 the defence of india bill, 1962(as introduced in lok sabra on 16th november, 1962) - arrangement of clausesclauses  chapter i preliminary1 short title, extent, application, duration and s8,ings 2 definitions  chapi'er ii emugency powers3 po~r to make rules 4 special powers to control civilian personnel employed in connection with the armed forces of the union 5 enhanced penalties 6 temporary amendments to acts  chapter iii cml defence services7 constitution of civil defence service 8 appointment of members and officers 9 dismissal of members of civil defence service 10 functions of members of civil defence services 11 penalty 12 power to make rules  chapter iv special trmunals13 constitution of special tribunals 14 jurisdiction of special tribunals 15 procedure of special tribunals 16 exclusion of public from proceedings of special tribunals 17 power of spedal tribunals 18 sentences of special tribunals 2029(b)ls-l  chapter vclauses employment of technical personnel in the national savice 19 definitions 20 liability for employment, in national service 21 national service tribunals 22 notified establishments 23 employment of technical personnel in the national service 24 reinstatement 25 relinquisjunent of employment by, dismissal of, and engagement by ~ablishment of, technical personnel 26 penalties and procedure 27 service of summons, notices, orders, etc 28 power to make rules  chapter vi requisitioning and acquisition of immovable property- 29 requisitioning of immovable property 30 payment of compensation 31 power to obtain information and give ,direction 32 power of entry into, and inspection of, property, etc 33 eviction from requisitioned property 34 penalty for contravention of any order regarding requisitioning 35 release from requisition 36 acquisition of requisitioned property 37 compensation for acquisition of il'equisitioned property 38 power to make rules 39 certain properties requisitioned under previous law to be deemed to be requisitioned under this chapter  chapter vii supplemental40 power to delegate 41 rules to be laid before houses of parliament 42 jurisdiction of ordinary courts  clauses43 effect of act and rules, etc, inconsistent with other enactments 44 ordinary avocations of l~ to be interfered with as little as possible 45 savings as to orders 46 chapter m not to apply to measures taken for the protection of armed forces 47 protection of action taken uncie!!r the act 48 repeal and saving  (as iimioduced in lok sabha) a billto provide few special measu7'es to ensure the public safety and interest, the defence of india and civil defence and few the trial of certain offences and few matters connected therewith whi:reas the president has declared by proclamation under clause (1) of artical 352 of the constitution that a grave emergency exists whereby the security of india is threatened by external aggression; s and whbrbas it is expedient to provide for special measures to ensure the public safety and interest, the defence of india and civil defence and for the trial of certain offences and for matters connected therewith; be it, therefore, enacted by parliament in the thirteenth year 10 of the republic of india as followa:- chapter i prardmfajrr1 (1) this act may be called the defence of india act, 1962 (2) it extends to the whole of india and it applies als()-short title extent, application, duration and s8vinp is (a) to citizens of india outside indiaj \ b) to persons in the service of the government, wherever they may be; (c) in respect of the regulation and discipline of the naval, military and air forces or any other armed forces of tj-ot' union, to members of, and persons attached to, employed with, or following, those forces, wherever they may be; (d) to; and to persons on, ships and aircraft registered in india, wherever they may be (3) it shall remain in force during the period of operation of , the proclamation of emergency issued on the 26th october, 1962, and for a period of six months thereafter but its expiry under the operation of this sub-section shall not affect-(a) the previous operation of, or anything duly done or suffered undet, this act or any rule made thereunder or any 10 order made under any such rule, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under this act or any rule made thereunder or any order made under any such rule, or (c) any penalty, forfeiture or punishment incurred in is respect of any offence under this act or any contravention of any rule made under this act or bf 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 pnnishment as aforesaid; 20 and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any blich peulty, folieiture or punishment may be imposed as if this act had not expired definitions z in this act, unless the context otherwise requires,-2s (a) "civil defence" includes any measures not amounting to actual combat, for affording defence against any form of hostile attack by a foreign power or for depriving any form of hostile attack by a foreign power of its effect either wholly or in part whether such measures are taken before, durjng or after 30 the time of the attack; (b) "civil defence services" mean the services formed wholly or mainly to meet the needs of civil defence; (c) "enemy" means-(i) any person or country committing external aggres- 3s sion against india; (~i) ,any person belonging to a country committing such aggretliion; (iii) such other country as may be declared by the central government to be assisting the country committing such aggression; (iv) any person belonging to such other country; 5 (d) "enemy territory" means-(i) any area which is under the sovereignty of, or administered by, or for the time being in the occupation of, a country referred to in sub-clause (i), or a country referred to in sub-clause (iii), of clause (c) of this section; 10 (ii) any area wlhich the central government may, by notification in the official gazette, specify to be enemy territory for the purposes of this act or any rule made thereunder; (e) "military operations" mean the operations of the armed forces of the union; 15 (i> "prescribed" means prescribed by rules made under this act; (g) "proclamation of emergency" means the proclamation issued under clause (1) of article 352 of the constitution on the 26th october, 1962; 20 (h) "state government" in relation to a union territory means the administrator thereof  chapi'er ii emergency powers2s 3 (1) the central govemment may, by notification in the oiicial power to gazette, make such rules as appear to it necessary or expedient /f0l'4 mike rule • securing the defence of india and civil defence, the public safety, the maintenance of public order or the efbcient conduct of military operations, or for maintaining supplies and services essential to the life of 30 the community (2) without prejudice to the generality of the powers conferred by sub-section (1), the rules may provide for, and may empower any authority to make orders providing for, all or any of the following matters, namely:-35 (1) ensuring the safety and welfare of the armed forces of the union, ships and aircrafts, and preventing the prosecution of any work ukely to prejudice the opelnltlons of the armed forces of the union; (2) prohibiting anything likely to prejudice the training, discipline or health of the armed forces of the union; (3) preventing any attempt to tamper with the loyalty of persons in, or to dissuade (otherwise than with advice given in good faith to the person dissuaded for his benefit or that of any s member of his family or any of his dependents) persons from entering the service of the government: (4) preventing or prohibiting anything likely to assist the enemy or to prejudice the successful conduct of military operations or civil defence including-ii) (a) communications with the enemy or agents of the enemy;  is (b) acquisition, possession without lawful authority or excuse and publication of information likely to assist the enemy; (c) contribution to, participation or assistance in, the floating of loans raised by or on behaif of the enemy; (d) advance of money to, or contracts or commercial dealings with the enemy, enemy subjects or persons residing, carrying on business, or being, in enemy territory; and zo (e) acts, publications or communications prejudicial to civil defence; (5) preventing the spreading without lawful authority or excuse of false reports or the prosecution of any purpose like'y to cause disaffection or alarm, or to prejudice india's relations 2'1 with foreign powers or to prejudice maintenance of peaceful -conditions in any area or· part of india, or to promote feelings of  ill-will, enmity or hatred between different classes of the people of india; (6) requiring the publication of news and information; 30 (7) demanding security from any press used for the purposf: of printing or publishing any newspaper, news-sheet, book or other document containing matters prejudicial to the defence of india and civil defence, the public safety, the maintenance of public order, the efficient conduct of military operations or thr 3) maintenance of supplies and services essential to the life of the community, the forfeiture of such security and the circumstance~ in which and the authority by whom such forfeiture may h  ordered; (8)replatiac the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the removal of persons from such areas; (9) requiring