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TRADING WITH THE ENEMY (CONTINUANCE OF EMERGENCY PROVISIONS) ACT, 1947
16 of 1947
20th March, 1947
STATEMENT OF OBJECTS AND REASONS "The Bill seeks to provide for the continuance of the special powders enjoyed by the Government of India up to the 30th September.1946 under Parts XV and XVI of the Defence of India Rules and thereafter continued for a period of six months by means of the Emergency Powers (Continuance) Ordinance, 1946. Although hostilities ceased long ago, it will continue to be obligatory on the Government of India to maintain the general prohibition against trading with enemies until Peace Treaties are signed. Similarly it will be their responsibility to continue to look after the property of the 'enemy' firms vested in the Custodian of the Enemy Property until it is liquidated or released, For these purposes it is sought to keep alive most of the provisions of the Defence of India Rules relating to the ban on trade with 'enemies', the- control over 'enemy' firms and the custody of 'enemy' property."-Gaz. of Ind., 1947, Part V, p. 179.
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 1[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 with2[the Government of India] and the custody of the property belonging to them; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the trading with the enemy (continuance of emergency provisions) act, 1947.
(2) It extends to the whole of India [* * * *]; and it applies also to all citizens of India outside India.]
(3) It shall come into force on the 25th day of March. 1947.
SECTION 02: CONTINUANCE OF CERTAIN EMERGENCY PROVISIONS
(1) Notwithstanding the expiry of the Defence of India Act, 1939, and the Emergency Provisions (Continuance) Ordinance, 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 reference in sub-section (1) to the Defence of India Rule" shall be construed as references to those Rules as modified and continued in force by the Emergency Provisions (Continuance) Ordinance, 1946.
SECTION 03: 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.
SECTION 04: 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.
(3) 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.
SECTION 05: 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
SECTION 06: 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.
SCHEDULE 1 1
(See section 2-)Provisions of the Defence of liuMa Rules cwntinued in forceNumber 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 or enters 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 Controllcis, etc., of Enemy Trading 101A.-Penalty for failure to comply -with orders of Controllers, etc. 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 elders 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 booths, etc. 121.-Attempts, etc., to contravene rules 122.-
Offences by corporations 123A. -Burden of proof in certain cases 130-Cognizance of contraventions of the Sub-rule (3) and (4) shall He
rules, etc. omitted.
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