The Trading With The Enemy (Continuance Of Emergency Provisions) Act, 1947

The Trading With The Enemy (Continuance Of Emergency Provisions) Act, 1947

[ACT NO.16 OF 1947]

[20th March, 1947]

An Act to provide for the continuance of certain provisions of the Defence of India Rules relating to the control of trading with States, and persons and firms belonging to States at war with the Government of India, and the custody of the property belonging to them.

WHEREAS it is expedient to provide for the continuance of certain provisions of the Defence of India Rules relating to the control of trading with States, and persons and firms belonging to States at war with the Government of India, and the custody of the property belonging to them; It is hereby enacted as follows:––

 

2. Continuance of certain emergency provisions.

(1) Notwithstanding the expiry of the Defence of India Act, 1939, and the Emergency Provisions (Continuance) Ordiance, 1946–

(a) The provisions of the Defence of India Rules mentioned in the first column of the Schedule to this Act shall continue in force, and shall have effect subject to the modifications specified in the second column thereof;

(b) Any order or other instrument made or deemed to be made under or in pursuance of any of the said provisions and in force immediately before the commencement of this Act shall continue in force so far as consistent with the provisions as continued in force by this section and be deemed to be made under or in pursuance of the provisions so continued in force.

(2) The references in sub-section (1) to the Defence of India Rules shall be construed as references to those Rules as modified and continued in force by the Emergency Provisions (Continuance) Ordiance, 1946.

3. Effect of rules, etc. inconsistent with other enactments.

The provisions of the Defence of India Rules as continued in force by section 2 and all orders made or deemed to be made under such provisions 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.

4. Delegations.

(1) The Central Government may by order direct that any power or duty which by or under any of the provisions as continued in force by section 2 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 by any officer or authority subordinate to that Government or by any other authority.

(2) All orders delegating any power or duty conferred or imposed by any of the provisions continued in force by section 2 made by the Central Government before the commencement of this Act and in force immediately before such commencement, shall continue in force and be deemed to be made by the Central Government under this section.

5. Savings as to orders.

(1) No order made or deemed to be made in exercise of any power conferred by or under any of the provisions continued in force by section 2 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 any of the aforesaid provisions, a court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.

6. Protection of action taken under rules.

(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 any of the provisions continued in force by section 2 or any order made or deemed to be made thereunder.

(2) 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 any of the provisions continued in force by section 2 or any order made or deemed to be made thereunder.

7. THE SCHEDULE

THE SCHEDULE

(See section 2.)

Provisions of the Defence of India Rules continued in force.

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Number and title of Rule

Modification.

1. Short title

 

2. Definitions

Clause (1) shall be omitted

3. Interpretation

Sub-rule (3) shall be omitted.

4. Saving

 

5. Non-compliance with these rules of orders made thereunder

 

97. Definition

 

98. Prohibition of trading with the enemy

 

99. Control of rights, etc., in respect of trading with the enemy

 

100. Power to appoint Controllers, etc., of Enemy Trading

 

100A. Powers of Controllers, etc., of Enemy Trading.

 

103. Definitions

 

104. Prohibition of trade with enemy firms and purchase of enemy currency.

 

105. Power to appoint Controllers, etc., of enemy firms.

 

106. Powers of Controllers, etc., of enemy firms.

 

108. Penalty for failure to comply with orders of Controllers, etc.

 

110. Contracts with enemy firms.

 

111. Transfer of property to or by enemy firms.

 

113A. Power to carry on business of enemy firms.

 

114. Collection of debts of enemy firms and custody of property

 

114A. Power to control and wind up certain business.

 

117. False statements.

 

117A. Power to require production of books, etc.

 

121. Attempts, etc., to contravene rules

 

122. Offences by corporations.

 

123A. Burden of proof in certain cases.

Sub-rules (3) and (40 shall be omitted

130. Cognizance of contraventions of the rules, etc.