3. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make such rules as appear to it necessary or expedient for securing the defence of India and civil defence,
the public safety, the maintenance of public order or the efficient conduct of military operations, or for
maintaining supplies and services essential to the life of 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:—
(1) ensuring the safety and welfare or the Armed Forces of the Union, ships and aircrafts, and
preventing the prosecution of any work likely to prejudice the operations 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 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—
(a) communications with the enemy or agents of the enemy;
(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 behalf
of the enemy;
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(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 or occupied
territory; and
(e) acts, publications or communications prejudicial to civil defence or military operations;
(5) preventing the spreading without lawful authority or excuse of reports or the prosecution of
any purpose, likely to cause disaffection or alarm, or to prejudice India’s relations 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;
(7) (a) prohibiting the printing or publishing of 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 the maintenance of
supplies and services essential to the life of the community;
(b) demanding security from any press used for the purpose of printing or publishing, and
forfeiting the copies of, any newspaper, news-sheet, book or other document containing any of the
matters referred to in sub-clause (a);
(c) forfeiture of such security and the circumstances in which and the authority by whom such
forfeiture may be ordered;
(d) closing down any press or any premises used for the purpose of printing or publishing any
newspaper, news-sheet, book or other document containing any of the matters referred to in
sub-clause (a) in spite of the forfeiture of such security;
(8) regulating 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 persons to comply with any scheme of defence or civil
defence;
(10) ensuring the safety of—
(a) ports, dockyards, lighthouses, light-ships and aerodromes;
(b) railways, tramways, roads, bridges, canals and all other means of transport by land or
water;
(c) telegraphs, 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 other works for public purposes;
(e) vessels, aircraft, transport vehicles as defined in the Motor Vehicles Act, 1939 (4 of
1939), and rolling stocks of railways and tramways;
(f) warehouses and all other places used or intended to be used for storage purposes;
(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 scientific 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
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(j) any other place or thing 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 public
safety, the public order, or the efficient conduct of military operations, or for maintaining supplies
and services essential to the life of the community;
(11) the demolition, destruction or rendering useless in case of necessity of any building or other
premises or any other property;
(12) prohibiting or regulating traffic, and the use of vessels, 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 departing from, India;
(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 apprehend or detain (the authority empowered to detain not being lower in rank
than that of a District Magistrate) 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,
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 of
military operations, or with respect to whom that authority is satisfied that his apprehension and
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,
(iii) the compelling of such person to reside and remain in any area, or to do or abstain from
doing anything, and
(iv) the review of orders of detention passed in pursuance of any rule made under
sub-clause (i);
(16) restricting and regulating the charter of foreign vessels and aircraft;
(17) regulating the structure and equipment of vessels for the purpose of ensuring the safety
thereof and of persons therein;
(18) regulating work in dockyards, shipyards and aerodromes in respect of the construction and
repairs of vessels and aircraft;
(19) prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the
movement of aircraft, and traffic on railways, tramways and roads, and reserving and requiring to be
adapted, for the use of the Government, all or any accommodation in vessels, aircraft, railways,
tramways or road vehicles for the carriage of persons, animals or goods;
(20) the impressment of vessels, aircraft, vehicles, 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 interrupting 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 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
supplies and services essential to the life of the community;
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(24) the control of generation, supply, distribution, use or consumption of electrical energy;
(25) the taking over by the Central Government or the State Government, for a limited period, of
the management of any property (including any undertaking) relating to supplies and services
essential to the life of the community;
(26) the control of agriculture (including the cultivation of agricultural land and crops to be raised
therein) for the purpose of increasing the production and supply of foodgrains and other essential
agricultural products;
(27) the provision, storage and maintenance of commodities and things required for the conduct
of military operations or for the defence of India and civil defence;
(28) the requisition of services of persons for maintaining supplies and services essential to the
life of the community;
(29) the provision, construction, maintenance or alteration of buildings, premises or other
structures or excavations required for the conduct of military operations or the defence of India and
civil defence;
(30) the protection of property by the performance of such fire prevention and other duties as may
be allotted to any person;
(32) the securing of any building, premises or other structures from being readily recognisable in
the event of a hostile attack by a foreign power;
(32) prohibiting, restricting of otherwise regulating the bringing into, or taking out of, India of
goods or articles of any description (including coin, bullion, bank 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, and applying the provisions of the Sea Customs Act,
1878(8 of 1878), and in particular 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;