any person or class of persona to comply with any scheme of defence or civil defence; (10) ensuring the wetf of-(a) ports, deckyanis, lighthotues, qht-ships eel aerodromes; (b) railways, tramways, roads, canals and all otlier 10 means of transport by land or water; (c) te~egraphs, post offices, signalling apparatus and all other means of communication; (d) sources and systems of water-supply, works for the supply of water, gas or electricity, and all oth~r works for is public purposes; (e) vessels, aircraft, transport vehicles as defined in the motor vehicles act, 1939, and rolling stocks of railways and tramways; (f> warehouses and all other places used or intended to be used for storage purposes; 20 (g) mines, oil-fields, factories or industrial or commercial undertakings generally, or any mine, oil-field, factory or industrial or commercial undertaking in particular; (h) laboratories and institutions where seientific or technological research or training is conducted or imparted; (i) all works and structures being part of, or connected with, anything earlier mentioned in this clause; and (j) any other place or thidg used or intended to be used for the purposes of government or a local authority or a semi-government or autonomous organisation, the protection of which is considered "necessary or expedient for securing the defence of india and civil defence, the pubuc safety, the public order, or the efficient conduct of mlutary operations, or for maintainbjc supplies and services essential to the life of the community; (11) the demo1ition, destructiono or rendering useless in case of necessity of any baildiq or other premises or any other property; (12) prohibiting or regulating traftic, and the use of vessell, buoys, lights and signals, in ports and territorial, tidal and inland waters; (13) the control of lights and sounds; (14) the control of persons entering, travelling in or depart-, ing from, in~ta; (15) notwithstanding anything in any other law for the time being in force,-(i) the apprehension and detention in custody of any person whom the authority empowered by the rules to 10 apprehend or detain, as the case may be, suspects, on grounds appearing to that authority to be reasonable, of being of hostile origin or of having acted, acting, being about to act or being likely to act in a manner prejudicial to the defence of india and civil defence, the security of the state, is the public safety or interest, the maintenance of public order, india's relations with foreign states, the maintenance of peaceful conditions in any part or area of india or the efficient conduct or military operations, or with respect to whom that authority is satisfied that his apprehension and 20 detention are necessary for the purpose of preventing him from acting in any such prejudicial manner, (ii) the prohibition of such person from entering or residing or remaining in any area, and (iii) the compelling of such person to reside and remain 25 in any area, or to do or abstain from doing anything; (16) rest~cting and regulating the charter of foreign vessels; (17) regulating the structure and equipment of vessels for the purpose of ensuring the safety thereof and of persons there- 30 in; (18) regulating work in dockyards and shipyards in respect of the construction and repairs of vessels: (19) prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the movement of aircraft, and 35 tra1bc on railways, tramways and roads, and reserving end requiring to be adapted, for the use of the government, all or any accommodation in vessels, aireraft, railways, tremways or road vehicles for the carriage of persons, animals or goods; (20) the impresament of vessels, alreraft, vehld-, and animals for transport; (21) prohibiting or regulating the use of postal, telegraphic or telephonic services, including the taking possession of such services, and the delaying, seizing, intercepting or interruptlng of postal articles or telegraphic or telephonic messages; (22) regulating the delivery otherwise than by postal or telegraphic service of postal articles and telegrams; (23) the control of trade or industry for the purpose of 10 regulating or increasing the supply of, and the obtaining of information with regard to articles or things of any description whatsoever which may be used in connection with the conduct of military operations or civil defence or for maintaining suppljea and services essential to the life of the community; is (24) the control of generation, supply, distribution, use or consumption of electrical energy; (25) the control of agriculture (including the cultivation of agricultural land and crops to ,be raised therein) for the pui'pofe of increasing the production and supply of foodgrains and other 20 essential agricultural products; (26) the provisiod, storage and maintedance of commodities and things required for the conduct of miutary operations or for the defence of india add civil defence; (27) the requisition of services of persons for maintaining 25 supplies and services essential to the life of the community; (28) the provision, egnstruction, maintenance or alteratioll of bulldinp premises or other structures or excavations required for the conduct of mbitary operations or the defenee of iddia add clvu defence; 30 (29) the protection of property by the performance of such fire prevention and other duties as may be allotted: to any person; (30) the seeurmg of any building, premisea or other structures from being readily recognisable in the event of - hostile attack by a foreign power; 35 (31) ensuring the ownership and control of mines and oilfields by the citizens; (32) prohibiting, restricting or otherwise regulating the bringing into, or taking out of, india of goods or articles of any description (including coin, bulllon,baok notes, currency notes, ·securities and foreign exchange), and bringing into any part or place in india of any such goods or articles as aforesaid intended to be taken out of india without being removed from the ship, aircraft or other conveyance in which they are being carried, end applying the provisions of the sea customs act, 1878, and 5 8 of 1878-in particdlar section 19 thereof to such prohibitions, restrictions and regulations; (33) controlling the possession, use or disposal of, or dealing in, coin, bullion, bank notes, currency notes, securities or foreign exchange; 10 (94) the control of any road or pathway, waterway, -ferry or bridge, river, canal or other source of water-supply; (35) the requisitionidg and aequisition of any movable property; and the principles on which and the manner in which compensation shall be determined and given in respect of such 15 nquiaitlonlng oraequisitioll; (36) prohibiting or regulating the possession, use or disposal of-(4) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunl- 20 tions of war; (b) vessels; (c) wireless telegraphic apparatus; (d) aircraft, and (e) photognlphic and signalling apparatus and any mealll 25 of recording information; (37) prohibiting or regulating the bringing into, or taking out of, india and the possession, use or tl"llnsmillion of ciphers and other secret means of communicating information; (38) prohibiting or regulating the pubucation of inventlona 30 and designs; (39) prohibiting or regulating the publication of results of research work having a bearing on eftom relating to defence of idcua or -military operatiodl; (40) preventing the disclosure of official secrets; 35 (41) prohibiting or regulating meetings, assemblies, falra and proce'jsions; (42) preventing or controlling any use of uniforms, whether oftlcial or otherwise llags ofbcial deedrations like medals, badgell s 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; (43) ensuring the accuracy of any report or declaration legally required of any person; (44) preventing the unauthorized change of names; 10 is (45) 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 oftlcial property; (46) the precautionary measures which the government or any departmert thereof or any loeal authority, memhers of police forces and fire brigades and members of any other service or authority employed primarily for purpoaes other than civil defence purposes should be required to take within their respeetive jurisdictions or with respect to any persoanel employed by them; 20 (47) the seizure and custody or destruction of injured, unclaimed or dangerous animals; (48) the salvage of damaged buildings and property and disposal of the dead; (49) the evacuation of areas and the removal of property or a~als therefrom; (50) the accommodation in any' area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in' such area; (51) the bhleting of evacuated persons or persons authorised to exerclse functions under this act; (52) the instructiioas of members of the public in civil defence and their equipment for purposes of civil defence; 35 (53) 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 efrcient conduct of military operations, and fol' the seizure and d~al of anything found there and reasonably suspected of being used for such purpose; (54) the p1"oparation of any scheme of defenee servtee or any other service connected with the defenre of india and requrlng any person or class of persons to comply with such scheme; (55) the eviction of unauthorised occupants from such public premises [as deftned in the public premises (eviction of unauthorised