Section 1. _

(5) the Indian Navy (Discipline) Act, 1934, shall have effect as i E for section 90 of the Naval Discipline Act as set forth in the Pirvt Scheduie to the fist named Act the followinq section had been substituted, namely :- " 90. (1) If any persoa who would not otherwise be subject to this Act enters into an engagement with the Central Government to serve His Majesty- - (a) in a particular ship, or - (bl in such particular ship or in such ships as the Officer Commanding the Indian Navy, or any officer empowered in this behalf by the Officer Commanding the Indian Navy, may from time to time determine, and agrees to become subject to this Act upon entering into the engagement, that person shall, so long as the engagement remains in force, and notwithstanding that for the time being he may not be serving in any ship, be subiect to this Act, and the provisions of this Act shall apply in relation to that person, as if, while subject to this Act, he belonged to His Majesty's navy and were borne on the books of one of His Majesty's ships in commission. (2) section 5 of the Indian Official Secrets Act, iwb 1923, shall have effect as `if-` X I X O ~ - (a) in sub-section (1) thereof, after the words " `in` his possession or control " the words " any information likely to assistothe enemy, as defined in the rules made under the Defence of India Act, 1939, or" had been inserted, and after the words f' in such a place " the words " or which relates to, or is used * (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 His Majesty's forces, 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 6, or punishable under section 11 " had heen s~~bstituted ; and (e) section 14 had been omitted ; and he shall, notmithstanding anything colltained in any of the aforesaid Acts or rules made thereunder, be pullishable with imprisonment for a term which may extend to five years, or, if his intention is to assist any State at war with His Majesty or to wage war against His Majesty, with death, transportation for life, or imprisonment for a term which may extend to ten years, and shall in eikher case also be liable to fihe. (3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of, a provision of any lam, rule or order, shall be deemed to have contravened that provision. (I) section 1 of the Geneva Convention Act, 1911,"' &all- have effect in British India as if, in sub-section (1) thereof, for the words " shall be liable on summary cuwvicLiuu lu a liue UOL exceeding k t 1 poun@s ", the words " shall be punishable with imprisonment for a term which may extend to six months and shall also be liable to a fine " had been substituted ; CHAPTER I. 1. (1) This Act may be called the Defence of India short title, Act. 1939. extent oommenoe (2). It extends to the whole of British India, a n d r g 2 : it spphes also(a) to British subjects and servants of the Crown in any part of India ; .(b) to British subjects who are domiciled in any part of India wherever they may be ; (c) in respect of the regulation and discipline of any naval, military or air force raked in 3 British India, to members of, and persona attached to, employed with, or following, that force, wherever they may be ; and once, and the . into force in LS the Central, icial Gazette, mtinuanca of ~onths there- , by notiicales as appear securing the the mainterosecuqion of ice8 e@tid i of theIpowers proqide for, nake 1 orders ng matters, i ,f `l3ii` Majesand @vent- lose ljkely to Cis yajesty's sty's \allies ; I prejuaice the Ti. Zdbjesty's ,per 4 t h the .de (otterwise )od fdith to Defence `of India.` - (b) accluisition, possession without lawful a,uthority or excuse and publicc,Liou of information likely to assist the enemy, - (c) contribution to, pa.rticip:;tion in, or assistance in, the floating oE loans raised by or on behalf of the enemy, and - (d) advance of money to, or contracts or coinmercial dealings with, the enemy, enemy ' subjects or persons residing, carrying on business, or. being, in enemy territory ; - (v) .preventing the spreading without lawful authority or excuse of false reports or the prosecution of any purpose-likely to cause disaffection or alarm, or to prejudice His Majesty's relations with foreign powers, or to promote feelings of cnmity and hatred between different classes of His Majesty's subjects ; - Explanutiolz.