(34) the control of any road or pathway, waterway, ferry or bridge, river, canal or other source of
water-supply;
(35) the requisitioning and acquisition of any movable property; and the principles on which and
the manner in which compensation shall be determined and given in respect of such requisitioning or
acquisition;
(36) the prevention of any corrupt practice or abuse of authority or other mala fide action in
relation to the production, storage, purchase, sale, supply or transport of goods for any purpose
connected with the defence of India and civil defence, the efficient conduct of military operations or
the maintenance of supplies and services essential to the life of the community;
(37) the prevention of hoarding, profiteering, blackmarketing, or adulteration of or any other
unfair practices in relation to, any goods procured by or supplied to the Government or notified by or
under the rules as essential to the life of the community;
(38) prohibiting or regulating the possession, use or disposal of—
(a) explosives, inflammable substances, corrosive and other dangerous substances or articles,
arms and ammunitions of war;
(b) vessels;
(c) wireless telegraphic apparatus;
(d) aircraft; and
(e) photographic and signalling apparatus and any means of recording information;
8
(39) prohibiting or regulating the bringing into, or taking out of, India and the possession, use or
transmission of ciphers and other secret means of communicating information;
(40) prohibiting or regulating the publication of inventions and designs;
(41) prohibiting or regulating the publication of results of research work having a bearing on
efforts relating to defence of India or military operations;
(42) preventing the disclosure of official secrets;
(43) prohibiting or regulating meetings, assemblies, fairs and processions;
(44) preventing or controlling any use of uniforms, whether official or otherwise, flags, official
decorations like medals, badges and other insignia and anything similar thereto, where such use is
calculated to deceive or to prejudice the public safety, the maintenance of public order, the defence of
India and civil defence;
(45) ensuring the accuracy of any report or declaration legally required of any person;
(46) preventing the unauthorized change of names;
(47) preventing anything likely to cause misapprehension in respect of the identity of any official
person, official document or official property or in respect of the identity of any person, document or
property purporting to be, or resembling, an official person, official document or official property;
(48) the precautionary measures which the Government or any department thereof or any local
authority, members of police forces and fire brigades and members of any other service or authority
employed primarily for purposes other than civil defence purposes should be required to take within
their respective jurisdictions or with respect to any personnel employed by them;
(49) the seizure and custody or destruction of injured, unclaimed or dangerous animals;
(50) the salvage of damaged buildings and property and disposal of the dead;
(51) the evacuation of areas and the removal of property or animals therefrom;
(52) the accommodation in any area of persons evacuated from another area and the regulation of
the conduct of evacuated persons accommodated in such area;
(53) the billeting of evacuated persons or persons authorised to exercise functions under this Act;
(54) the instruction of members of the public in civil defence and their equipment for purposes of
civil defence;
(55) the entry into, and search of, any place reasonably suspected of being used for any purpose
prejudicial to the public safety or interest, to the defence of India and civil defence or to the efficient
conduct of military operations, and for the seizure and disposal of anything found there and
reasonably suspected of being used for such purpose;
(56) the preparation of any scheme of defence service or any other service connected with the
defence of India and requiring any person or class of persons to comply with such scheme;
(57) the eviction of unauthorised occupants from such public premises [as defined in the Public
Premises (Eviction of Unauthorised Occupants) Act, 1958(32 of 1958)] as are, in the opinion of the
Central Government, required for the purposes connected with the defence of India and civil defence,
the public safety or interest, the efficient conduct of military operations or the maintenance of
supplies and services essential to the life of the community.
(3) The rules made under sub-section (1) may further—
(i) provide for the arrest and trial of persons contravening any of the rules or any order issued
thereunder;
(ii) provide that any contravention of, or any attempt to contravene, or any abetment of, or any
attempt to abet, the contravention of any of the provisions of the rules or any order issued under any
such provision, shall be punishable with imprisonment for a term which may extend to seven years, or
with fine, or with both;
9
(iii) provide for the seizure, detention and forfeiture of any property in respect of which such
contravention, attempt or abetment as is referred to in clause (ii) has been committed and for the
adjudication of such forfeiture whether by a court or by any other authority;
(iv) confer powers and impose duties—
(a) upon the Central Government or officers and authorities of the Central Government as
respects any matter, notwithstanding that the matter is one in respect of which the State
Legislature has power to make laws; and
(b) upon any State Government or officers and authorities of any State Government as
respects any matter, notwithstanding that the matter is one in respect of which the State
Legislature has no power to make laws;
(v) prescribe the duties and powers of public servants and other persons as regards preventing the
contravention of, or securing the observance of, the rules or any order made thereunder;
(vi) provide for preventing obstruction and deception of, and disobedience to, any person acting,
and interference with any notice issued, in pursuance of the rules or any order made thereunder;
(vii) prohibit attempts by any person to screen from punishment any one, other than the husband
or wife of such person, contravening any of the rules or any order made thereunder;
(viii) empower or direct any authority to take such action as may be specified in the rules or as
may seem necessary to such authority for the purpose of ensuring the public safety or interest or the
defence of India and civil defence;
(ix) provide for charging fees in respect of the grant or issue of a licence, permit, certificate or
other document for the purposes of the rules.
