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Report No. 38

Appendix VI

Emergency Provisions in Central Acts

Act

Section

Gist

Whether the expression "emergency" used

(1) The Police Act, 1861 (5 of 1861). Section 15 Empowers the State Government by proclamation , to declare that any are is in a "disturbed or dangerous", state There upon, additional police force can be employed and the District Magistrate may recover that costs from the inhabitants. Expression "Emergency" not used.
(2) The India Telegraph Act, 1885 (13 of 1885) Section 5(1) and 5(2) Empowers the Central or State Government or any officer authorised by either,-

(a) to take possession of a telegraph, or
(b) to intercept, detain or disclose to the Government etc. Telegraph messages, in case of public emergency. Government's certificate as to public emergency"1 is final.
Expression "public emergency" is used, in section 5.
(3) Railways Act, 1890 (9 of 1890). Section 27A Central Government may, in the public interest direct a railway to give special preference for transporting certain goods. Word "Emergency" not used.
(4) The Epidemic Diseases Act, 1897 (3 of 1897). Section 2 and 2A Section 2 empowers the State Government, and section 2A empowers the Central Government, to take (or empower any person to take) measures to prevent the out-break of a dangerous epidemic, when it thinks that the ordinary provisions of the law are insufficient for the purpose. (The Central Government's power is confined to ships, etc.). Word "Emergency" not used
(5) The Land Acquisition Act, 1894 (1 of 1894). Section 17 See Somawanti v. State, AIR 1963 SC 151(171), (Mudholkar J's Judgment) Expression "emergency" is used in section 17. See the case law summarised in Abdul Jabbar v. State f West Bengal, (1966) 71 CWN 129 (137).
(6) The Code of Criminal Procedure 1898) (5 of 1898). Section 144 Empowers the Specified Magistrate to pass orders for prevention of any obstruction, injury or danger to human life or property, etc. In case of emergency, the order may be pasted ex parte. Word "Emergency" use in section 144(2).
(7) The Indian Post Office Act, 1898 (6 of 1898). Section 26 Empowers the Central Government, State Government or any officer specially authorised In this behalf by the Central of State Government, to intercept, detain and dispose of any postal article in "public emergency" Word "public emergency" used in section 26.
(8) The India Works of Defence Act, 1993 (7 of 1903). Section 6(3) Empowers to Central Government in case of emergency, to declare that all or any of the powers conferred by sub-section (1) may be exercised any time within six months after the publication of the notice under section 3(2). Such notification shall be conclusive proof of the emergency. (i) Word "Emergency" used in section 6(3).
(ii) Also makes the notification conclusive prof of emergency.
(9) The Indian Ports Act, 1908 (15 of 1908). Section 68B, (read with section 68A). Empowers the Central Government to authorise any officer to require the authorities, during the existence of emergency, to perform specified duties for carrying out any manoeuvres in connection with any scheme for the defence of the said port in the time of War. Word "Emergency" use in section 68B.
(10) The Indian Boilers Act, 1923 (5 of 1923). Section 34(2) Empowers the State Government, in case of emergency, to exempt (by general or special order in writing) any boilers or steam pipes from the operation of all or any of the provisions of the Act. Word "Emergency" use in section 34.
(11) The Indian Officials Secrets Act, 1923 (19 of 1923). Section 11(2). Empowers a Police Officer, not below the rank of Superintendent, to empower another police officer in the case of great emergency or in the interest of State, to exercise the powers of search or entry, etc., which normally is conferred by the Magistrate on a Police Officer not below the ran of the Officer- in- charge of a police station under section 11(1) of the said Act. Emergency" used in section 11(2),
The Indian Soldiers (Litigation) Act, 1925 (4 of 1925). Provision of the entire Act. Provides for suspension of legal proceedings or execution of decrees of any Court of law, where the opposite party is a soldier serving under special or war conditions. Expression "Emergency"not used. Use of the Act is contemplated only war, etc.
(13) The Indian Lighthouses Act, 1927 (27 of 1927). Section 7(1),7(2) and Proviso. Control of light houses. Under section 7(2), Proviso, a local lighthouse authority may, in "emergency" , take suitable action.
(14) The Criminal Law Amendment Act, 1932(23 of 1932). Section 10 Empowers the State Government to make certain offences cognizable temporarily. Word "Emergency" not used, except in headnote to section 6.
(15) The Indian Aircraft Act, 1934 (22 of 1934). Head note to section 6. "Power of Central Government to make order in emergency." Section 6 empowers the Central Government, in the interest of public safety or tranquility, to order, by a notification In the gazette, the cancellation of any license or certificate, the regulation of flights of aircraft, erection of aerodromes etc. Disobedience of such order is punishable with three years imprisonment, or fine or both. Word "Emergency" use in headnote to section 6.
