 bill no 48 of 1966 til~ defence of india (amendment) bill, 1966 a billftlrther to amend the defence of india act, 1962 it enacted by parliament in the seventeenth year of the of india as follows:-1 (1) this act may be called the defence of india (amend- short we act, 1966 as may be after the commencement of this restrieted use of i, defence of , ", (a) the president may, by order in the official gazette, direct india ad ,:' that on and after such date as may be specified therein, the and rulh , ,~ :~, defence of india act, 1962, the defence of india rules, 1962 and ~ all other rules made under that act, or so much of that act and i'' • ,, of those rules as may be specified in the order, shall continue '" to be in force in such part or parts of the territory of india aa ;i~: dlay be specified in that order for all the purposes referred lo in that act and those rules and thereupon the provisions, if 811; -, of that act and those rules not specified in that order shall cea! to operate in such part or parts except as respects things do~ or omitted to be done before such cesser of operatio ~f tho3~ provisions and section 6 of the general cla::ses ad 1897, shall apply upon such cesser of operation as if such cess~ were a repeal of an enactment by a central act; 1 ··~z (b) the president may, by the same or a different order ~ the official gazette, direct that on and after such date as may i specified in the order, the defence of india act, 1962, the def of india rules, 1962 and all other rules made under that act, ' so much of that act and of those rules as may be specified in order, shall continue to be in force in the rest of the territory india, not for all the purposes referred to in that act and rules but only for the purpose of securing-(a) the defence of india by anyone or more of following means, that is to say, by providing for-(i) the prevention or prohibition of commun·~  ,  with the enem'y or agents of the enemy and the ,-pc'rna tion of movements (includin~ the apprehension p~tention in custody), and activities of per:ons for p\lfpose of, such prevention or prohibition; i ' (ii) the control of publication or communication information relating to defence matters; (iii) the prohibition or regulation of entry into place or area the control of which is considered ne or expedient; (iv)· the control of movements of persons to and enemy territory or occupied" territory; (v) ,the prilvention or prohibition of advancing money to or contracts or commercial dealings with,: , enemy, enemy subjects or persons residing, carrying business or being in en~my:territory or occupied tory; or (8) civil defence; or (c) ihe public safety or the maintenance of public  or the ; efficient conduct of military operations in any, ,parts of the territory of india ,referred to in clause (4) 'and thereupon,~ (i) the p,rovisio~ of·t~at a'ct and those'rules speeifu~d in that order shall cease to operate in the rest 'ofthejterrltory ,~,ji •• of'lndia for all purposes other' than the pui'p9ses referred to 'rc in items (a) (h) and (c) above; if pi r (ii) the provisions of that act and those rules if any, ,:, ~  ,  !1'~t>i' not specified in that: order shall cease to operate in the rest ,i, f> - ~;  i of the territory of india for all purposes  l~cept as l'e-pects things done or omitted to be done before such ~tiesser of opel ation of those provisions and seetion 6 of the poeneral clauses act, 1897, shaji apply upotn such cesser'of opera  tton as if such cesser were a··repeal·of -an enactment by a ;c'en'tral natiml  -in clause (b), the ref~rence to the defen~e of lndia    , ':'  _g,,,  -,,!'hal1-be construed'a5 if in that a(:t - -·u·(i)1in section 3, sub-elause· (b) of' clause· (iv) of &l1b-st'ction ihac, been omitted; x'(ii) chapt~r iv· (relating to· special tribunals) had been fed; ·and  (lit) in chapter vi (relating to requisitioni~g andacqnisition 'r'   'immovable property), the references to the state governm~nt ,   '  d  been omitted; ~s respects things done or omitted to be done before such ~"\lu and section 6 of the general clauses act, 1897, shall apply tfmthen  the def£'nce of india act" 1962 and the· rujes made ~nder or any portion thereof continue or contin~es to b~' in force ~p&tt·or carts 'of the territory 'of,india, for·any p\irpoc;e referred _  "06 omission as if such omission \vere a repeal of an enactment act -ii  that att byvil'tue of an order under suihiection, (1), all (;rders~ h~a&ns directions and other statutory instruments 'made or ~1under tha t act or those rules and ·ij1·folce in such part or parts !tiediately before the date specified ;in the  order, under sub-s~tion j~al1 continue to be in force for, such purposeand-any ~~uch order, itmcation, direction or other statutory instrument may be varied or ii,cfnded by the authority competent for- the timebeingt to make or ~~ order, notification, dir~l1:tio'bor st~tut"'y instrument but suchipurpose   ~y' order issued' by' the president under sub--section (1)  ~laid, 8s:soon as may,beafter it is issued before each hous,  uan\ent ,  (4) notwithstandin~ anything contained in this act or in the; defence of india act, 1962, as amended by this act,-: (a) rule 47 (relating to publication of inventions and designs)i of the defence of india rules, 1962, shall continue, until other~~ wise directed by the central government by notification in thefi official gazette, to operate throughout the whole of india; and (b) part xiia (relating to gold control) of the defence india rules, 1962, shall continue, until the commencement of the· gold (control) act, 1965, to aperate throughout the whole of india, together with so much of the other provisions of the defence of rules, 1962, as is necessary for the effective enforcement of the visions referred to in clauses (a) and (b) (5) notwithstanding anything contained in this act or in defence of india act, 1962, as amended by this act, in respect of 3ction taken or anythin~ done (not being an order of detention rule 30 of the defence of india rules, 1962) by the government or an officer or other authority of the government in exercise of execu powers under any provision of the defence of india act, 1962, or rules made thereunder before the cesser of operation of such n"'''"~ sion in any part or parts of the territory of india by virtue of order under sub-section (1), whether or not such action or thing relatable to any of the purposes referred to in items (a), (8) and ( of clause (b) of sub-section (1), all the relevant provisions