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Defence and Internal Security of India Act, 1971
(1) This Act may be called the Defence 1[and Internal Security] of India Act, 1971.
(2) It extends to the whole of India and it applies also--
(a) to citizens of India outside India;
(b) to persons in the service of the Government, wherever they may be;
(c) in respect of the regulation and discipline of the naval, military and air forces or any other armed forces of the Union, to members of, and persons attached to, employed with, or following, those forces, wherever they may be;
(d) to, and to persons on, ships and aircraft registered in India, wherever they may be.
(3) It shall come into force at once and 2[shall, subject to the provisions of the Defence of India (Amendment) Act, 1975, remain in force during the period of operation of the Proclamation of Emergency issued on the 3rd day of December, 1971] and for a period of six months thereafter, but its expiry under the operation of this subsection shall not affect--
In this Act, unless the context otherwise requires,--
(a) "civil defence" has the same meaning as in clause (a) of Section 2 of the Civil Defence Act, 1968 (27 of 1968);
(b) "enemy" means--
(i) any person or country committing external aggression against India;
(ii) any person belonging to a country committing such aggression;
(iii) such other country as may be declared by the Central Government to be assisting the country committing such aggression;
(iv) any person belonging to such other country;
(c) "enemy territory" means--
(i) any area which is under the sovereignty of a country referred to in sub-clause (i), or a country referred to in subclause (iii), of clause (b) of this section;
(ii) any area which the Central Government may, by notification in the Official Gazette, specify to be enemy territory for the purposes of this Act or any rule made thereunder;
(d) "military operations" means the operations of th
(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, 1[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
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.
(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, notwithstandi
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 1[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 2[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 deat
(1) The State Government may, for the whole or any part of the State, constitute one or more Special Tribunals which, or each of which shall consist of three members appointed by that Government.
(2) No person shall be appointed as a member of a Special Tribunal unless he--
(a) is qualified under clause (2) of Article 217 of the Constitution for appointment as a Judge of a High Court; or
(b) has for a total period of not less than three years exercised, whether continuously or not, the powers under the Code of Criminal Procedure, 1898 (5 of 1898) (hereafter in this Chapter referred to as the Code) of any one or more of the following, namely:--
(i) Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency Magistrate,
(ii) District Magistrate, Additional District Magistrate.
(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under clause (a) of sub-section (2), and
During the period during which the Proclamation of Emergency is in operation, the State Government may, by general or special order, direct that a Special Tribunal shall try any offence--
(a) under any rule made under Section 3, or
(b) punishable with death, or imprisonment for life or imprisonment for a term which may extend to ten years under Section 5 of this Act or under sub-section (4) of Section 5 of the Official Secrets Act, 1923 (19 of 1923), as amended by Section 6 of this Act, triable by any court having jurisdiction within the local limits of the jurisdiction of the Special Tribunal and may, in any such order, direct the transfer to the Special Tribunal of any particular case from any other Special Tribunal or any other criminal court not being a High Court.
(1) A Special Tribunal may take cognizance of offences without the accused being committed to it for trial.
(2) Save in cases of trials of trials of offences punishable with death or imprisonment for life or imprisonment for a term which may extend to five years or more, it shall not be necessary in any trial for a Special Tribunal to take down the evidence at length in writing, but the Special Tribunal shall cause a memorandum of the substance of what each witness deposes, to be taken down, and such memorandum shall be signed by a member of the Special Tribunal and shall form part of the record.
(3) A Special Tribunal shall not be bound to adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.
(4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and to re-hear any witness who has given evidence, and it may act on the evidence already recorded by or produce
In addition, and without prejudice, to any powers which a Special Tribunal may possess by virtue of any law for the time being in force to order the exclusion of the public from any proceedings, if at any stage in the course of a trial of any person before a Special Tribunal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Special Tribunal may make an order to that effect, but the passing of the sentence shall in any case take place in public.
A Special Tribunal shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction.
