Defence and Internal Security of India Act, 1971- Sections 3 to 6

Chapter 2

EMERGENCY POWERS

3. Power to make rules.

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,  [i][the internal security,] 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 of the Armed Forces of the Union, ships and aircraft, 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.

Other Contents of Defence and Internal Security of India Act, 1971​
Sections 1 to 2
Sections 3 to 6
Sections 7 to 22
Sections 23 to 40

(4) preventing or prohibiting anything likely to assist the enemy or to prejudice the successful conduct of military operations  [ii][, civil defence or internal security] 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;

(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  [iii][, internal security] 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,  [iv][the internal security,] 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  [v][or any scheme for the prevention of internal disturbance];

(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 undertaking 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

(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,  [vi][the internal security,] 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 persons entering, travelling in, or departing from, India;

(14) restricting and regulating the charter of foreign vessels and aircraft;

(15) regulating the structure and equipment of vessels for the purpose of ensuring the safety thereof and of persons therein;

(16) regulating work in dockyards, shipyards and aerodromes in respect of the construction and repairs of vessels and aircraft;

(17) 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;

(18) the impressment of vessels, aircraft, vehicles and animals, for transport;

(19) 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;

(20) regulating the delivery otherwise than by postal or telegraphic service of postal articles and telegrams;

(21) 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  [vii][or for internal security] or for maintaining supplies and services essential to the life of the community;

(22) the control of generation, supply, distribution, use or consumption of electrical energy;

(23) 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;

(24) 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;

(25) the provision, storage and maintenance of commodities and things required for the conduct of military operations of for the defence of India and civil defence  [viii][or for internal security];

(26) the requisition of services of persons for maintaining supplies and services essential to the life of the community;

(27) 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  [ix][or for internal security];

(28) prohibiting, restricting or 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 Customs Act, 1962 (52 of 1962), and in particular Section 11 thereof to such prohibitions, restrictions and regulations;

(29) controlling the possession, use or disposal of, or dealing in, coin, bullion, bank notes, currency notes, securities or foreign exchange;

(30) the control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water supply;

(31) the requisitioning and acquisition of any movable property; and the principles on which and the manner in which compensation shall be determined and given in respect of such requisitioning or acquisition;

(32) the prevention of any corrupt practice or abuse of authority or other mala fide action in relation to the production, storage, purchase, sale, supply or transport of goods for any purpose connected with the defence of India and civil defence,  [x][the internal security] the efficient conduct of military operations or the maintenance of supplies and services essential to the life of the Community;

(33) the prevention of hoarding, profiteering, 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;

(34) prohibiting or regulating the possession, use or disposal of—

(a) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunitions of war;

(b) vessels;

(c) wireless telegraphic apparatus;

(d) aircraft; and

(e) photographic and signalling apparatus and any means of recording information;

(35) prohibiting or regulating the bringing into, or taking out of, India and the possession, use or transmission of ciphers and other secret means of communicating information;

(36) prohibiting or regulating the publication of inventions and designs;

(37) prohibiting or regulating the publication of results of research work having a bearing on efforts relating to defence of India or military operations;

(38) preventing the disclosure of official secrets;

(39) prohibiting or regulating meetings, assemblies, fairs and processions;

(40) preventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything similar thereto, where such use is calculated to deceive or to prejudice the public safety, the maintenance of public order, the defence of India and civil defence  [xi][or the internal security];

(41) ensuring the accuracy of any report or declaration legally required of any person;

(42) preventing the unauthorised change of names;

(43) preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property or in respect of the identity of any person, document or property purporting to be, or resembling, an official person, official document or official property;

(44) the accommodation in any area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in such area;

(45) the billeting of evacuated persons or persons authorised to exercise functions under this Act;

(46) the entry into, and search of, any place reasonably suspected of being used for any purpose prejudicial to the public safety or interest, to the defence of India and civil defence  [xii][, to the internal security] or to the defence of India and civil defence or to the efficient conduct of military operations, and for the seizure and disposal of anything found there and reasonably suspected of being used for such purpose;

(47) the preparation of any scheme of defence service or any other service connected with the defence of India and requiring any person or class of persons to comply with such scheme;

(48) the eviction of unauthorised occupants from such public premises [as defined in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)] as are, in the opinion of the Central Government, required for the purposes connected with the defence of India and civil defence, the public safety or interest, the efficient conduct of military operations or the maintenance of supplies and services essential to the life of the community.

(3) The rules made under sub-section (1) may further—

(i) provide for the arrest and trial of persons contravening any of the rules or any order issued thereunder;

(ii) provide that any contravention of, or any attempt to contravene, or any abetment of, or any attempt to abet, the contravention of any of the provisions of the rules or any order issued under any such provision, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both;

(iii) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in clause (ii) has been committed and for the adjudication of such forfeiture whether by a court or by any other authority;

(iv) confer powers and impose duties—

(a) upon the Central Government or officers and authorities of the Central Government as respects any matter, notwithstanding that the matter is one in respect of which the State Legislature has power to make laws; and

(b) upon any State Government or officers and authorities of any State Government as respects any matter, notwithstanding that the matter is one in respect of which the State Legislature has no power to make laws;

(v) prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or securing the observance of, the rules or any order made thereunder;

(vi) provide for preventing obstruction and deception of, and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules or any order made thereunder;

(vii) prohibit attempts by any person to screen from punishment any one, other than the husband or wife of such person, contravening any of the rules or any order made thereunder;

(viii) empower or direct any authority to take such action as may be specified in the rules or as may seem necessary to such authority for the purpose of ensuring the public safety or interest or the defence of India and civil defence  [xiii][or the internal security];

(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.