of raid act and rules shall be deemed to continue in force in such or parts only in so far as such continuance is necessary for in force such action or thing and for taking such further steps connection therewith as may 'be taken under those provisions (6) in making an order under clause (b) of sub-section (1), president may, by that order, make such modifications in any ~ions of the defence of india act 1962 and the rules thereund~r as may be necessary to limit the application of such sions to the purposes specified in such order   3 in the defence of india act, 1962,-(1) in section 1,-ablendment of actd10f 18q (a) in sub-section (2), for the words "it extends to whole of india", the words, figures and brackets ''this or, as the case may be, any portion thereof extends only such part or parts of the territory of india in which it ~ntinue to be in force by virtue of an order of the ; " tssued under se~ion 2 of the defence of india (amendment, • ,' act, 1966" shall be substituted; (b) in sub-section (3), for the words, figures and letters ,  ~~: "it shall remain in force during the period of operation of ,,the proclamation ~f emer~ency issued on the ,~6th october, ; ;') 1962, and for a penod of six months thereafter ,the words, ~ ,figures and let~rs "if immediately before the revocation of ithe proclamation of emergency issued on the 26th october, , '; 1962, this act or, as the case may be, any portion thf'reof is ;''l in force in any part or parts of the territory of india, then, , ~,~ , it shall remain in force in such part or parts for a period of " six months after such revocation" shall be substituted; ~1 (2) in section 6, for the words "during the continuance in 'of this act,-", the words "during the continuance in :'~ of this act or, a~ the case may be, any portion thereof ,'any, part of the territory of india t~e followin~ acts shall ve ~1fect in such part subject to the amendments pereinafter v!ded so however that the amended provisions of the sa1d acts apply only in relation to the purpose or purposes for which act or, as the case may be, any portion thereof continues to in force in that dart, namely: -" shall be substituted ) if any difficulty arises in giving effect to the provisions power to  remove act or of the defence of india act, 1962 as amended by difficulties " act, the central government may, by order published '8 official gazette, make such provision as appears to it to be or expedient for the removal of the difficulty ' every order made under this section shall be laid as soon as after it is made before each house of parliament while it " 'on for a total period of thirty days which may be comprised : session or in two successive sessions, and if, before the expiry ," session in which it is so laid or the session immediately rwing, both houses agree in making any modification in the ~ or both houses agree that the order should not be made, the t &hall thereafter have effect only in such modified form or be ~ effect as the case may be; so, however, that rny such modi-~ 9r annulment shall be without prejudice to the validity of ~, g previously done under that order  stattmn1" of objects"and:reasonsthe need and use of defen'ce of india laws in the changed c text were' rec!ently· reviewed" by -government and· the; conclusi~ reached' were announced in datements made in the- lok sabha i rajya sabha' on the 18th mtiy, 196& one of the conclusions 'was tl the ddence' of' india ad' anti ~ rules should be limited in tb application in whol~ or in· part to such area or areas, and for st p'u'rposes, as- the president may, by' order in the ofticial specify; in ·'order: that'" government· could· have wider powers the defence of india act and rules in relation to certain stmes-i amf t@!tritories~ ui-an illl relation to the· rest- of; india som~pt,~~·n\a:r:b&~reqt:tked mainly for purposes'connected t!1e',chf~ftte-: of india and: civil, defence 2 tiie: bill' seeks to empower the president to' issue orders restricting the, operation of the defence of india act rules made thereunder on the lines indicated above the bill seeks to make- for this purp'ese the necessary consequential ments iii th~' defence' of' india act, 1962; ne\v'~l-, g' l, t1ter 2s$h  july, 1966  i ~,'  e~  l 2 of the bill empowers the president to provide by order :liitricted use of the defence of- india act and the rules made ftrpdder "the intention is to limit the application of the act f tile rules or any portion 'tberef)f :only to certain specified areas :imo retain their applica~ility in the rest of india for the limited  of defence of india by certain specified means, civil d~fence, ""_ute'! p'ftnic -safety: (lr·the :maintenance  {)f public:order or the condu~t of miutary operations in those specified areas   ::,~  ~-- of power to' the  president is -ne~ssary -as it iis not possible to-~pecifv·the &tt!&s &nd[{he provisians of the the j;ules which are applicable to such areas the dejegation ve power is therefore of a normal character  l·   "  i ,   ' "  extracts from the defenice of india act, 1962(51 of 1962) - - - - - chapter i  preliminary i , 1 (1) this act may be called the defence of india act, 1~(2) it extends to the whole of india' and it applies also-'u r, short title, extent, application, duration and savings (3) it<:2 :~::s ~f f:::~~ d~::::h~:::iod of op:ration j proclamation of emergency issued on the 26th october, 1962, a period of six months thereafter but its expiry under the ope~ra' of this sub-section shall not afiect-(a) the previous operation of, or anything duly qoiuj,li suffered under, this act or any rule made thereunder or order made under any such rule, or - - - - - and any such investigation, legal proceeding or remedy instituted, continued or enforced and any such penalty, punishment may be imposed as if this act had not expired - - - - - - 6 during the continuance in force of this act,-(1) the indian official secrets act, 1923 shall have if-temporary amend_ ments to acts (a) in sub-section (1) of section 5 thereof, after words "in his possession or control", the words "any tion likely to assist the enemy as defined in the delejlliiii! india act, 1962, or" had been inserted; and after the "in such a place/, the words "or which relates to or is  in, a protected area as defined in the rules made undet  defence of india act, 19§2, or relates to anything in area:' had been inserted; - , - - - -  a billfurther to amend the defence of india act, 1962 (shri gulzarilal nanda, minister of home affairs) j 