions aforesaid, the burden of proving that they are not

smuggled goods shall be on the person from whose possession the goods were

seized!

(b) This sub-rule shall apply to gold, diamonds, manufactures of gold or

diamonds, watches and any other class of goods which the Central Government

may by notified order specify.

(3) No person shall, in relation to any goods which are entered at or brought

to be passed through a Custom House either for importation or exportation, give

a false or wrong declaration with regard to their sort, quality, quantity or value,

in the bill of entry or application presented for passing them, or be in any way

concerned with such false or wrong declaration.

(4) If any person contravenes any of the provisions of this rule, he shall,

without prejudice to anv confiscation or penalty to which he may be liable under

the Sea Customs Act, 1878, be punishable with imprisonment for a term which

may extend to seven years, or with fine, or with both,

SFC. !»(i)]

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(5) Notwithstanding the provision of rule ]54, no Court or Tribunal shall take

cognisance of any offence under this rule except on a complaint being made by a

Collector of Customs, Central Excise or Land Customs."

4. In clause (d) of sub-rule (2) of rule 132 of the said rules for the words,

"branch of the State Bank of India doing treasury business,", the words, "branch

of the State Bank of India or of any of its subsidiaries doing treasury business

or having smsll coin depots," shall be inserted.

INo. F. 3/6/62-Poll (Spl).]

HARI SHARMA, Add], Secy.

pRINTE» IN INDIA BY THE GE" rcKAlTMANAGEri, GOVERNMENT OF INMA MIESS,

NEW DELHI AND PUBLISHED BY THK MANAGER »(' PU1LICATIONS, BELHI, 1963