Section 1 Short title, extent and commencement.
(1) This Act may be called the Indian NavalArmament Act, 1923.
1[(2) It extends to the whole of India except 2[the territories which, immediately before the 1stNovember, 1956, were comprised in Part B States].]
(3) It shall come into force on such date3 as the Central Government may, by notification in theOfficial Gazette appoint.
Section 2 Definitions.
In this Act unless there is anything repugnant in the subject or context,--
(a) "competent Court" means the High Court or such other Court having unlimited originalcivil jurisdiction as the Central Government may declare to be a competent Court for the purposesof this Act;
(b) "ship" means any boat, vessel, battery or craft, whether wholly or partly constructed, whichis intended to float or is capable of floating, on water, and includes all equipment belonging to anyship;
1[(bb) "States" denotes all the territories 2[to which this Act extends]; and
3[(c) "the Treaty" means the Treaty for the Limitation of Naval Armament and for theExchange of Information concerning Naval Construction signed in London on behalf of HisMajesty on the twenty-fifth day of March, 1936.]
Section 3 Restriction on building or equipping vessels of war.
No person shall, except under and inaccordance with the conditions of a licence granted under this Act,--
(a) build any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vesselof war; or
(b) despatch or deliver, or allow to be despatched or delivered, from any place in the States anyship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war inany part of His Majesty's Dominions or9[of India] otherwise than under and in accordance withany law for the time being in force in that part 10***.
Section 4 Licences.
(1) A licence under this Act for any of the purposes specified in section 3 may begranted by the 1[Central Government], and shall not be refused unless it appears to the 1[CentralGovernment] that such refusal is necessary for the purpose of securing the observance of theobligations imposed by the Treaty; and, where a licence is granted subject to conditions, theconditions shall be such only as the 1[Central Government] may think necessary for the purposeaforesaid.
(2) An application for a licence under this section shall be in such form and shall be accompaniedby such designs and particulars as the 1[Central Government] may, by general or special order,require.
2[(3) Any person who, in pursuance of a licence granted under sub-section (1) before thecommencement of the Indian Naval Armament (Amendment) Act, 1937 (2 of 1937), is engaged inbuilding any vessel of war or in altering, arming or equipping any ship so as to adapt her for use as avessel of war, or is about to despatch or deliver, or allow to be despatched or delivered, from anyplace within the States any ship which has been so built, altered, armed or equipped, either entirely orpartly within the States, shall, upon written demand, furnish to the 1]1[Central Government] suchdesigns and particulars as may be required by the1[Central Government] for the purpose of securingthe observance of the obligations imposed by the Treaty.]
Section 5 Offences.
(1) If any person contravenes any of the provisions of section 31[or fails to comply with the provisions of sub-section (3) of section 4]; he shall be punishable withimprisonment for a term which may extend to two years, or with fine which may extend to onethousand rupees, or with both.
(2) Where an offence punishable under sub-section (1) has been committed by acompany or corporation, every director and manager of such company or corporation shall bepunishable thereunder unless he proves that the act constituting the offence took place without hisknowledge and consent.
(3) Nothing contained in section 517 or section 518 or section 520 of the Code of CriminalProcedure, 1898 (5 of 1898)2, shall be deemed to authorise the destruction or confiscation under theorder of any criminal court of any ship which is liable to forfeiture under this Act or of any part ofsuch ship.
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