Section 8B Headnote. "Emergency power for protecting public health." Power to take measures to prevent epidemics. "Emergency" used in the headnote.
(16) The Indian Traffic Act, 1934 (32 of 1934). Section 4A. Emergency power of the Central Government, to increase or levy export duties by notification in the Gazette, even if the article is not included in the Second Schedule. However the notification is to be laid before the Parliament, if sitting, soon after, and if not sitting, within 7 days of its reassembly. Expression "emergency" used in the marginal note to section 4A.
(17) Armed Forces (Emergency Duties Act, 1947 (15 of 1947). Preamble, long title,-short title,and section 2. Under section 2, the Central Government may (temporarily) declare any specific service to be of vital importance to the community. There­after, it is the duty of a member of the armed forces to obey a command in relation to employment in that service. Word "Emergency", used in preamble, long title and short title.
(18) Trading with the Enemy (Continuance of provisions) Act, 1947 (16 of 1947). Heading, title and sections 2(1), 72(2). Seeks to extend the provisions of the Defence of India Rules, 1939 (made under the Act of 1939), relating to the control of trading with States at war (and persons etc. belonging to States at war), with the Government of India, and the custody of property belonging to them, even after the expiry of the Defence of India Act, 1939 and of the Emergency Pro­visions (Continuance) Ordinance, 1946. Expression "emergency" used in the title of this Act, and in the previous Ordinance.
(19) The Factories Act, 1948 (63 of 1948). [Cf. sec­tion 150(1), Factories Act, 1937 (English)] Section 5. Empowers the State Government to exempt (by notification, etc.) any factory or class of factories from all or any provisions of the Act, in case of public emergency, for a specified period not exceeding 3 months at a time. The expression public emergency is used in section 5.
(20) The Represenation of the People Act, 1951 (43 of 1951). Section 57. Empowers the President Officer to adjourn the poll in case of riot or violence or natural calamity or an sufficient cause on account of which it is not possible to hold the poll "Emergency" used in the marginal note.
(21) Railway Companies (Emergency Provisioins) Act, 1951 (51 of 1951). Title and section 3. Empowers the Central Government to appoint director in a Railway Company, where a situation has arisen in the affairs of a Railway Company which has pre-judicially affected the convenience of per­sons using the railway or has caused serious dislocation in any trade or industry using the railway, or has caused serious un­employment amongst a section of the com­munity, or when, in the opinion of the Central Government, it is necessary to take the management of the company in the national interest. Word "Emergency" used in the short title
(22) The Mines Act, 1952 (35 of 1952). Section 39(a) Empowers the Central Government make rules providing for exemption of all persons except adolescents from the provisions of sections 20, 30, 31, 34 or 36(5) in case where an emergency involving serious risk to the safety of the mine or of persons employed therein is apprehended. "Emergency" used in section 39(a).
(23) The Life Insurance (Emergency Provision) Act, 1956 (9 of 1956). Preamble and title Provides for taking over, in the public interest, of the management of life insurance business pending nationalisation thereof. The word "Emergency" used in the short title.
(24) The Arms Act, 1959 (54 of 1959). Section 17(9). Central "Government " may revoke all arms licences. Not used.
(25) The Defence of India Act, 1962 (51 of 1962). Preamble and section 1(3). Preamble refers to the "Proclamation of Emergency".Section1(3) limits the duration of the Act to the Emergency and six months thereafter. The "Proclamations of Emergency"referred to.
(26). The Personal injuries (Emergency Provision) Act, 1962 (59 of 1962). Preamble , title and section 2(5). Empowers to Central Government to make a scheme for the grant of relief in respect of injuries sustained during the period of emergency, by certain persons. Word "emergency" used, in short title.
(27) The Emergency Risks (Goods) Insurance Act, 1962 (63 of 1962) Preamble, title and sections 1(b),5(1),2, 9 and 10. Makes provisions for insurance of good in Indian against damage by enemy action during the period of emergency. Word "Emergency" use I short title.
(28) The Emergency Risks (Factories) Insurance Act, 1962 (63 of 1962). Preamble, title & section 1(3), 2, 3, 4, 5, 6, 7, and 8 Makes provisions for insurance of certain property, like factories and their buildings, against damage by enemy action, during the period of emergency. Word "Emergency use I short title.
(29) The Major Port Trusts Act, 1963 (38 of 1963). Section 90. The Board under Act is empowered to set apart funds for different purposes, including for a emergency arising in the ordinary conduct of work under this Act. Use in the body of section 90.


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