occupants) act, 1958] as are, in the opinion of the 3a of z"l central government, required for the purposes connected with the defence of india and civil defence, the public safety or inte- 5 rest, the efticlent conduct of military operations or the maintenance of supplies and services essential to the life of the commu· dlty -1 (3) the rules made under sub-secuon (1) may further-(i) provide for the arrest and trial of persons contravening 10 any of the rules or any order issued thereunder; (ii) provide that any contravention of, or any attempt to eontravene, 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 im- is prisonment 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 20 for the adjudl"cation of such forfeiture whether by a court or by any other authority; - (iv) confer powers and impose duties-(4) upon the central government or officers and authorities of the central government as respects any matter, 25 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 omcers and authorities of any state government as respects any matter, notwithstanding that the matter is one in respect of which the 30 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 observ'8nce of, the rules or any order made thereunder: ~s (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; (w) prohibit attempts by any person to screen trom punisr-ment any one, other than the husband or wife of such pe1'lon, contravenmg any of the rules or any order made thereunder; s (viu) empower or direct any authority to take such action as may be speclfied in the rules or as may seem necessaty to such authority for the purpose of ensuring the public safety otl' interest or the defence of indi'a and clvil defence; (iz) provide for charging fees in respect of the grant or issue of a licence, permit, certi1icate or other document for the purposes of the rules 10 62, of 1957 46 of 1950 45 of 1950 4 the central government may, by notification in the official special gazette, direct by general or special order that any persons who power to!1 not being members of the armed forces of the union are attach~::j:! to, or employed with, or following those forces, shall be subject to penonnel is naval, military or air force law, and thereupon such persons shall be r::s:!:rctd subject to discipline and liable to punishment fat offences under n~cthiohn - wit t e the navy act, 1957, the army act, 1950 and the air force act, armed 1950, as the case may be, as if they were included in such class of ::coru-nk: persons subject to any of those acts as may be specified in the n 20 notification or in the, absence thereof, by an officer empowered by the central goverllment in this behalf 5 (1) if any person with intent to wage war against india or bnhanced to assist any country committing external aggression against indla, penaltie  contravenes any provision of the rules made under section 3 or any 25 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,-(4) contravenes any such provision of, or any such rule or order made under the aircraft act, 1934 as may be notifieci 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, the indian explosives act, 1884, the explosive substances act, 1908, or the inftamm·able substances act, 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 40 a term which may extend to five years, or, if his intention is to 3<;ist any country committing external aggression against india, or, to wage war agaidst india, with death, imprisonment for we ot 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 persco who attempts to contravene, or abets or attempts to abet, or does any act preparatory s to, a contravention of any provision of any law, rule or order shall be deemed to have contravened that provision 6 during the continuance in force of this act,-temporary amendment_ to act  (1) the indian official secrets act, 1923 shall have effect 19 of 1923 as if-(ii) in sub-section (1) of section 5 thereof, after the words 10 "in his possession or control", the words "any information likely to assist the enemy as defined in the defence of india act, 1962, or" had been inserted; and after the words "in such a ,place," the words "or which relates to or is used in, a is protected area as defined in the rules made under the defence of india act, 1962, or relates to anything in such area," had been 'inserted,; (b) for sub-section (4) of section 5 thereof, the following sub-section had been substituted, namely:-20 "(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 25 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"; (c) after clause (ii) of section 12 thereof, the following clause had been inserted, namely:-"(00) an offence under section 5 shall be a rogniz- 30 able and non-btailable offence;"; (2) the aircraft act, 1934 shall have effect as 1£-22 of 19!4-(ii) at the end of clause (r) of sub-section (2) of section 5, the following words had been inserted, namely:-35 "including the taking of steps necessary to secure compliance with, or to prevent contravention of, the rules regulating such matters, or, where any such rule bas been contravened, to· rectify, or to enable proceedinsi to be taken in reapect of, ncb contravtlltioo"i 40 5 (b) in clause (b) of sub-section (1) of section 8, for the words, brackets, letters and figures "clause (h) or clause (i) of sub-section (2) of section 5", the words, brackets, letters and figures "clause (d), (e), (h), (i), (k) or (l) of subsection (2) of section 5, or the commission of an offence punishable under section 11," had been substituted; 10 (c) in section 11, after the words "in the air", the words "or in such a manner as to interfere with any of the armed forces of the union or any ships or aircraft" had been inserted; (d) in section 13, for the words, brackets, le~rs and figures "clause (i) of sub-section (2) of section 5" the words, brackets, letters and figures "clause (c), (d), (e), (h), (i), (;), or (k) of sub-section (2) of section 5 or punishable under section 11" had been substituted; and (e) section 14 had been omitted;  of 1936 (3) the payment of wa~ act, 1936, shall have effect as if after clause (i) of sub-section (2) of section 7 thereof, the following clause had been inserted, namely:-"(ii) deductions made with the written authorisation of-(i) the employed person; or (ii) the president or secretary of the registerect trade union of which the employed person is a member 2s on such conditions as may be presc;ribed, far contribution to the national defence fund or to any defence savings scheme approved by the state government;"; (4) the motor vehicles act, 1939 (in this clause referred to as the "said act") shall have effect subject to the following provi- sions, namely:-(a) the state government may, by notification in the official gazette, authorise, subject to such conditions if any, as it may think fit to impose, any person-  3s (i) also to perform such functions of the state government under chapter iv (hi this clause referred to u the ·'said chapter") of the said act, other than the maldng of niles as may be specified in the notificationj and 2029 (b) ls--3 (ii) to perfonn to the exclusion of the state transport authority or regional transport authority, as the: ease may be, such functions of the state transport authority or any regional transport authority under the said chapter as may be specified in the notification; s and the expression "proper authority" in this clause shall, in relation to the performance of any such function as aloresaid, be construed in 9ceordance with the previsions of such notification, if any, relating to that function; (b) notwithstanding anything to the contrary in section 10  58 or section 62 of the said act the proper authority may grant a permit or a temporary permit under the said chapter to be effective for any specified period not exceeding five years; (c) the state government may, by general or special 15 order, in writing, provide that the proper authority,--(i) in deciding to grant or refuse to grant a permit under the said chapter, shall not be bound to take into consideration representations made by any persons other than the applicant for the permit or to follow the proce- 20 dure laid down in section 57 of the said act, and may take 1n1o consideration an application for a stage carriage permit or a public carrier's permit which has not complied with the provisions of su1>section (2) of that section; 2s (ii) in fixing the maximum and minimum fares or freights for stage carriages and public carriers, shall not be bound to give the representatives of the interests affected an opportunity of being heard or to follow the procedure laid down in section 43 of the said act, or 30 where such action is taken for the purpose of preventing the charge of exces$ fares or freights, to have regard to any of the considerations set forth in clauses (a) to (d) of sub-section (1) of that section; (d) without prejudice to the provisions of section 60 of 3s the said act, the proper authority may, if in its opinion the public interest 80 requires, cancel, or modffy the conditions of or iulpend for such perloc! as it thinks fit, any permit or counter-aigdature under the said chapter which is valid in' its juriadicuon;_ __ ___ _ 40 (e) the state government may, by general or spedal order in writing, exoempt from' all or any of the provisions of the said chapter any transport vehicle used or requited for use in connection wlth any