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.

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 or imprisonment for life or imprisonment for a term which may extend to ten years and shall, in either case, also be liable to fine.

(3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any 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.

6. Temporary amendments to Acts.—During the continuance in force of this Act,—

(1) the Official Secrets Act, 1923 (19 of 1923), shall have effect as if,—

(a) in sub-section (1) of Section 5, after the words “in such a place,”, the words and figures “or which relates to or is used in, a protected area as defined in the rules made under the Defence  [xiv][and Internal Security] of India Act, 1971, or relates to anything in such area,” had been inserted; and after the words “an enemy”, the words and figures “as defined in the Defence  [xv][and Internal Security] of India Act, 1971,” had been inserted;

(b) for sub-section (4) of Section 5, the following sub-section had been substituted, namely :—

“(4) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to five years, or if such offence is committed with intent to assist any country committing external aggression against India or to wage war against India, with death or imprisonment for life or imprisonment for a term which may extend to ten years and shall, in either case, also be liable to fine.”;

(2) the Aircraft Act, 1934 (22 of 1934), shall have effect as if—

(a) at the end of clause (r) of sub-section (2) of Section 5, the following words had been inserted, namely :—

“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, letter 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, 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;”;

(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, by 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 in the said sub-section, the words “not being in any case more than two years or less than six months” and the proviso and the Explanation 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;

(5) the Civil Defence Act, 1968 (27 of 1968), shall have effect as if,—

(a) for sub-section (3) of Section 3, the following sub-section had been substituted, namely :—

“(3) Any rule made under sub-section (1) may provide that a contravention thereof or any order made or direction given thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both,”;

(b) in Section 11, sub-section (2) had been omitted;

(c) after Section 16, the following sections had been inserted, namely:—

“16-A. Power of the Central Government to delegate.—The Central Government may, by order, direct that any power or duty, which by this Act or any rule made thereunder is conferred or imposed upon the Central Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by any officer or authority subordinate to the Central Government.

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

(d) in Section 19, after the words “authorised by”, the words “the Central Government,” had been inserted;

(6) the Maintenance of Internal Security Act, 1971 (26 of 1971), shall have effect as if,—

(a) in sub-section (2) of Section 1, the words “except the State of Jammu and Kashmir” had been omitted and the following proviso had been inserted at the end, namely :—

“Provided that every person in respect of whom an order of detention made under the Jammu and Kashmir Preventive Detention Act, 1964 (J. K. Act 13 of 1964), is in force immediately before the commencement of the Defence  [xvi][and Internal Security] of India Act, 1971, shall continue to be governed by the provisions of that Act in respect of such detention as if this Act had not been extended to the State of Jammu and Kashmir.”;

(b) in Section 2, after clause (d), the following clause had been inserted, namely:—

“(e) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.”;

(c) in sub-section (2) of Section 3, for the words, brackets, figures and letter “may, if satisfied as provided in sub-clauses (ii) and (iii) of clause (a) of sub-section (1),”, the words, brackets and figure “may also, if satisfied as provided in sub-section (1),” had been substituted;

(d) in Section 13, after the words “from the date of detention”, the words and figures “or until the expiry of the Defence  [xvii][and Internal Security] of India Act, 1971, whichever is later” had been inserted;

(e) after Section 17, the following section had been inserted, namely:—

‘17-A. Duration of detention in cases of detention on certain grounds.—(1) Notwithstanding anything contained in the foregoing provisions of this Act, during the period of operation of the Proclamation of Emergency issued on the 3rd day of December, 1971, any person (including a foreigner) in respect of whom an order of detention has been made under this Act, may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding two years from the date of his detention in any of the following classes of cases or under any of the following circumstances, namely:—

(a) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India; or

(b) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order.

(2) In the case of any person to whom sub-section (1) applies, Sections 10 to 13 shall have effect subject to the following modifications, namely:—

(a) in Section 10, for the words “shall within thirty days”, the words “may, at any time prior to but in no case later than three months before the expiration of two years” shall be substituted;

(b) in Section 11,—

(i) in sub-section (1), for the orders “from the date of detention,” the words “from the date on which reference is made to it” shall be substituted;

(ii) in sub-section (2), for the words “the detention of the person concerned,” the words “the continued detention of the person concerned” shall be substituted;

(c) in Section 12, for the words “for the detention”, in both the places where they occur, the words “for the continued detention” shall be substituted;

(d) in Section 13, for the words “twelve months”, the words “three years” shall be substituted.’.

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