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Report No. 43

7.32. Definition of "prohibited place" analysed.-

The definition in section 2(8) covers four classes of places. Clause (a) relates to certain works, which, broadly speaking, comprise works of defence or establishments relating to the armed forces, mines, military communications and the like, and factories etc., used for manufacturing munitions of war. The works, establishments, mines, communications and factories etc., must belong to or be occupied by the Government, under clause (a). Clause (b) covers any place not belonging to Government, where any munitions of war or any sketches, models, plans or documents relating thereto are being made, repaired, gotten, or stored, under contract with, or with any person on behalf of, Government or otherwise on behalf of Government.

Clause (c) covers any place belonging to or used for the purpose of Government, which is for the time being declared by the Central Government by notification in the Official Gazette, to be a prohibited place for the purposes of the Act, on the ground that information with respect thereto, or damage thereto, would be useful to an enemy1.

Clause (d) covers a railway, road etc., or other means of communications by land or water or any place used for gas, water or electricity or other public works etc., or a place where munitions of war etc., are being made etc., otherwise than on behalf of Government, which is for the time being declared by the Central Government by notification to be a prohibited place, on the ground that information with respect thereto, or the destruction or obstruction thereof, would be useful to an enemy2.

1. The clause requires that a copy of the notification should be affixed to the place so notified.

2. The definition of 'sketch' is proposed to be included in the general definitions applicable to the whole Act.



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