(1) A Special Tribunal may pass any sentence authorised by law.
(2) A person sentenced by a Special Tribunal--
(a) to death or imprisonment for life, or
(b) to imprisonment for a term of five years or more,
under this Act or the rules made thereunder or under sub-section (4) of Section 5 of the Official Secrets Act, 1923 (19 of 1923), as amended by Section 6 of this Act, shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but save as aforesaid and notwithstanding the provisions of the Code, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a Special Tribunal and no court shall have authority to revise such order or sentence, or to transfer any case from a Special Tribunal, or to make any order under Section 491 of the Code, or have any jurisdiction of any kind in respect of a
In this Chapter, unless the context otherwise requires,--
(a) "employment in the national service" means employment in a notified establishment in pursuance of an order passed under Section 17;
(b) "employer" means any person who employs technical personnel to do any work in an establishment and includes any person entrusted with the supervision and control of technical personnel in such an establishment;
(c) "establishment" means--
(i) any office, or
(ii) any place where any industry, trade, business or occupation is carried on; and includes any technical institution or training centre established, selected or approved by the Central Government;
(d) "National Service Tribunal" means a Tribunal constituted under Section 15;
(e) "notified establishment" means any Government establishment, any establishment belonging to a corporation owned, controlled or managed by the Government and any establishment declared by notification under sub-
All technical personnel, being citizens of India and not being members of the Armed Forces of the Union or members of any Reserve of any such Force who are liable, under the terms of their service in such Reserve, to be called up for service at any time not only on partial or general mobilisation, shall be liable under this Chapter to undertake employment in the national service.
(1) The Central Government shall constitute, for such areas and in such places as it thinks fit, National Service Tribunals to exercise the functions assigned to such Tribunals by or under this Chapter.
(2) The composition, powers and procedure of National Service Tribunals shall be such as may be prescribed.
(1) The Central Government may, by notification in the Official Gazette, declare any establishment, which is engaged in work which, in the opinion of the Central Government, is likely to assist the defence of India and civil defence, 1[the internal security,] the efficient conduct of military operations, or the maintenance or increase of supplies and services essential to the life of the community, to be an establishment engaged in work of national importance and thereupon such establishment shall be a notified establishment and while making such declaration, the Central Government may require that establishment to make such provisions as may be specified in the notification in regard to the terms of service and conditions of work of its employees.
(2) Every notified establishment shall be eligible to apply to a National Service Tribunal or to the Central Government for technical personnel and having so applied, shall take into its employment such technical personn
(1) Subject to any rules made in this behalf under this Chapter, the Central Government may require a National Service Tribunal to report what technical personnel, whether employed in an establishment or not, is available within its jurisdiction for employment in the national service and may by order in writing,--
(a) require the employer in any establishment by which such technical personnel is employed to release such personnel as may be specified in the order, for employment in the national service;
(b) direct any technical personnel to undertake such employment in the national service as may be specified in the order;
(c) direct than any technical personnel engaged in any establishment under conditions not amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed to have been taken into employment in the national service; and
(d) require any notified establishment, notwithstanding that it has not made any ap
(1) Every person who was employed in an establishment immediately before his employment in the national service and whose employment in the national service has not been terminated by dismissal for serious misconduct shall, on his release from such employment in the national service, be entitled to be reinstated in his former employment, in accordance with such conditions as may be prescribed:
Provided that in determining such conditions regard shall be had to the additional skill and experience acquired by him in the course of his employment in the national service.
(2) The Central Government may by rules made in this behalf provide for the appointment of Technical Personnel (Re-instatement) Tribunals to deal with such matters in relation to re-instatement of persons released from employment in the national service as may be prescribed.
