रजिस्ट्री सं ० डो-(डी) -72
REGISTERED No. D- (D) -72
भारतकोराजपत्र The Gazette of Jadia
असाधारण
EXTRAORDINARY
27R1975
भाग II खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 40]
No. 40 ]
नई दिल्ली, शुक्रवार , अगस्त 1, 1975/ श्रावण 10, 1897 NEW DELHI , FRIDAY , AUGUST 1, 1975 / SRAVANA 10 , 1897
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department )
New Delhi , the 1st August , 1975 / Sravana 10 , 1897 ( Saka)
The following Act of Parliament received the assent of the President on the 31st July, 1975 , and is hereby published for general informa- tion:-
THE DEFENCE OF INDIA ( AMENDMENT) АСТ , 1975
NO . 32 OF 1975
[31st July , 1975 ] An Act to amend the Defence of India Act , 1971
BE it enacted by Parliament in the Twenty- sixth Year of the Republic of India as follows:-
1. (1 ) This Act may be called the Defence of India (Amendment) Act, 1975 .
Short title and duration .
42 of 1971 ,
(2) The amendments made to the Defence of India Act , 1971 (herein- after referred to as the principal Act ) , by the provisions of this Act shall remain in force during the period of operation of the Proclamation of Emergency issued under clause ( 1) of article 352 of the Constitution on the 25th day of June , 1975 , and for a period of six months thereafter , but their expiry under the operation of this sub - section shall not affect-
( á) the previous operation of, or anything duly done or suffered under, the principal Act, as amended by this Act, or any rule made thereunder or any order made under any such rule , or
(b ) any right, privilege , obligation or liability acquired, accru- ed or incurred under the principal Act, as amended by this Act, or any rule made thereunder or any order made under any such rule , or
(235) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 236
(c) any penalty, forfeiture or punishment incurred in respect of any offence under the principal Act, as amended by this Act , or any contravention of any rule made thereunder or of any order made under any such rule , or
(d) any investigation , legal proceeding or remedy in respect of any such right, privilege , obligation , liability, penalty , forfeiture or punishment as aforesaid ,
and any such investigation , legal proceeding or remedy may be instituted , continued or enforced and any such penalty , forfeiture or punishment may be imposed as if the said amendments had not expired .
2. In the long title to the principal Act , after the words " civil defence" , the words " and internal security , " shall be inserted.
Amend- ment of long title.
3. In the preamble to the principal Act ,
(a) in the first paragraph, --
Amend- ment of preamble.
(i) for the word " Proclamation " , the word " Proclamations " shall be substituted;
(ii) after the words " by external aggression " , the words " and by internal disturbance " shall be inserted;
(b) in the second paragraph , after the words " and civil defence" , the words " and internal security " shall be inserted .
4. In section 1 of the principal Act,-
Amend- ment of section 1 .
(a) in sub - section ( 1 ) , for the words " the Defence of India " , the words " the Defence and Internal Security of India " shall be substi- tuted;
(b) in sub - section (3 ) , for the words " shall remain in force during the period of operation of the Proclamation of Emergency " , the following shall be substituted , namely: -
"shall, subject to the provisions of the Defence of India (Amendment) Act, 1975 , remain in force during the period of operation of the Proclamation of Emergency issued on the 3rd day of December , 1971 " .
Amend- ment of section 2 ,
5. In section 2 of the principal Act , in clause (g ) , after the words , figures and letters " the 3rd day of December , 1971 " , the words , figures and letters " or the Proclamation issued under that clause on the 25th day of June, 1975 " shall be inserted .
6. In section 3 of the principal Act,-
Amend- ment of section 3.
(a) in sub -section (1 ) , after the words " civil defence , " , the words " the internal security , " shall be inserted;
(b) in sub -section ( 2 ) ,-
( i) in clause (4) ,—
(A) in the opening paragraph , for the words " or civil defence" , the words ", civil defence or internal security " shall be substituted;
SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
237
(B) in sub-clause ( e ) , after the words " civil defence" , the words " , internal security" shall be inserted ;
(ii ) in sub -clause ( a) of clause ( 7) , sub - clause ( j ) of clause (10) and clause ( 32 ) , after the words " civil defence, " , the words "the internal security , " shall be inserted;
(iii ) in clause ( 9) , after the words " any scheme of defence", the words " or any scheme for the prevention of internal dis- turbance" shall be inserted;
(iv ) in clauses ( 21 ) , ( 25 ) and (27) , after the words " civil defence" , the words " or for internal security " shall be inserted;
( v) in clause (40 ) , after the words " civil defence" , the words " or the internal security " shall be inserted;
( vi) in clause ( 46 ) , after the words " civil defence", the words ", to the internal security " shall be inserted;
(c) in sub - section (3 ) , in clause ( viii ) , after the words " civil defence" , the words " or the internal security " shall be inserted .
Amend- ment of section 6 .
7. In section 6 of the principal Act, in sub -clause ( a) of clause ( 1 ) , and in sub -clauses (a) and ( d) of clause ( 6) , for the words "Defence of India Act", wherever they occur, the words " Defence and Internal Security of India Act" shall be substituted .
8. In sub -section ( 1 ) of section 16 of the principal Act , after the words "civil defence , " , the words " the internal security, " shall be inserted .
Amend- mentof section 16.
9. In sub - section (1 ) of section 23 of the principal Act , after the words " civil defence," , the words " internal security, " shall be inserted .
Amend- ment of section 23.
Amend- ment of section 38 .
10. In section 38 of the principal Act, for the words " and the defence of India and civil defence " , the words " , the defence of India and civil defence and the internal security " shall be substituted .
5of1975.
11. (1) The Defence of India (Amendment) Ordinance, 1975 , is hereby repealed .
Repeal and saving.
(2) Notwithstanding such repeal , any rules made , anything done or any action taken under the principal Act, as amended by the said Ordi- nance, shall be deemed to have been made, done or taken under the principal Act , as amended by this Act, as if this Act had come into force on the 30th day of June, 1975 .
K. K. SUNDARAM,
Secy . to the Govt. of India .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI , AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELH , 1975