Chapter II EMERGENCY POWERS

(31) the requisitioning and acquisition of any movable property; and the principles on which and the manner in which compensation shall be determined and given in respect of such requisitioning or acquisition; (32) the prevention of any corrupt practice or abuse of authority or other mala fide action in relation to the production, storage, purchase, sale, supply or transport of goods for any purpose connected with 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; (33) the prevention of hoarding, profiteering, black-marketing, or adulteration of, or any other unfair practices in relation to, any goods procured by or supplied to the Government or notified by or under the rules as essential to the life of the community; (34) prohibiting or regulating the possession, use or disposal of--- (a) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunitions of war; (b) vessels; (c) wireless telegraphic apparatus; (d) aircraft; and (e) photographic and signalling apparatus and any means of recording information; (35) prohibiting or regulating the bringing into, or taking out of, India and the possession, use or transmission of ciphers and other secret means of communicating information; (36) prohibiting or regulating the publication of inventions and designs; (37) prohibiting or regulating the publication of results of research work having a bearing on efforts relating to defence of India or military operations; (38) preventing the disclosure of official secrets; (39) prohibiting or regulating meetings, assemblies, fairs and processions; (40) preventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything similar thereto, where such use is calculated to deceive or to prejudice the public safety, the maintenance of public order, the defence of India and civil defence; (41) ensuring the accuracy of any report or declaration legally required of any person; (42) preventing the unauthorised change of names; (43) preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property purporting to be, or resembling, an official person, official document or official property; (44) the accommodation in any area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in such area; (45) the billeting of evacuated persons or persons authorised to exercise functions under this Act; (46) the entry into, and search of, any place reasonably suspected of being used for any purpose prejudicial to the public safety or interest, to the defence of India and civil defence or to the efficient conduct of military operations, and for the seizure and disposal of anything found there and reasonably suspected of being used for such purpose; (47) the preparation of any scheme of defence service or any other service connected with the defence of India and requiring any person or class of persons to comply with such scheme; (48) the eviction of unauthorised occupants from such public premises [as defined in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971) ] as are, in the opinion of the Central Government, required for the purposes connected with the defence of India and civil defence, the public safety or interest, the efficient conduct of military operations or the maintenance of supplies and services essential to the life of the community. (3) The rules made under sub-section (1) may further--- (i) provide for the arrest and trial of persons contravening any of the rules or any order issued thereunder; (ii) provide that any contravention of, or any attempt to contravene, or any abetment of, or any attempt to abet, the contravention of any of the provisions of the rules or any order issued under any such provision, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both; (iii) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in clause (ii) has been committed and for the adjudication of such forfeiture whether by a court or by any other authority; (iv) confer powers and impose duties--- (a) upon the Central Government or officers and authorities of the Central Government as respects any matter, notwithstanding that the matter is one in respect of which the State Legislature has power to make laws; and (b) upon any State Government or officers and authorities of any State Government as respects any matter, notwithstanding that the matter is one in respect of which the State Legislature has no power to make laws; (v) prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or securing the observance of, the rules or any order made thereunder; (vi) provide for preventing obstruction and deception of, and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules or any order made thereunder; (vii) prohibit attempts by any person to screen from punishment any one, other than the husband or wife of such person, contravening any of the rules or any order made thereunder; (viii) empower or direct any authority to take such action as may be specified in the rules or as may seem necessary to such authority for the purpose of ensuring the public safety or interest or the defence of India and civil defence; (ix) provide for charging fees in respect of the grant or issue of a licence, permit, certificate or other document for the purposes of the rules.

The Central Government may, by notification in the Official Gazette, direct by general or special order that any persons who not being members of the Armed Forces of the Union are attached to, or employed with, or following, those Forces, shall be subject to naval, military or air force law, and thereupon such persons shall be subject to discipline and liable to punishment for offences under the Navy Act, 1957 (62 of 1957), the Army Act, 1950 (46 of 1950), and the Air Force Act, 1950 (45 of 1950), as the case may be, as if they were included in such class of persons subject to any of those Acts as may be specified in the notification or in the absence thereof, by an officer empowered by the Central Government in this behalf.

