West Bengal act 003 of 1948 : The west bengal security act, 1948

•.

• Government .of West Bengal .. - . ·.

Judicial and Legislative (Legislative) Department • West Bengal Act III of 1948

. The West Bengal, Security ·Act

1948

Superintendent, Government Printing West Bengal Government Press, Alipore, "\Vest Bengal

1948

.. " r . Price-Indian, annas 8; English, 10d.

WestBengalAct III of 1948

THIE WEST' ,BENGAL SECURITY ACT, 1948.

GONTENTS.

OHAPTER I.

SEG'.!;J:ON.

1. Short title, extent and commencement.

2. Definitions. , . •

3. Effect of t_he provisions of the Act hen inconsistent with other law. 4,. Saving. ~

5•

Preliminary.

Non-compl1a~ce with the provisions of this fct or any orders made thereu~der, +- . $

" OHAPTIR 1I. ~- Sabotage.

• Prohibition of subversive acts, publications

8. Proscription, etc., of certain documenls. and· communications,

Prevention of Subversive Acts.

)

9.< Power to impose censorship. -

CHAPTER III.

PuDlio .Safety and Order.

• 10. Punishment for ca:r;rying or possessing any corrosive substance or lig_uid. ll. Definition of looting.

f.2. Use of force to stop looting.

.fa. Curfew.

14. Amendment of sections 127 and 128 of the Code of Criminal Procedui:e, 1898.

15. Control of processions, meetings, etc.

16. Power to make orders restricting the mov·ements or actions of or ·detaining cer persons.

17. Duration of orders made under section 16. 18.-.Grounds of. orderofdetentionto. be disclosedto person affected, by.e order.

19. Control of upsoof loudspeakers, megaphones, etc. "

20. Unlawful.,.drilling. " •

21. Ungfficial uniforms,c"etct · €22. Porers ot require the

CHAPTER IV.

Miscellaneous Provisions.

23. Power to obtain information.

24. False statement.

25. .Requisitioning of property.

26. Publication and service of notices.

A OHAPTERV.

supplementary and Procedural.

27. Attempts, etc., to contravene the provisions of the Act.

28. Special provision for searches.

29. ·General power of arrest without warrant.

. 30. Powers of arrest and detention.

31. Cognizance of contraventions of the provisions of the Act or orders made thereun

32. Power to give effect to orders, etc. '33.

34.

35.

36.> Saving as to orders. Protection of action taken under the Act. -1 e Delegation of powers and duties of the Provincial G9vernment. .1:'ower to make rules.

37. Saying and repeal.

-,,

West Bengal Act III · of 1948

- . , 's-

. .

THE WEST BENGAL SECURITY ACT, 1948.

[Passed by the West Bengal Legislature.] [Assfnt of the Govefoor-General. w:as :first published in· the Calcutta Gazette, "Extraord'inary, of the 13th March, 1948.]\ An Act to malce special provision for the maintenance of public order by- the. prevention. of illegal acquisition, possession or use of arms, the suppression of subversive movements endangering communal harmony on the

~afety 01· stability of the P1'0vince, the suppression of goondas and fo +maintaining _supplies and services• 7 • 7 r ·» ,-8 w y» . . . .

n----s:;-s ,for the West -~engal Security_ Act, 1948 -Correction P (West Ben. Act 111 of 1948). ... ., Pages 1, 2-

In section 2,-

(1) substitute^thefollowing clause,^s(1) /01· . clause . , .;,• namely : - - t; 1 £ 1

\;'(1) 'essential commodityd' ?3-elands foos·udc,h~~h:; thi!g- r ht power an me u es . .

• orbe declared by the Provincial Govei:n- hy notictio, to be essential tor the Ire of the commumty; ; \ ,.

-- -. 93L2.rs· · s extent,

+«us- vo7Ure-WVEIL.e of? WV@so- Deng'au..- • com-:r- sac2ma. . . • ·-

(3) The Provincial Hovernment may, by notifiqation, ::!~e-

. direct that all or any of J1~provisions of."this . .A.ct shall come and into force in the wholagfa any part of the province ofWest_ duration. · Bengal on such· date as may be specified 1n the notification and may, by like notification, direct that the said provisions - or any of them shall cease to be in force in the said province .or part, as the case may be,· on such date as •may "be specified·in the notification. · ·'

.(2) "g-oonda" has the same meaning as rin the Goondas .A.ct, 1923; -

(4) It shall, in the first instance, remain in force for a period of one year; provided that if a resolution in that behalf is, before the date on which under this sub-section it would o~herwise have ceased to operate, passed by the Provincial Legislature, it shall continue in :fame for a further period of one year from such date. s»., % "€z

2, In this .A.ct, unless there is anything repugnant in De.fl. the subject or context,- · nitions.