work or purpose declared by the state government in the order to be a work or purpose con· nected wi th the defence of india the conduct of military operations or civil defence; 5 10 <f) if the state government by general or special order in writing so directs, the previsions of sub-section (2) of section 38 of the said act shall have effect in relation to any· controlled motor vehicles specified in the order as if the words "not being in any case more than two years or less than six months" had been omitted expzanation-in this clause "controlled motor vehicle" means any moitor vehicle declared by the govenunent to be a control~ed motor vehicle by order made in this behalf chapter iii 15 clvll dlli'ufc& services 7 (1) the state government may constitute for any area within con~tioa the state a body of persons to be called the civil defence service and ~e~~!' : may appoint a person (hereinafter called the director) to command service such body 20 (2) subject to any orders which the central government may make in this behalf, any member of a civil defence service of any state may at any time be required to discharge functions in relation to civil defence in any other state and shall while so discharging such functions be deemed to be a member of a civil defence service of 2s that other state and be vested with the powers, functions and prl vil~ges and be subject to the liabilities of a member of a civil defence service of that other state ~ (1) any authority authorised in this behalf by the state gov  appointment emment may appoint as members of a civil defence service so many :!r::::: 30 persons who are ftt and willin~ to serve as such as it is authorised by the- state govermaeat to appoint, and the director may appoint any such member to any office or command in the service (2) every person so appointed to ,be a member of a civil defence service shall be given a certificate of membership in such fonn as may 35 be prescribed t the director or any other authority authorised in this behalf dismislal of by the state government may, by order in writing, dismiss sum- :r~~fil'i marlly from a civil defence setvice any member thereof if, in the defence opinion of the director or such other authority, he fails to discharge service 40 satisfactorily, or is guilty of misconduct in the discharge of, his duties as such jnember, or his continued presence in the service is otherwise uadesirab1e 10 (1) the members of a civil defence service shall perlomi such functions in relation to the carrying out of measures for civil defence as may be assigned to them by rules made under this act or by any other law for the time being in force (2) the director or any person authorised in this behalf by the s director or by the state government may by order at any time call out a member of a civil defence service for training or to discharge any such functions as aforesaid fcnalty 11 if any member of a civil defence service on being called out by an order under sub-section (2) of section 10 neglects or refuses 10 wit~out sufficient excuse to obey such order or to discharge his functions as a member of the civil defence service or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction by a competent court, be punishable with fine which may extend to five hundred rupees is power to make mcl 12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this chapter (2) in particular, and without prejudice to the generality of the foregoing powers, such rules may-20 (a) prescribe the duties of members of civil defence services and regulate the manner in which they may be called out for service; (b) regulate the organisation, appointment, conditions of service, discipline, accoutrement, and clothing of members of any 25 or all of the civil defence services; (c) prescribe the form of certificates of membership of any or all of the civil defence servicesj  (d) provide that a contravention of, or an attempt to contravane, and any abetment of or attempt to abet the contzaven- 30 tion of, any of the provisions of the rules or of 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; (e) provide for tire arrest and trial of persons contravening, 3s or reasonably suspected of contravening, any of the provisions of the rules or of any order issued under any such provision; (f) 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 (d) has been committed; 40 (g) prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or secur_ ing the observance of, the rules or of any order issued thereunder; (h) provide for preventing the obstruction and deception of, 5 and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules or of any order issued thereunder; (i) prohibit attempts to screen from punishment any person contravening any of the rules  10 chapter iv special tribunals13 (1) tht'! state government may, for the whole or any part of <}ogati~od the state, constitute one or more special tribunals which or each of ~ri~ •• which shall consist of three members appointed by that government is (2) no person shall be appointed as a member of a special tribunal unless he-(a) is qualified under clause (2) of article 217 of the consti-tution for appointment as a judge of a high court; or ,011898 20 (b) has exercised th'e powers under the code of criminal procedure, 1898 (hereafter in this chapter referred to as th9 code) of anyone or more of the following, namely:-(i) sessions judge, additional sessions judge, chief presidency magistrate, additional chief presidency magisrate, (ii) district magistrate, additional district magistrate 25 14 during the period during which the proclamation of emer- juriadit;t0ln gency is in operation, the state government may, by general or special ,r~:r! order, direct that a special tribunal shall try any offence-(a) under any rule made under section 3, or jo (b) punishable with death, imprisonment for life or impriment for a term which may extend to seven years, triable by any court having jurisdiction within the local limits of the jurisdiction of the special tribunal and may in any such order direct the transfer to the special tribunal of any particular case frem any 35 other special tribunal or any other criminal court not being a high court '   1 15 (1) a special tribunal may take cognizanee of offences without the 'accused being committed to it 'for trial prcc:edurc of special tribunal • (2) save in cases of trials of offences punishable with death or imprisonment for life, it shall not be necessary in any trial for it special tribunal to take down the evidence at length in writing, but the 5 special 'l"l-ibunal shall cause a memorandum of the substance of what each witness deposes, to be taken down, and such memorandum shall be signed by a member of the special tribunal and shall form part of the record (3) a special tribunal shall not be bound to adjourn any trial for 10 any purpose unless such adjournment is, in its opinion, necessary in the interests of justice (4) a special tribunal shall not, merely by reason of a change in its members, be bound to recall and to re-hear any witness who has given evidence, and it may act on the evidence already recorded by 15 or produced before it (5) after an accused person has once appeared before it, a special tribunal may try him in his absence if, in its opinion, his absence has been brought about by the accused himself for the purpose of impeding the course of justice, or if the behaviour of the accused in 20 court has been such as, in the opinion of the special tribunal, to impede the course of justice (6) in the event of any difference of opinion among the members of a special tribunal, the opinion of the majority shall prevail (7) the state government may, by notification in the oftlcial 25 gazette, make rules providing for-(i) the times and places at which special tribunals may sit; and (ii) the procedure to be adopted in the event of any member of a special tribunal being prevented from attending throughout 30 the trial of any accused person (8) a special tribunal shall, in all matters in respect to which no procedure has been prescribed by this act or by rules made thereunder, follow the procedure prescribed by the code for the trial of warrant cases by magistrates 3s exclusion 16 in addition, and without prejudice, to any powers which a - of public special tribunal may possess by virtue of any law for the time being from pro- bl' f di if cecjings in force to order the excluslon of the pu lc rom any procee ngs, of special at any stage in the course of a trial of any person before a special trlbudiii tribunal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the safety of the state, that all or any portion of the public shall be excluded s during any part of the hearing, the special tribunal may make an order to that effect, but the passing of the sentence shall in any case take place in public 17 a special tribunal shall have all the powers conferred by the power or code on a court of session exercising original jurisdiction ~~~~:~als 10 18 (1) a special tribunal may pass any sentence authorised by sentence • i of special aw tdbt:nal •• (2) a person sentenced by a special tribunal-(a) to death or imprisonment for life, or (b) to imprisonment for a term extending to ten years under is section 5 of this act or under sub-section (4) of section 5 of 19 of 1923 the indian official secrets act, 1923, as amended by section 6 of this act, shall have a