REGISTERED No. D. 221
The Gazette of Endia
EXTRAORDINARY
PART II - Section 3 - Sub - section ( i)
PUBLISHED BY AUTHORITY
No. 16] NEW DELHI , TUESDAY , JANUARY 21 , 1964 / MAGHA 1 , 1885
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi , the 20th January 1964
G.S.R. 135. In exercise of the powers conferred by section 3 of the Defence of India Act , 1962 ( 51 of 1962 ) , the Central Government hereby makes the follow- ing rules further to amend the Defence of India Rules , 1962 ( published with notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 1465 , dated the 5th November , 1962 ) , namely :-
1. These rules may be called the Defence of India ( Amendment ) Rules , 1964.
2. For rule 52 of the Defence of India Rules , 1962 ( hereinafter referred to as the said rules ) , the following rule shall be substituted , namely :-
" 52. Restriction of publication of information relating to certain undertakings.- (1) If the Central Government is of opinion that it is necessary or expedient so to do for securing thethe 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 , it may , by order , declare any information in respect of any undertaking or class of under- takings specified therein as " restricted information " for the purposes of this rule .
( 2 ) No person or authority whatsoever ( including Government ) shall publish , or cause or allow to be published , any restricted information , or any document containing such information , or any copy of such document or extract therefrom .
( 3 ) If any restricted information is required , by or under any law for the time being in force, to be published or disclosed , such requirrequirement shall be deemed to have been complied with on the person or authority concerned producing or laying a copy of the order under sub - rule ( 1 ) before the person or authority to whom such publication or disclosure is to be made .
( 4 ) Nothing contained in the foregoing provisions of this rule shall , unless the Central Government by general or special order otherwise directs , be deemed-
(a) to relieve any person carrying on an undertaking to which an order under sub - rule ( 1 ) applies from any obligation to furnish to Govern- ment or to any Government authority the restricted information , or any documentnt containing such information, or any copcopy of such document , copy of extract as aforesaid , to-
(b ) to prohibit the publication of the restricted information , or any such document , copy or extract as aforesaid, to
( i ) Government ;
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( ii ) any Government authority or local authority;
( iii) the members of a local authority where the undertaking, is carried on by the local authority ;
( iv ) the directors or managing agents of a company where the undertak- ing is carried on by the company;
( v) the auditors of the accounts of the undertaking ;
(vi ) such other persons or authorities ( including courts and tribunals ) and on uch conditions , or in such circumstances , as may be speci- fled by the Central Government .
(5) Where publication is made under the provisions of sub - rule ( 4 ) to the members of a local authority or to the directors or managing agents of a company , such publication shall be made only if the restricted information , document, copy or extract is clearly marked with a statement that it is confidential and not to be published to any person other than another member of the local authority or another director or where the managing agent is a firm and the publication has been made to a partner of thethe firm , any other partner of the firm and where the managing agent is a company and the publication has been made to a direc- tor of the managing agency company, any other director thereof .
( 6 ) If any person contravenes any of the provisions of this rule , he shall be punishable with fine which may extend to one thousand rupees . "
3. After rule 132 of the said rules , the following rule shall be inserted , namely :-
" 132-A . Prohibition of dealings in foreign exchange . ( 1 ) In this rule
( i ) the expression " authorised dealer " and " foreign exchange " have the same meanings as in the Foreign Exchange Regulation Act , 1947 ( 7 of 1947 );
( ii ) " public place " includes any public conveyance , any hotel , any shop or any other place intended for use by , or accessible to , the public.
( 2) No person other than an authorised dealer shall buy or otherwise acquire or borrow from , or sell or otherwise transfer or lend to , or exchange with , any son not being an authorised dealer , any foreign exchange . person
(3 ) If any person is found or is proved to have been in possession of any foreign. exchange, the burden of proving that the foreign exchange came into his posses- sion lawfully shall be on him .
(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 two years , or with fine, or with both ; and any court trying such contravention may direct that the foreign exchange in respect of which the court is satisfied that this rule has been contravened , shall be forfeited to the Central Government .
( 5 ) Any police officer not below the rank of Inspector of Police , any officer of the Central Excise not below the rank of Deputy Superintendent , any officer of the Central Customs not below the rank of Preventive Inspector , any officer of the Directorate of Enforcement not below the rank of Enforcement Officer , or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspect- ed of having committed or of committing or of being about to commit a contra-- vention of this rule .
( 6 ) Where any person is arrested by an officer other than a police officer , such officer shall , without unnecessary delay , take or send the person arrested before a magistrategistrate having jurisdiction in the case, or before the officer in charge of a police station .
(7 ) The provisions of the Code of Criminal Procedure , 1898 ( 5 of 1898 ) , shall , subject to the provisions of this rule , apply , so far as may be , in relation to any entry, search or arrest , made under this rule .
(8 ) Notwithstanding the provisions of rule 154 , no court or tribunal shall take cognizance of any offence under this rule except on a complaint being made by an officer of the Directorate of Enforcement not below the rank of Enforce- ment Officer , " THE GAZETTE OF INDIA EXTRAORDINARY
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4. For rule 136 of the said rules , the following rule shall be substituted, namely :-
" 136. Protection of privileges and immunities of diplomatic missions , consider , posts and United Nations and its Specialised Agencies . Nothing contained in these rules shall affect the privileges and immunities of diplomatic missions , consular posts and offices of the United Nations and its Specialised Agencies in India in respect of-
(i ) the premises of such missions , posts and offices and the residences officials of the United of diplomatic agents , consular officers and offi Nations and its Specialised Agencies ;
( ii ) the inviolability of mail bags and pouches addressed to the aforesaid missions , posts and offices and in general the right of free com- munication on the part of diplomatic missions and consular posts with their sending Governments , and offices of the United Nations and its Specialised Agencies for all official purposes , including the use of couriers and messages in code or cypher ;
( iii ) the establishment and operation of two - way wireless transmission facilities where prior permission of the Government of India has been obtained . "
[No .. F.3 / 11 / 63 - Poll ( Spl ) 1 HARI SHARMA , Addl . Secy .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1964