section 3
Power to make rules
The Defence of India 1971Chapter 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.
Study data processing for this section.
PDF: pending for this language.