right of appeal to the high court within whose jurisdiction the sentence has been passed, butsave 86 aforesaid and not-20 withstanding the provisions of the code, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a special tribunal, and no court shall have authority to revise such order or sentence, or to transfer any 25 case from a special tribunal, or to make any order under section 491 of the code, or have any jurisdiction of any kind in respe:'t of any proceedings of a special tribunal (j) the powers conferred upon the appropriate government by chapter xxix of the code shall apply in respect of a person 30 sentenced by a special tribunal  chapter v employment of technical personnel in the national servlci:19 in this chapter, unless the context otherwise requires,-definitio'1s  3s (a) uemployment in the national service" means employment in a notified establishment in pursuance of an order passed under section 23; (b) "employer" means any person who employs technical personnel to do any work in an establishment and includes any person entrusted with the supervision and control of te~hnica1 personnel in such an establishment; (c) "establishment" means-(i) any office, or (ii) any place where any industry, trade, business or 5 occupation is carried on; and includes any technical institution or training centre established, selected or approved by the central government; (d) "national service tribunal" means a tribunal constituted under section 21; 10 (e) "notified establishment" means any government establishment and any establishment declared by notification under sub-section (1) of se:-tion 22 to be engaged in ~ork of national importance; (f) "notified occupation" means any occupation which the is central government may, by rules made under this chapter, specify as a notified occupation for the purposes of this chapter; (g) "technical personnel" means all persons who possess knowledge of or skilr in one or more of the notified occupations, whether or not they are employed in any establishment, and 20 includes such persons or class of persons undergoing training in any of those occupations in any establishment as may be declared by the central government by notification in the official gazette to be technical personnel for the purposes of this chapter liability for zo all technical personnel, being citizens of india and not being 2s «;mployd?-cnt1 members of the armed forces of the union or members of any in natlonll service reserve of any such force who are liable, under the terms of their service in such reserve, to be called up for service at any time and not only on partial or general mobilisation, shall be liable under this chapter to undertake employment in the natlonal service 30 national 43e tvice tribut\p}s 21 (1) the central government shall constitute, for sueh areas and in luch places as it thlaks 8t, national service tribunals to exercise the functions assigned to suc' tribuuls by or under thi chapter (2) the composition, powers and pl'iocedure of national servic~ 35 tribunals shad be such as may be prescribed notified estab1i!lltmenta 22 (1) the central government may, by notification in the oftlcial gazette, declare any establishment, which is engaged in work which, in the opinion of the central government, is likely to aasist the defence of india and civil defence, the eftlc1ent conduct of military operations, or the maintenance or increase of supplies and services essential to the life of the community, to be an establishment engaged in work of national importance and thereupon such estab-5 lishment shall be a notified establishment and while making such declaration, the central government may require that establishment to make such provisions as may be specified in the notification in regard to the terms of service and coriditions of work of its employees (2) every notified establishment shall be eligible to apply to a 10 national service tribunal or to the central government for technical personnel and having so applied, shall take into its employment such technical personnel within such period and on such tel'ldl and conditions as may be prescribed 23 (1) subject to any rules made in this behalf mder thia chap- bli1ple ment is ter, the central government may require a national service tribu- of tec:cicil nal to report what teclinical personnel, whether employed in an r::s'!t~~~r!i establishment or not, is available within its jurisdiction for employ- serloo ment in the national service and m:iy by order in writing,-(a)" require the employer in any establishment by which such 20 teclmical personnel is employed to release such personnel as may be specified in the order, for employment in the national service; (b) direct any technical personnel to undertake such employment in the national service as may be specified in the order; (c) direct that any technical personnel engaged in any establishment under conditions not amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed to have been taken into employment in the national service; and (d) require any notified establishment, notwithstanding that it has not made any application under section 22, to take into its employment such technical personnel within such period as may be specified in the order (2) notwithstanding anything in sub-section (1), a national service tribunal may-35 (a) exercise the powers conferred on the centralgovernment by clauses (a) and (b) of sub-section (1); (b) require by order any employer to give training in his establishment to persons for qualifying them as technical personnel; 2029 (b)ls-4 te) <urect by order technical personnel to present themaelvlti at such place and tlme as may be lij)ecified in the order for interview or inquiry, and if so required, for submission to a test of their technical skill (3) any order made by the central government under sub-sec-5 tic;m (1) and by a national service tribunal under sub-section (2) ihall be complied with within such period or on such date as may be'specified in thi6 behalf in the order (4) ,the central government or, as the case may be, a national service tribunal, may, by order in writing, transfer technical per- 10 lodllel from one form or place of employment in the national service to another; and the employer and the personnel concerned shall comply with such order ,v') n:o pel:son included in the definition of technical personnel, who "h~s' been directed tl) undertake employment in the national is ~ce "9rt transferred from one form or place of employment to ~oiher under the foregoing provisions, shall be disch8l"ged from or leave 'his ~mployment in such service unless the emj?loyer or person concerned has previously obtained the permission of the central government or, as the case may be, of the national service tribunal 20 (6) any person included in the definition of technical personnel who is required to undertake employment in the national service or ~errecl from one form or place of employment to another under the foregoing provisions of this section, may be required by the central government, or, as the case may be, the national service 2s '1'd~urial concerned, to submit himself tt be examined by such medical authority as may be prescribed ' (7) an appeal shall lie to the central government against any order passed by a national service tribunal under this section and the d~ision of the central government shall be final 30 (8) the terms of service of technical personnel taken into employment in the national service shall be such as may be prescribed: provided that any rights which such technical personnel may have under the provident or superannuation fund or other scheme relating to gratuity, bonus or other benefit for the adv8iltage of 35 ,e~ployees maintained by the establishment from which they are released shall be preserved reintat~­meot u (j)every person who was employed in his foiljler employment otherwise than in a probationary or temporary capacity and whose employment in the national se~ice has not befm ~ated 40 by djsmissal for serious misconduct shall, on his release from such employment in the national service, be entitled to be reinstated in his former employment, in accordance with such conditions as may ~ prescribed: 5 provided that in determining such conditions regard shall be had to the additional skill and experience acquired by him in the course of his emplolment in the national service (2) the central government may ity rules mad~ in this behau provide for the appointment of technical personnel (reinstatement) 10 tribunals to deal with such matters in relation to reinstatement of persons releaed from employment in the natioaal  viae _"'irq be pntkriw 15 (1) subject to any rules made in this behalf, a national ser- relinqwoflhment vice tribunal may require any establishment (including a' notified employment is establishment) to post before a specified date and to keep postedl on ~l' disml::j its premises notices intimating thatertggement by establish-(a) no person included within the definition of technical me~t or, personnel who is employed in the establishment shall at any time ~~n:r~l after the posting of the notice, leave his employment without 20 the previous permission in writing of the national service tribunal; (b) if the national service tribunal refuses such permission, that tribunal may lay down, subject to the prescribed conditions, the terms of service on which the employer- shall continue