4. Special powers to control civilian personnel employed in connection with the Armed Forces
of the Union.—The Central Government may, by notification in the Official Gazette, direct by general or
special order that any persons who not being members of the Armed Forces of the Union are attached to,
or employed with, or following those Forces, shall be subject to naval, military or air force law, and
thereupon such persons shall be subject to discipline and liable to punishment for offences under the Navy
Act, 1957 (62 of 1957), the Army Act, 1950 (46 of 1950) and the Air Force Act, 1950 (45 of 1950), as the
case may be, as if they were included in such class of persons subject to any of those Acts as may be
specified in the notification or in the absence thereof, by an officer empowered by the Central
Government in this behalf.
5. Enhanced penalties.—(1) If any person contravenes, with intent to wage war against India or to
assist any country committing external aggression against India, any provision of the rules made under
section 3 or any order issued under any such rule, he shall be punishable with death or imprisonment for
life, or imprisonment for a term which may extend to ten years and shall also be liable to fine.
(2) If any person,—
(a) contravenes any such provision of, or any such rule or order made under the Aircraft Act,
1934 (22 of 1934), as may be notified in this behalf by the Central Government, or
(b) in any area notified in this behalf by a State Government, contravenes any such provision of,
or any such rule made under, the Arms Act, 1959 (54 of 1959), the Indian Explosives Act, 1884 (4 of
1884), the Explosive Substances Act, 1908 (6 of 1908), or the Inflammable Substances Act, 1952 (20
of 1952), as may be notified in this behalf by the State Government,
he shall, notwithstanding anything contained in any of the aforesaid Acts or rules made thereunder, be
punishable with imprisonment for a term which may extend to five years, or, if his intention is to assist
any country committing external aggression against India, or, to wage war against India, with death,
imprisonment for life or imprisonment for a term which may extend to ten years and shall in either case
also be liable to fine.
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(3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to
abet, or does any act preparatory to, a contravention of any provision of any law, rule or order shall be
deemed to have contravened that provision.
6. Temporary amendments to Acts.—During the continuance in force of this Act,—
(1) the Indian Official Secrets Act, 1923 (19 of 1923) shall have effect as if—
(a) in sub-section (1) of section 5 thereof, after the words “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 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:—
“(4) A person guilty of an offence under this section shall be punishable with
imprisonment for a term which may extend to five years, or if such offence is committed with
intent to assist any country committing external aggression against India or to wage war
against India, with death or imprisonment for life or imprisonment for a term which may
extend to ten years and shall in either case also be liable to fine.”;
1* * * * *
(2) the Aircraft Act, 1934 (22 of 1934) shall have effect as if—
(a) at the end of clause (r) of sub-section (2) of section 5, the following words had been
inserted, namely:—
“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 has been
contravened, to rectify, or to enable proceedings to be taken in respect of, such
contravention.”;
(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 sub-section (2) of section 5, or the commission of an offence
punishable under section 11,” had been substituted;
(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, letters and figures “clause (i) of sub-section (2) of
section 5” the words, brackets, letters and figures “clause (c), (d), (e), (h), (i), (j), or (k) of
sub-section (2) of section 5 or punishable under section 11” had been substituted; and
(e) section 14 had been omitted;
(3) the Payment of Wages Act, 1936 (4 of 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 registered trade union of which the employed person
is a member on such conditions as may be prescribed,
for contribution to the National Defence Fund or to any Defence Savings Scheme approved by
the State Government;”;
1. Sub-clause (c) omitted by Act 24 of 1967, s. 13 (w.e.f. 10-7-1968).
11
(4) the Motor Vehicles Act, 1939 (4 of 1939) (in this clause referred to as the “said Act”) shall
have effect subject to the following provisions, 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—
(i) also to perform such functions of the State Government under Chapter IV (in this
clause referred to as the “said Chapter”) of the said Act, other than the making of rules as
may be specified in the notification; and
(ii) to perform to the exclusion of the State Transport Authority or Regional Transport
Authority, as the case 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;
and the expression “proper authority” in this clause shall, in relation to the performance of any
such function as aforesaid, be construed in accordance with the provisions of such notification, if
any, relating to that function;
(b) notwithstanding anything to the contrary in section 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 or for the period of operation of this Act, whichever is less;
(c) the State Government may, by general or special 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 procedure laid down in section 57 of the said Act, and may
take into consideration an application for a stage carriage permit or a public carrier’s permit
which has not complied with the provisions of sub-section (2) of that section.
(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 where
such action is taken for the purpose of preventing the charge of excess 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 the said Act, the proper authority may,
if in its opinion the public interest so requires, cancel, or modify the conditions of, or suspend for
such period as it thinks fit, any permit or counter-signature under the said Chapter which is valid
in its jurisdiction;
(e) the Central Government or the State Government may, by general or special order in
writing exempt from all or any of the provisions of the said Chapter any transport vehicle used or
required for use in connection with any work or purpose declared by the Central Government or,
as the case may be, the State Government in the order to be a work or purpose connected with the
defence of India, the conduct of military operations or civil defence;
(f) if the State Government by general or special order in writing so directs, the provisions 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.
Explanation.—In this clause “controlled motor vehicle” means any motor vehicle declared by
the Government to be a controlled motor vehicle by order made in this behalf.