Section 6

Amendment status not verified — confirm the current text below against the official source.

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 [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 [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 subsection (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 [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 subclauses (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 [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.'. Inserted by Act 32 of 1975, Section 6. Inserted by Act 32 of 1975, Section 6. Inserted by Act 32 of 1975, Section 7. Inserted by Act 32 of 1975, Section 7.