to retain him in employment; (c) if any such person leaves his employment without the previous permission in writing of the tribunal as aforesaid he may be d~rected by the tribunal to return to his employment (2) after notices referred to in sub-section (1) have been posted 30 on the premises of any establishment (including a notified establishment), no employer in the establishment shall engage, discharge or dismiss any person included in the definition of technical personnel except in accordance with rules made in this behalf 28 (1) whoever coniravenes any order of the central govern- penalties 35 m~nt or o~ a national service tribunal made under sectio~ 23 or ~~~ure prnwllfully fads to comply with any summon6, requirement, direction or order issued or made by the central government or by a national service tribunal under any other provision of this chapter shall be punishable with imprisonment for a term not exceeding six months, ,,0 or with fine not exceeding one thousand rupees, or with both (2) no court shall take cogniizance of any offence punishable ujlcler sub-section (1) except with the previous sanction in writing~-(4) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or'direction of the central government," of the central government; s (b) in the case of contravention of any order or' any wilful failure to comply with any summons, requirement'ior direction of a national service tribunal, of the national service tribunal (3) notwithstanding anything contained in the code of criminal 10 procedu:n!, 1898, an offence punishable under sub-section (1) shall , of iier be cognizable (4) no court inferior to a presidency ~gistrate or a magistrate of the first class shall try any offence punishable under subsection (1) is service 27 any summons, notice, requirement, direction or order issued ~~n::nona, made or given to any person under this chnpter may be served onler" etc by being sent by post addressed to that pel',"on at his last known residence power to 28 (1) the central government may by notification in the ~o m au rules official gazette, make rules for carrying out the purposes of this chapter (2) without prejudice to the generality of the foregoing power, such rules may prescribe-(4) the occupations which shall be notifled occupations for 2s the purposes of this chapter; (b) the composition, powers and procedure of national service tribunals; (c) the technical personnel, which ~y be taken into the employment of any notified establishment under sub-section 30 (2) of section 22 and the period within which and the terms and eonditioll$ on which such  personnel shall be so taken; (d) the medical authority before whom any person may be l'equired to submit himself for examination under sub- 35 ~ion (i)) of section 23:  (e) the terms of service of techni,cal personnel taken into employment in the national aerv1cej (t) the conditions in accordance with which persons released from employment in the national service may be  reinstated in their former employment; - (g) the appointment of technical personnel (reinstate-s ment) trihunals and the matters in relation to reinstatement which such tribunals may be required to deal with; (h) the provisions relating to engagement, discharge or dismissal of persons by any employer in any establishment on the premises of which notices have been posted under sub-10 section (1) of section 25: (i) any other matter which may be prescribed or which is to be provided for by rules (3) any rule maoo under this chapter may ,provide that a contravention of the rule shall be punishable with imprisonment i!5 for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both  chapter vi requisitioning and acquisition of immovable property29 (1) notwithstanding anything contained in any other law ~eq~isj-20 for the time being in force, if in the opinion of the central govern- f~~~~ableor ment or the state government it is necessary or expedient so to do property for securing the defence of innia, civil defence, public safety, maintenan<;e of public order or efficient conduct of military operations, or for maintaining supplies and services essential to the life 25 of the community, that government may by order in writing requisition any immovable property and may make such further orders as appear to that government to be necpssary or expedil'nt ~n connection with the requisitioning: provided that no property or part thereof which is exclusively 30 used by the public for religious worship shall be requisitioned (2) the requisition shall be effected by an order in writing addressed to the person deemed by the central government or the ~tate government, as the case may be, to be the owner or person in possession of the property, and such order shall be servedfn the 3s prescribed manner on the person to whom it is addressed (3) whenever any property is requisitioned under sflh-s£>ction (1), the period of such r'!!quisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-lection   pensa,io""l 30 whenever in pursuance of section z9 the ceiltral govenament or the state government, as the ease may be, requisitiolls any immovable property there shall be paid to the person interested compensation the amount of which shall be d~termined by 'takin, into consideration the following, namely:-s (i) the rent payable in respect of the property or if no rent is payable, the rent payable in respect of similar property in the locality; (ii) if in consequence of the requisition of the property the person interested is compelled to change his residence or places 10 of business, the reasonable expenses (if any) incidental to such eh"ge:  provided that where any person interested being aggrieved by the amount of compensation so determideti makes an application within the prescribed time to the central govemment 15 or the state government, as the cale may be, for referring the matter to an arbitrator, the amoant of comped"saticm to be' paid shall be such as the arbitrator appointed in this behalf by the central government or the state government, as the case may be, may determine: 20 provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, i" shall be referred to an arbitrator appointed in this behalf by the central government or the state government, as the case may be, for determination, and shall be 25 deterniined in accordance with the decision of such arbitrator expzanation-in this section, the expression "person interested" means the person who was in actual possession of the property requisitioned under section 29 immediately before the requisition, or where no person was in such actual possession, the owner of such 30 property }jower 10 obtain information and give direction 31 the central government or the state government, as the case may be, may, with a view to requisitioning any property under section 29 or determining the compensation payable under sectioti 30, by order-35 (a) require any person to furnish to the authority meritloned therein such information in his possession relating to any property as may be specified; ·(b) direct that the owner, occupier or the person in possession of the property shall not, without the permission of govern- 40 menl, dispose of it or where it is a building, structurally alter it till the expiry of such period as may be speelfted in th~ order 32 any person authorised in this behalf by the central govern- power of ment or the state government, as the case may be, may enter into :~~y i::" any inunovable property and inspect such property for the purpose of pection of, determining whether, and if so in what manner, an order under section ~~:perty, s 29 should be made in relation to such property or with a view to  securijlg compliance with any order made under that section 33 (1) any person remaining in possession of any requisitioned eviction property in contravention of any order made under section 29 may ~r:i:tioderr be summarily evicted from the property by any officer empowered property loin this behalf by the central government or the state government, as the case may be (2) any officer so empowered may, after giving to any woman not ~ppeapng in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any is building or do any other act necessary for effecting such eviction 34 if any person contravents any order made under section 29 ~cn8lty - ,or collor section 31, he shall be punishable with imprisonment for a term travenwhich may extend to one year, or with fine, or with both ~~; of order regarding requisitioning 35 (1) where any property requisitioned under section 29 is rele~~ f~oid :ao to be released from such requisition, the government by which or requisition under whose authority the property was requisitioned or any person generally or specially authorised by it in this behalf may, after such inquiry, if any, as it or he may in any case, consider necessary to make or cause to be inade, specify by order in writing the person to 2s whom possession of the property shall be given (2) the delivery of possession of the property to the person specified in the order under sub-section (1) shall be a full discharge of the government from all liabilities in respect of the property, but shall not prejudice by any rights in respect of the property which 30 any other person may be entitled by due process of law to enforce against the person to whom possession of the property is delivered 36 (1) any immovable property which has been