Act Number: 51

Act Name: The Defence of India Act, 1962

Year: 1962

Enactment Date: 1962-12-12

Long Title: An Act to provide for special measures to ensure the public safety and interest, the defence of India and civil defence and for the trial of certain offences and for matters connected therewith.

Ministry: Ministry of Home Affairs

Department: Department of Internal Security

Section 2: Definitions.
    In this Act, unless the context otherwise requires,—
         (a) "civil defence" includes any measures not amounting to actual combat, for affording defence against any form of hostile attack by a foreign power or for depriving any form of hostile attack by a foreign power of its effect either wholly or in part whether such measures are taken before, during or after the time of the attack;
         (b) "Civil Defence Services" mean the services formed wholly or mainly to meet the needs of civil defence;
         (c) "enemy" means—
             (i) any person or country committing external aggression against India;
             (ii) any person belonging to a country committing such aggression;
             (iii) such other country as may be declared by the Central Government to be assisting the country committing such aggression;
             (iv) any person belonging to such other country;
         (d) "enemy territory" means—
             (i) any area which is under the sovereignty of a country referred to in sub-clause (i); or a country referred to in sub-clause (iii), of clause (c) of this section;
             (ii) any area which the Central Government may, by notification in the Official Gazette, specify to be enemy territory for the purposes of this Act or any rule made thereunder;
         (e) "military operations" mean the operations of the Armed Forces of the Union;
         (f) "occupied territory" means any territory of India which is for the time being in the occupation of a country referred to in sub-clause (i) or a country referred to in sub-clause (iii), of clause (c) of this section;
         (g) "prescribed" means prescribed by rules made under this Act;
         (h) "Proclamation of Emergency" means the Proclamation issued under clause (1) of article 352 of the Constitution on the 26th October, 1962;
         (i) "State Government" in relation to a Union territory means the administrator thereof.
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