-To point out, without maliciou intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different classea - ' of His Majesty's subjects does not amount to promoting such feelings within th6 meaning of this clause. - `(ti)` requiring the publication of news and information ; - (uii) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the removal of persons from such areas ; - `(viii)` requiring any person or class of persons to comply wit11 a scheme of defence ; - (ix) ensuring the safety of ports, dockyards, lighthouses, lightships, aerodromes, railways, telegraphs, post offices, signalling apparatus and all other means of commlmication, sourcea of water-supply, works for the supply of water, gas or electricity and any other place or thing the protection of which is necwsary for the defence of British India ; - ( 5 ) the apprehension `1` (2) The Central Government may by order direct that, subject to such exceptions as may in particular cases be made by o? on behalf of the Officer Commanding the Indian Navy, persons of any such class as may be specifled in the order shall, while subject to this Act by virtue of this section, be deemed to be officers or petty officers, as - loses of this Act '' ontained in tQe cal Government VIII `of` 1838 ct, and on such Ict ceases to be nlnittee elected to exercise $he ,r the con%rol of Kingdom, 'the :y or expeaient n Tee Licensing t of the *United lance with such er, and the said U t f e m oj'lndia. - (b) ha.s for a total period of not less than three years exercised, whether continuously or not, the powers under the Code of Criminal Proccdnre, 1898 (hereafter in this Chapter referred to as the Code) of any one or more of the following, namely :- - `(i` j Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, - (4) punishable with death, tramportation or imprisonment for a term which may extend to seven years,- [Am `1` in custody of , xted of being .cted, acting or ner prejudicial `j` rest or to the / prohibition of; or residing or; bhe compelling! remain in an$ n doing, anyj- l ing, departildg India, and pf British India ; ic, and the $se ignals, in pdrts ~d waters ; ; reign vess& ; t equipme& of 1 by the 4 e ~ t r a l of ensmink the s therein/; and shipjardB Defence `of` Zdh. - (m) the cont.ro1 of any trade or industry for the purpose of reglllating or increasing the supply of, and the obtaining of infori~lation with regard to, articles or things of any description whatsoever which can be used in connection with the conduct of war or for maintaining supplies and services essential `to` the life of the community ; - ( ~ ensuring the ownership and control of mines ) by British subjects ; - `(ki)` controlling the use or disposal of, or dealings in, coin, bullion, securities or foreign exchange ; - (miii) the cont~ul of any road or pathway, waterway, ferry or bridge, river, canal or other source of water-supply ; - `( X X ~ V )` the requisitioning of any property, movable or immovable, inclnding the taking possession thereof and the issue of any ordera in respect thereof ; - (m) prohibiting or regulating the possession, use or disposal of-- - (a) explosives, inflammable substances, a m and ammunitions of war, - (b) vessels, - (c) wireless telegraphic apparatus, - (d) aircraft, and - (e) photographic and signalling apparatus and any means of recording information ; ,' - (m') applying the prov$ions of the Sea `Customs` Act, 1878, and in particular section 19 thereof, to the prohibition or restriction of the import or export of goods to a particular person or a particular class of persons ; - ( ~ t i i ) prohibiting or regulating the bringing into, or taking out of, British India and the possession, use or transmission of ciphers and 3 other secret means of communicating information ; - (m'ii) prohibiting or regulating the publication of inventions and designs ; - (m'x) preventing the disolosure of o5cial secretg ; - ( W X ) prohibiting J tny use, calculic safety, the c, the defence :ution of war, ;igni,a and ' of any report or f any person ; ised change of . to cause rnisidentity of any lent or official identity of any purporting to person, official 3f, any P!BCB g used for any iblic safety or citish India or rar, and for the ng found there )eing used for , Defeplce `of` India. - (iv) confer power and impose duties- - (a) upon the Central Government or officers and authorities of the Central Government as respects any matter, notwithstanding that that matter is one in respect of which the Provincial Legislature also has power `to` make laws, and - (b) upon any Provincial Government or officers and authorities of any Provincial Government as respects any matter notwithstanding that that matter is one in respect of which the Provincial Legislature has no power to make laws ; - `(v)` prescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or securing the observance of, the rules ; - `(vi)` provide for preventing obstruction and deception of, and disobedience to, any person acting, and interference with any notice issued, in pursuance of the rules ; - ing any of the rules ; - `(viii)` empower or direct any authority to take such action as may be specified in the rules or as may seem necessary to such authority for the purpose of ensuring the public safety or interest or the defence of British India ;