requisitioned acquisiunder section 29 may, in the manner hereinafter provided, be acquired tion of in the circumstances and by the government specified below, ~i::::t namely:-prop~rty 35 ~ (a) where any works have, during the period of requisition, been constructed on, in or over the property wholly or partly at the expense of any government, the property may be acquired by that government if it decides that the value of or the right to use, such works shall, by means of the acquisition of the pr~ perty, be preserved or secured for the purposes of any government~ or (b) where the cost to any government of restoring the 5 property to its condition at the1time of its requisition as aforesaid would, in the determination of that government, be excessive having regard to the value of the property at that time, the property may be acquired by that government (2) when any government as aforesaid decides to acquire any jo :immovable property, it shall serve on the owner thereof or where the owner is not readily traceable or the ownership is in dispute, by publishing in the official gazette, a notice stating that the government has decided to acquire it in pursuance of this section (3) where a notire of acquisition is served on the owner of the 15  property or is publis~ in the official gazette under sub-section (2), then, at the beginning of the day on which the notice is so served or published, the property shall vest in the government free from any mortgage, pledge, lien or other similar encumbrances and the period of requisition thereof shall come to an end 20 (4) any decision or determination of a government under subsection (1) shall be final, and shall not be called in question in any court (5) for the purposes of this section, "works" includes every description of buildings, structures and improvements of the pr~ 25 perty com pen· 37 (1) the compensation payable for the acquisition of any prosation fot natty under section 36 shall beacquisi--tion of re· qui~itioned property (a) the price which the requisitioned property would have fetched in the opt'n market if it had remained in the same con- 30 dition as it was at the time of requisitioning and been sold on the date of acquisition, or (b) twice the price which the requisitioned property would have fetched in the open market if it had been sold on the date of the requisition, whichever is less 35 (2) where the owner of any property acquired wider section 36 is aggrieved by the amount of compensation determined in aecor· dance with sub-sed ion (1), he may make an application within the prescribed time to the central government or the state government, as the case may be, for referring the matter to an arbitrator appoint- 40 ed in this behalf by the central government or the state government, and the amount of compensation to be paid shall be such as may be determined by the arbitrator in accordance with sub-section (1) ~ i 5 (3) where there is any dispute as to the title to receive the com-~~tion or as to the apportionment of the amount of compensation, it shall be referred to an arbitrator appointed in this behalf by the central government or the state government, as the case may be, for determination, and his decision thereon shall be final 10 38 (1) the central government or the state government as the p , ower to case may be, may by notification in the official gazette, make rules make ruin for carrying out the purposes of this chapter (2) in particular, and without prejudice to the generality of the foregoing powers, such rules may prescribe-15 (a) the procedure to be followed in arbitration proceedings under this chapter; (b) the period within which the owner of any property or any other person interested in the amount of compensation may apply to the government concerned for referring the matter to 20 an arbitrator; (e) the principles to be followed in apportioning the costs of proceedings before the arbitrator; (d) the method of payment of compensation; (e) the manner of service of notices and orders; 25 (f) any other matter which has to be, or may be, prescribed 39 any property referred to in sulb-section (2) of section 24 of certain 30 of 195z the requ~sitkming and acquisition of immovable property act, 1952, ~~c:ca which continued, immediately before the commencement of that tio~cd under act, to be subject to requisition under the requisitioned land l:v~ be of 19471 30 (continuance of powers) act, 1947, and has not, immediately before deemed to ' the commencement of this act, been released from requisitioning :nc~quii­', shall, notwithstanding anything contained in any other law for the under thie f   d t d d f rt chapter time being in orce or in any ju gmen, ecree or or er 0 any cou , be deemed to be the property requisitioned under sub-section (1) of 35 section 29 if such property is, in the opinion of the central govemment, now required for any of the purposes specified in that subsection: provided that-(a) all agreements or awards for the payment of compen-40 satioll in respect of any such property for any period of requisitiod before the commellcement of this act and in force immel diately before such commencement, shan continue to be in force 2029 (b)ls-5 ud shan apply to the payment of compellsation ill respect of that property for any period after such commencement , 3 or 19:13 17 of 1947 (b) anything done or any action taken (including any orders, notifications or rules made or issued) under the requisitioning and acquisition of immova'ble property act, 1952, or" under the 5 requisitioned land (continuance of powers) act, 1947, and continued' under the first-mentioned act, shall, in so far as it is not inconsistent with the provisions of this chapter or any rules 0:- orders made thereunder, be deemed to have been done or taken under this chapter 10  chapter vii supplementalpower dele,ate to 40 (1) the central" government may, by order, direct that any power or duty which by this act or by any rule made under this act is conferred or imposed upon the central government shall, in such 15 circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also-(a) by any officer or authority subordinate to the central government, or"' (b) whether or not the power or duty relates to a matter 20 with respect to which a state legislature has power to make laws, by any state government or by any officer or authority subordinate to such government, or ," (c) by any other authority (2) the state government may, by order, direct that any power 25 or duty wlhich by this act or by any rule made under this act is conferred or imposed on the shte government or which, being by this act or any such rule conferred or imposed on the central government, has been directed under sub-section (1) to be exercised or discharged by the state government, shall, in such circumstances and ~o under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority not being (except in the case of a union territory) an officer or authority subordinate to the central government rules to be "41 every rule made under this act shall be laid, as soon as may 3s iraid berorer be after it is made, before each house of parliament while it is in ouaes 0 1 lod f th " h b d  parliament session for a tota per 0 irty days whlc may" e comprise 10 one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule_ or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annul-s ment shall be without prejudice to the validity of anything previously done under that rule 42 (1) except as may be provided in this act or in any rule iurisdicmade thereunder or in any order made under any such rule by the tiod~ of ot" mary central government or the state government or by an officer not courts 10 below the rank of collector empowered under sub-section (1) or sub-section (2) of section 40 to make such order, the ordinary criminal and civil courts shall continue to exercise jurisdiction (2) for the removal of doubts, it is ~ereby declared that any provision in any such rule or order as aforesaid to the effect that the is decision of any authority not being a court shall be final or conclusive shall be a sufficient excepting provision within the meaning of subsection (1) , 43 the provisions of this act or any rule made thereunder or any effect of ac order made under any such rule shall have effect notwithstanding and rules,t   h  h t' d' ct t th etc, mcon-20 anything mconslstent t erewit con arne many ena men 0 er sistent with than this act or in any instrument having effect by virtue of any other en-'   actments enactment other than this act m any authority or person acting in pursuance of this act shall ordinary interfere with the ordinary avocations of life and the enjoyment of avoca-1· i b t 'th th f' g tions of 2s property as itt e as may e consonan wi e purpose 0 ensurrn life to be the public safety and interest and the defence of india and civil interfered defence with as little as possible 45 (1) no order made in exercise of any po~r conferred by or savings as under this act shall be called in question in any court to orders 30 (2) where an order purports to have been made and signed by any authority in 'exercise of any power conferred by or under this act, a court shall, within the meaning of the indian evidence act, i of 1872 ; 1872, presume that such order was so made by that autoority 46 unless otherwise expressly provided in any rules or orders ch made under chapter iii, nothing