REGISTERED No. D. 221

The Gazette

of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No.

102]

NEW DELHI, MONDAY, JUNE 24, 1963/ASADHA 3, 1885

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 24th June 1963

G.S.R. 1072.—In exercise of the powers conferred by section 3 of the Defence

of India Act, 1992 (61 of 1962), the Central Government hereby makes the follow-

ing rules further to amend the Defence of India Rules, 1962, namely:—

1. These rules may be called the

Defence of

India (Eighth

Amendment)

Rules, 1983.

2. In rule 47 of the Defence of India Rules, 1962, after sub-rule (B), the follow-

ing sub-rules shall be inserted , namely."—

" (5A) If, in the opinion of the Central

Government, it is

necessary or

expedient for the defence of India and civil defence of the efficient

conduct of military operations or the maintenance of supplies ana

services essential to the life of the community so to do, the Central

Government may, notwithstanding anything contained in the Indian

Patents and Designs Act, 1911 (2 of 1911), by order, authorise, subject

to such restrictions and conditions as it deems fit,

(i) any corporation owned or controlled by the Government; or

(ii) any other person specified by the Central Government in that Order,

to make use of, or exercise, any invention, in respect of which an

application for the grant of a patent has been received or a patent

has been granted, for the purposes of the corporation or such other

person from such date as may be specified therein.

(5B) Where any invention has been made use of, or exercised, in pursuance

of an order made under sub-rule (5A), the corporation or such other

person, as the case may be, shall pay such compensation to the appli-

cant or patentee, as the case may be, as may be agreed on between the

corporation or such other person and the applicant or patentee. In

the event of any dispute as to the amount of compensation, either or

the parties may refer the matter to the Central Government whose

decision thereon shall be final:

Provided that before giving its decision, the Central

Government

shall

afford a reasonable opportunity to the parties concerned to make any

representation in the matter."

[No. F. 3/7/63-Pol(Spl).]

HARI SHARMA, Addl. Secy.

( 4 8 5 )

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