(1) If any person with intent to wage war against India or to assist any country committing external aggression against India, contravenes any provision of the rul^s made under section 3 or any order issued under anv 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.
Enhanced penalties.
(2) If any person,—-
(a) contravenes any such provision of or any such rule or order made under the Indian Aircraft Art, 1934 as may be notified in this behalf by the Central Government, or 22 of 1934
(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 or the Explosives Substances Act, 190R, as may be notified In this behalf bv the State Government.
54 of 1959.
4 of 1884.
0 of 1908.
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 veara, 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 mav extend to ten years and shall in either case also be liable to fine.
(3) For the purposes of this section, any person whe 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.
SM. 1] THE GAZETTE OF INDIA EXTRAORDINARY 327
6. During the continuance of this Ordinance,—
(1) the Indian Official Secrets Act, 1923 shall have effect as if— 19 of 1923.
Temporary amendments to Acts.
(a) in sub-section (I) of section 5 thereof, after the words 'in his possession or control', the words 'any information likely to assist the enemy, or' 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.";
(c) after clause (a) of section 12 thereof, the following clause had been'inserted, namely :— "(aa) an offence under section 5 shall be a cognizable and non-bailable offence;';
(2) the Indian Aircraft Act, 1934 shall have effect as if—22 of 1934.
(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 rule 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 and figures "clause (h) or clause (i) of subsection (2) of section 5", the words, brackets, figures and letters 'clauses (d), (e), (h), (i), (k) or (I) 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, figures and letters "clause (i) or clause (I) of sub-section (2) of section 5", the words, brackets, figures and letters "clauses (c), (d),
(e), (h), (i), (j), (k) or (I) of sub-section (2) of section 5 or punishable under section 11" had been substituted; and
(e) section 14 had been omitted;
328 THE GAZETTE OF INDIA'EXTRAORDINARY [FAHT H
(3) the Motor Vehicles Act, 1939 (in this clause reierred to 4 as the 'said Act') shall have effect subject to the following provisions, namely:— "(o) 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 not exceeding five years;
(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;
i of 1939.
SEC. 1] TttE GAZETTE OF INDIA EXTRAORDINARY 329
(e) 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 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 a motor vehicle to which the provisions of the Civil Motor Transport Vehicles Order, 1944 or any other substantially similar Order for the time being in force apply.".
CHAPTER n i CIVIL DEFENCE SERVICES