(1) If any person contravenes, with intent to wage war against India or to assist any country committing external aggression against India, any provision of the rules made under section 3 or any order issued under any such rule, he shall be punishable with death or imprisonment for life, or imprisonment for a term which may extend to ten years and shall also be liable to fine. (2) If any person,--- (a) contravenes any such provision of, or any such rule or order made under, the Aircraft Act, 1934 (22 of 1934), as may be notified in this behalf by the Central Government, or (b) in any area notified in this behalf by a State Government, contravenes any such provision of, or any such rule made under, the Arms Act, 1959 (54 of 1959), the Indian Explosives Act, 1884 (4 of 1884), the Explosive Substances Act, 1908 (6 of 1908), or the Inflammable Substances Act, 1952 (20 of 1952), as may be notified in this behalf by the State Government, he shall, notwithstanding anything contained in any of the aforesaid Acts or rules made thereunder, be punishable with imprisonment for a term which may extend to five years, or, if his intention is to assist any country committing external aggression against India, or, to wage war against India, with death or imprisonment for life or imprisonment for a term which may extend to ten years and shall, in either case, also be liable to fine. (3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any preparatory to, a contravention of any provisions of any law, rule or order shall be deemed to have contravened that provision.

During the continuance in force of this Act,--- (1) the Official Secrets Act, 1923 (19 of 1923), shall have effect as it,--- (a) in sub-section (1) of section 5, after the words "in such a place,", the words and figures "or which relates to or is used in, a protected area as defined in the rules made under the Defence of India Act, 1971, or relates to anything in such area," had been inserted; and after the words "an enemy", the words and figures "as defined in the Defence of India Act, 1971," had been inserted; (b) for sub-section (4) of section 5, the following sub-section had been substituted, namely:--- "(4) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to five years, or if such offence is committed with intent to assist any country committing external aggression against India or to wage war against India, with death or imprisonment for life or imprisonment for a term which may extend to ten years and shall, in either case, also be liable to fine."; (2) the Aircraft Act, 1934 (22 of 1934), shall have effect as if--- (a) at the end of clause (r) of sub-section (2) of section 5, the following words had been inserted, namely:---

Effect of order made by the Central Government, etc.- Any order made by the Central Government or the officer or authority authorised by it under section 16A in relation to a matter to which this Act or any rule made thereunder relates shall have effect, notwithstanding anything contained in any order made by the State Government or any other authority with regard to such matter.";

1. (d) in section 19, after the words "authorised by", the words "the Central Government," has been inserted;

1. (6) the Maintenance of Internal Security Act, 1971 (26 of 1971), shall have effect as if, -----
   • (a) in sub-section (2) of section 1, the words "except the State of Jammu and Kashmir" had been omitted and the following proviso had been inserted at the end, namely: ----- "Provided that every person in respect of whom an order of detention made under the Jammu and Kashmir Prevention Detention Act, 1964 (J.&K Act XIII of 1964) is in force immediately before the commencement of the Defence of India Act, 1971, shall continue to be governed by the provisions of that Act in respect of such detention as if this Act had not been extended to the State of Jammu and Kashmir:";
   • (b) in section 2, after clause (d), the following clause had been inserted, namely: -----

"(e) any reference in this Act to a law which is not in force in the State

of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.";

1. (c) in sub-section (2) of section 3, for the words, brackets, figures and letter "may, if satisfied as provided in sub-clauses (ii) and (iii) of clause (a) of sub-section (1),", the words, brackets and figure "may also, if satisfied as provided in sub-section (1)," had been substituted;
2. (d) in section 13, after the words "from the date of detention", the words and figures "or until the expiry of the Defence of India Act, 1971, whichever is later" had been inserted;
3. (e) after section 17, the following section has been inserted, namely: -----

'17A. Duration of detention in cases of detention on certain

grounds.-

1. (1) Notwithstanding anything contained in the foregoing provisions of this Act, during the period of operation of the Proclamation of Emergency issued on the 3rd day of December, 1971, any person (including a foreigner) in respect of whom an order of detention has been made under this Act, may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding two years from the date of his detention in any of the following classes of cases or under any of the following circumstances, namely: -----
   • (a) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India; or
   • (b) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order.
2. (2) In the case of any person to whom sub-section (1) applies, sections 10 to 13 shall have effect subject to the following modifications, namely: -----
   • (a) in section 10, for the words "shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted;
   • (b) in section 11, -----
     • (i) in sub-section (1), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted;
     • (ii) in sub-section (2), for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;
   • (c) in section 12, for the words "for the detention", in both the places where they occur, the words "for the continued detention" shall be substituted;
   • (d) in section 13, for the words "twelve months", the words "three years" shall be substituted.'.