40. Power to delegate.—(1) The Central Government may, by order, direct that any power or duty
which by this Act or by any rule made under this Act 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 also—
(a) by any officer or authority subordinate to the Central Government, or
(b) whether or not the power or duty relates to a matter with respect to which a State Legislature
has power to make laws, by any State Government or by any officer or authority subordinate to such
Government, or
(c) by any other authority.
(2) The State Government may, by order, direct that any power or duty which by this Act or by any
rule made under this Act is conferred or imposed on the State Government or which, being by this Act or
any such rule conferred or imposed on the Central Government, has been directed under sub-section (1) to
be exercised or discharged by the State 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 not being (except in the case of a Union territory) an officer or authority subordinate to the
Central Government.
41. Rules to be laid before Houses of Parliament.—Every rule made by the Central Government
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is
in session for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so however that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
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42. Jurisdiction of ordinary courts.—(1) Except as may be provided in this Act or in any rule made
thereunder or in any order made under any such rule by the Central Government or the State Government
or by an officer not below the rank of Collector empowered under sub-section (1) or sub-section (2) of
section 40 to make such order, the ordinary criminal and civil courts shall continue to exercise
jurisdiction.
(2) For the removal of doubts, it is hereby declared that any provision in any such rule or order as
aforesaid to the effect that the decision of any authority not being a court shall be final or conclusive shall
be a sufficient excepting provision within the meaning of sub-section (1).
43. Effect of Act and rules, etc., inconsistent with other enactments.—The provisions of this Act
or any rule made thereunder or any order made under any such rule 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.
44. Ordinary avocations of life to be interfered with as little as possible.—Any authority or
person acting in pursuance of this Act shall interfere with the ordinary avocations of life and the
enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and
interest and the defence of India and civil defence.
45. Savings as to orders.—(1) No order made in exercise of any power conferred by or under this
Act 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 this Act, a court shall, within the meaning of the Indian Evidence Act, 1872 (1 of
1872), presume that such order was so made by that authority.
46. Chapter III not to apply to measures taken for the protection of Armed Forces.—Unless
otherwise expressly provided in any rules or orders made under Chapter III, nothing contained in that
Chapter or any such rules or orders shall apply to the Armed Forces of the Union or to any measures
taken by any of the authorities in control of the Armed Forces for the purpose of securing the defence or
safety of such forces or for the protection of any naval, military or air force installations or stores.
47. Protection of action taken under the Act.—(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 this Act or any rules made thereunder or any orders issued under any such rule.
(2) Save as otherwise expressly provided under this Act, 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 this Act or any rule made thereunder or any order issued under any
such rule.
48. Repeal and saving.—(1) The Defence of India Ordinance, 1962 (4 of 1962), and the Defence of
India (Amendment) Ordinance, 1962 (6 of 1962), are hereby repealed.
(2) Notwithstanding such repeal, any rules made, anything done or any action taken under the
Defence of India Ordinance, 1962 (4 of 1962), as amended by the Defence of India (Amendment)
Ordinance, 1962 (6 of 1962) shall be deemed to have been made, done or taken under this Act as if this
Act had commenced on the 26th October, 1962.
49. Validation of certain requisitions.—All property, immovable or movable, purporting to have
been requisitioned under the Defence of India Ordinance, 1962 (4 of 1962), on or after the 26th October,
1962 and before the coming into force of the relevant provisions of that Ordinance or the Defence of India
Rules, 1962 made thereunder, shall be deemed to have been validly requisitioned, as if that Ordinance and
those rules had been in force on and from the 26th October, 1962 and accordingly, the provisions of this
Act and those rules shall apply to and in relation to such requisition.