(1) Subject to any rules made in this behalf, a National Service Tribunal may require any establishment (including a notified establishment) to post before a specified date and to keep posted, on its premises notices intimating that--
(a) no person included within the definition of technical personnel who is employed in the establishment shall at any time after the posting of the notice, leave his employment without the previous permission in writing of the National Service Tribunal;
(b) if the National Service Tribunal refuses such permission, that Tribunal may lay down, subject to the prescribed conditions the terms of service on which the employer shall continue to retain him in employment;
(c) if any such person leaves his employment without the previous permission in writing of the Tribunal as aforesaid he may be directed by the Tribunal to return to his employment.
(2) After notices referred to in sub-section (1) have been posted on the premises of
(1) Whoever contravenes any order of the Central Government or of a National Service Tribunal made under Section 17 or wilfully fails to comply with any summons, requirement, direction or order issued or made by the Central Government or by a National Service Tribunal under any other provision of this Chapter shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.
(2) No court shall take cognizance of any offence punishable under sub-section (1) except with the previous sanction in writing,--
(a) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of the Central Government, of the Central Government;
(b) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of an National Service Tribunal, of the National Service Tribunal.
(3) Notwithstanding anythin
Any summons, notice, requirement, direction or order issued, made or given to any person under this Chapter may be served by being sent by registered post addressed to that person at his last known residence.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules any prescribe--
(a) the occupations which shall be notified occupations for the purposes of this Chapter;
(b) the composition, powers and procedure of National Service Tribunals;
(c) the technical personnel, which may be taken into the employment of any notified establishment under sub-section (2) of Section 16 and the period within which and the terms and conditions on which such personnel shall be so taken;
(d) the medical authority before whom any person may be required to submit himself for examination under sub-section (6) of Section 17;
(e) the terms of service of technical personnel taken into employment in the national service;
(f) the conditions in accordance with which persons released from employment in the national servi
(1) Notwithstanding anything contained to any other law for the time being in force, if in the opinion of the Central Government or the State Government it is necessary or expedient so to do for securing the defence of India, civil defence, 1[internal security,] public safety, maintenance of public order or efficient conduct of military operations, or for maintaining supplies and services essential to the life of the community, that Government may by order in writing requisition any immovable property and may make such further orders as appeal to that Government to be necessary or expedient in connection with the requisitioning:
Provided that no property or part thereof which is exclusively used by the public for religious worship shall be requisitioned.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Central Government or the State Government, as the case may be, to be the owner or person in possession of t
Whenever in pursuance of Section 23, the Central Government or the State Government, as the case may be, requisitions any immovable property, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:--
(i) the rent payable in respect of the property or if no rent is payable, the rent payable in respect of similar property in the locality;
(ii) if in consequence of the requisition of the property the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;
(iii) such sum or sums, if any, as may be found necessary to compensate the person interested for damage caused to the property on entry after requisition or during the period of requisition, other than normal wear and tear:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an
The Central Government or the State Government, as the case may be, may, with a view to requisitioning any property under Section 23 or determining the compensation payable under Section 24, by order--
(a) require any person to furnish to the authority mentioned therein such information in his possession relating to any property as may be specified;
(b) direct that the owner, occupier or the person in possession of the property shall not, without the permission of Government, dispose of it or where it is a building, structurally alter it till the expiry of such period as may be specified in the order.
Any person authorised in this behalf by the Central Government or the Sate Government, as the case may be, may enter into any immovable property and inspect such property for the purpose of determining whether, and if so in what manner, an order under Section 23 should be made in relation to such property or with a view to securing compliance with any order made under that section.
(1) Any person remaining in possession of any requisitioned property in contravention of any order made under Section 23 may be summarily evicted from the property by any officer empowered in this behalf by the Central Government or the State Government, as the case may be.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
If any person contravenes any order made under Section 23 or Section 25, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(1) Where any property requisitioned under Section 23 is to be released form such requisition, the Government by which or under whose authority the property was requisitioned or any person generally or specially authorised by it in this behalf may, after such inquiry, if any, as it or he may in any case, consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person who appears to the Government or, as the case may be, the person authorised as aforesaid, to be entitled to the possession of the property at the time such order is made.