contained in that chapter or any ii iar:~~ to 35 such rules or orders shall apply to the armed forces of the union apply to or to any measures taken by any of the authorities in control of the ~e:urel for armed forces for the purpose of securing the defence or safety of tthcte·o pto-f     e i n 0 such forces or for the protection of any naval, military or atl' force armed  st 11 t' forces 40 m a a ions ,~ (1) no suit, prosecution or other legai proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder or any orders issued under any such rule (2) save as otherwise expressly provided under this act, no suit 5 or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this act or any rule made thereunder or any order issued under any such rule repeal add u (1) the defence of india ordinance, 1962, and the defence ~f 104 of 196z uyldi india (amendment) ordinance, 1962, are hereby repealed 60fl96z (2) notwithstanding such repeal, any rules made, anything done or any action taken under the defence of india ordinance, 1962, as 4 of j96z amended by the defence of india (amendment) ordinance, 1962 6 of j96z shall be deemed to have been made, done or taken under this act as 15 if this act had commenced on the 26th october, 1962 the bill seeks to replace with a few changes the defence of india ordinance, 1962 [as amended by the defence of india (amendment) ordinance, 1962] promulgated by the president on the issue of the proclamation of emergency on the 26th october, 1962 the principal changes introduced in the bill relate to employment of technical personnel in the national service and a few additional matters in sub-clause (2) of clause 3 lal bahadur new delhi; the 11th november, 1962 items (1), (8), (10), (11), (20), (26), (27), (28), (30) (35), (46), (48), (50), (51), (52), and (54) of sub-clause (2) of clause 3, and also clauses 7 (1), 8 (1), 13 (1), 21, 24 (2), 30, 37 (1) and sub-clause (a) of the proviso to clause 39 are likely t'o involve expenditure measures indicated in other items of sub-clause (2) of clause 3 being mostly of a preventive or regulatory nature may not involve extra expenditure unless it becomes necessary to enforce them on a wide scale the quantum of expenditure involved will lergely depend on the nature and size of measures that may have to be taken, from time to time, to meet the emergency it is, therefore not possible to assess the magnitude of the expenditure with any degree of accuracy, nor is it possible to indicate how much of this would be met from the consolidated fund of india clauses 3, 12, 28 and 38 of the bill confer rule-making powers on the central government clause 38 confers such powers also on the state governments the delegation of powers under clause 38 is for regulating procedural matters and is normal in character the other provisions, particularly clause 3, confer" somewhat wide rulemaking powers on the central government to deal with the present emergency, the central government should have sufficient powers to take such action as may be necessary or expedient and clothe itself with adequate legal authority to take such measures the delegation of powers under clauses 3, 12 and 28 is thus normal in character during a period of emergency  extracts from the indian official secrets act, 1923(19 of 1923) - - - - - \vron8f~ 5 (1) if any person having in his possession or control any communi-t ffi' i d cation, etc, secre 0 cia co e or pass word or any sketch, plan, model, article, of wor- note, document or information which relates to or is used in a matton h'b't d i i pro lie p ace or re ates to anything in such a place, or which has been made or obtained in contravention of this act, or which has been entrusted in confidence to him by any person holding office under government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under government, or as a person who holds or has held a contract made on behalf of government, or as a person who is or has been employed under a person who holds or has held such an office or contract-(a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it, or a court of justice or a person to whom it is, in the interests of the state, his duty to communicate it; or (b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the sefety of the state; or (c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or cd) fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or pass word or information; he shall be guilty of an offence under this section, - - - - - (4) a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both  - - - - - - s of 1898 lz notwithstanding anything in the code of criminal proce- power to dure, 1898,-arrest (a) an offence punishable under section 3 or under section 3 read with section 9 with imprisonment for a term which may extend to fourteen years shall be a cognizable and non-bailable offence; (b) an offence under clause (a) of sub-section (1) of section 6 shall be a cognizable and bailable offence; and (c) every other offence under this act shall be a noncognizable and bailable offence, in respect of which a warrant of arrest shall ordinarily issue in the first instance  - - - - - extracts from the aircraft act 1934 (22 of 1934) - - - - - 5 - - - - - power of centra government to (2) without prejudice to the generality of the foregoing such rules may provide forpower make rule • - - - - - (r) any matter subsidiary or incidental to the matters referred to in this sub-section - - - - - 8 (1) any authority authorised in this behalf by the central power to detain government may detain any aircraft, if in the opinion of such aircraft authority-ca) having regard to the nature of an intended bight, the flight of such aircraft would involve danger to persons in the' aircraft or to any other persons or property; or (b) such detention is necessary to secure compliance with any of the provisions of this act or the rules applicable to 8uch aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (i) of sub-section (2) of section 5 - - - - - 2029(b)ls--6 ena~ ty for 11 whoever wilfully, flies any aircraft in such a manner as to :~ ng ~~s:s cause danger to any person or to any property on land or water or danger in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to one thousand rupees, or with both  - - - - - power of 13 where any person is convicted of an offence punishable court to d order forun er sub-section (1) of section 10 or under any rule made under f eiture clause (i) of sub-section (2) of section 5, the court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to government   - - -  rules to be 14 any power to make rules conferred by this act is subject to made after the condition of the rules being made after previous publication for publica-( ion a period of not less than three months  - - - - - extracts from the payment of w ages act, 1936 (4 m' 1936)  - - - - 7 (i)  - -  deductions which may be made from wages  (2) deductions from the wages of an employed person shall be, made only in accordance with the provisions of this ~ct, and may be of the follo~ing kinds only, namely:-(a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for lobs of money for which hi2 is required to account, where such damage or loss is directly attributable to his neglect or default; (d) deductions for house-accommodation supplied by the employer or by government or any housing board set up under any law for the time being in force (whether the g:overnment or the boord is the employer or not) or any other authority engaged in the business of subsidising house-accommodation which may be specifled in this behalf by the state government by notification in the oftlcial gazette; (e) deductions for such amenities and services supplied by the employer as the state government may, by general or special order, authorize; explanation-the word "services" in this sub-clause does not include the supply of tools and raw materials required for the purposes of employment (1) deductions for recovery of advances or for adjustment of over-payments of wages; (g) deductions of income-tax payable by the employed person; (h) deductions required to be made by order of a court or other authority competent to make such order; 19 of 1925 ii of 1922 (i) deductions for subscriptions to, and for repayment of advances from any provident fund ·to which the provident funds act, 1925, applies or any recognized provident fund as 'defined in section 58a of the indian income-tax act, 1922, or any provident fund approved in this behalf by the state government, during the continuance of su~h approval; (j) deductions for payments to co-operative societies approved by the state government or to a scheme of insurance maintained by the indian post office; and (k) deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the life insurance corporation of india established under the life insurance corporation act, 1956, or for the purchase of securities of the government of india or of any stute government or for being deposited in any post office savings bank in furtherance of any savings scheme of any such government - - - - - a bill to provide for special m~asures to ensure the public safety and interest, the defence of india and civil defence and for the trial of certain offences and for matters connected therewitb  the president bas, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill mn kaul, secretary (shri la[ bahadur'"shastri, minister of home affairs) 