(2) The delivery of possession of the property to the person specified in the order under sub-section (1) shall be a full discharge of the Government from all liabilities in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by
(1) Any immovable property which has been requisitioned under Section 23 may in the manner hereinafter provided, be acquired in the circumstances and by the Government specified below, namely:--
(a) where any works have, during the period of requisition, been constructed on, in or over the property wholly or partly at the expense of any Government, the property may be acquired by that Government if it decides that the value of or the right to use, such works shall, by means of the acquisition of the property, be preserved or secured for the purposes of any Government, or
(b) where the cost to any Government of restoring the property to its condition at the time of its requisition as aforesaid would, in the determination of that Government, be excessive having regard to the value of the property at that time, the property may be acquired by that Government.
(2) When any Government as aforesaid decides to acquire any immovable property, it shall serve on the owner
(1) The compensation payable for the acquisition of any property under Section 30 shall be the price which the requisitioned property would have fetched in the open market if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition.
(2) Where any person interested in aggrieved by the amount of compensation determined in accordance with sub-section (1), he may make an application within the prescribed time to the Central Government or the State Government, as the case may be for referring the matter to an arbitrator appointed in this behalf by the Central Government or the State Government, and the amount of compensation to be paid shall be such as may be determined by the arbitrator in accordance with sub-section (1).
(3) The provisions of Section 25 and Section 26 shall apply in relation to the acquisition of any property or the determination of compensation for such acquisition as they apply in relation to
(1) The Central Government or the State Government, as the case may be, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may prescribe--
(a) the procedure to be followed in arbitration proceedings under this Chapter;
(b) the period within which the owner of any property or any other person interested in the amount of compensation may apply to the Government concerned for referring the matter to an arbitrator;
(c) the principles to be followed in apportioning the costs of proceedings before the arbitrator;
(d) the method of payment of compensation;
(e) the manner of service of notices and orders;
(f) any other matter which has to be, or may be, prescribed.
Any property referred to in sub-section (1) of Section 25 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), which continued to be subject to requisition under the said Act and has not, immediately before the commencement of this Act, been released from requisitioning shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be the property requisitioned under sub-section (1) of Section 23 if such property is, in the opinion of the Central Government, now required for any of the purposes specified in that sub-section:
Provided that--
(a) all determinations, agreements or awards for the payment of compensation in respect of any such property for any period of requisition before the commencement of this Act and in force immediately before such commencement, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period after such commenceme
(1) The Central Government may, by order, direct that any power or duty which by this Act or by any rule made under this Act 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--
(a) by any officer or authority subordinate to the Central Government, or
(b) whether or not the power or duty relates to a matter with respect to which a State Legislature has power to make laws, by any State Government or by any officer or authority subordinate to such Government, or
(c) by any other authority.
(2) The State Government may, by order, direct that any power or duty which by this Act or by any rule made under this Act is conferred or imposed on the State Government or which, being by this Act or any such rule conferred or imposed on the Central Government has been directed under sub-section (1) to be exercised or discharged by the S
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) Except as may be provided in this Act or in any rule made thereunder or in any order made under any such rule by the Central Government or the State Government or by any officer not below the rank of Collector empowered under sub-section (1) or sub-section (2) of Section 34 to make such order, the ordinary criminal and civil courts shall continue to exercise jurisdiction.
(2) For the removal of doubts, it is hereby declared that any provision in any such rule or order as aforesaid to the effect that the decision of any authority not being a court shall be final or conclusive shall be a sufficient excepting provision within the meaning of sub-section (1).
The provisions of this Act or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
Any authority or person acting in pursuance of this Act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest 1[, the defence of India and civil defence and the internal security].
(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any court.
(2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act a court shall, within the meaning of the Indian Evidence Act, 1872 (1 of 1872), presume that such order was so made by that authority.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder or any orders issued under any such rule.
(2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rule made thereunder or any order issued under any such rule.
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