(1) "essential commodity" means food, water; fuel, light, power or any other thing essential for the existence of the community which is notified in this behalf by the Provincial Government;

Ben, Act I

0f 1923.

West Bengal Act III · of 1948 ·- , 's-

THE WEST BENGAL SECURITY ACT, 1948.

[Passed by the West Bengal Legislature.] I.A~!nt of the Govefoor-General w:as first published in the Calcutta Gazette, Extraordinary, of the 13th March, 1948.) ' ^¢

iln Act to malce special provision for the maintenance o.f. public order by -the. prevention, of illegal acquisition, poses$ion or use of arms, the suppression of subversive movements endangering communal harmony or the

safety 01· stability of the Province, the suppression of goondas and fo, +maintaining supplies and services " ·essental to the lfe of the community.

WHEREAS it is expedient to make spec_ial provision for the maintenance 0£ public order by the prevention of illegal acquisition, possession or use - of arms, the suppres- -sion of subversive movements endangering communal ib.armony or the safety or stability of the province, the suppression of goondas and for maintaining supplies and · services essential to the life of the community; It is hereby enacted as follows : ~

CHAPTER I.

Preliminary.

;°;.:,,. s. r

re .£

1. (1) This .A.ct may be called the West Bengal Short'

. :Security .A.ct, 1948. title,- --?).I extends to le»whole»6 wesBegl.'.· , 2pi?""

• ! « 4+ 4

3) The Provinga!overmet may, .by notification, ?2?]?"

direct that all or aaf of the provsons of th1s,Act shall come ·and into force in the whole or in any part of he province ofWest daratig» · Bengal on such· date as may be sped'.6,_ed m the notifcaton and may, by like notification, direct that the said provisions · or any of them shall cease to be in force in the said province or part, as the case may be,· on such date as may 'be specified in the notification. \ . .

(4) It shall, in the first instance, remain in force for a period of one year; provided that if a resolution in that behalf is, before the date on which under this sub-section it would otherwise have ceased to operate, passed ib:i@.the Provincial ·Legislatur~ it shall continue in force #f further period of one year from such date.

2, In this .A.ct, unless there is anything repugnant in Defi- the subject or context,- nitions.

(1) "essential commodity" means food, water, fuel, light, power or any other thing essen.tial £or the existence of the community which is notified in this behalf by the Provincial Government;

t $

·(2) "goonc1a" has. the same meaning as rin the Goondas .A.ct, 1923 3 -^·^Ben,^Act^Iof1923.

#-i:'JJI;.; s$s s • . . ~XI of 1878•. f. 1 · · ; criss.el

·,a

The West Bengal Security Act, 1948.

[West Ben. Act

(Chapter I.-Preliminary.Sections 3, .) ' .

''notified'' and "{'notification'' mean notified and noti- fication respectively in the Official Gazette; '·'prejudicial report" :means any report, statement or visible representation, which, or. the publishi;u.g of which, is, or is an incitement to the commission of; a subversive act as defined in clause 7; ..

"prescribed" means ,prescribed by any order made under this'Act; yN

"public servant"· inclucles any public servant as defined in the Indian Penal Code and any servant .:9f any Act XLV

• local authority or railway administration.~' · of 1860.

"subver~ive act" means any act which is intended or . is likely-

(a) to endanger- () comm±al harmony, or • (ii} the- safety or stability of the Province; (b)

(7)

(6)

(3)

(4)

to 'organise, further or help the illegal acquisition, possession or use of.:--

(i~ arms, ammunition or military stores as defined in the Indian Arms Act, 1878,

(ii) explosiy,e substa.nces (as defined in the Explosive Substances Act, 1908), pr .

(iii) corrosive substances or liquids;

(d) to prejudice the recruiting of, or the attendance of persons for service in, any police force or fire brigade or any other body of persons entered, enrolled or engaged as public . servants or to tamper with the loyaltyof such persons; (@) to impede, delay or restrict any work or any means of transport or locomotion necessary for the supply or distribution of any essential commodity except in furtherance of an industrial dispute as defined in the,Industrial Disputes Act, 1947. XIV.or . '° ·.-- · . . . . . 1947. Eplanaton.-yActs bona fide rnchcatmg chsapprobation of the policy or measures f the Government with a view to

obtain their alteration by;lawful means shall not be deemed

to be acts mhich are i ),nded i:i'r are likely to anc1anger the

safety or stability of e province. _.

3.' The provisions of this Act and of a~ orders made

thereunder shall have effect notwithstanding anything incon-

sistent therewith contained in any other law for the time

being in foco or in a.ny instrument having effect by virtue·

of any such law. .

4. No prohibition, restriction or disability imposed by or under this Act, unless ot];ierwise expressly provided by an order issued by the Provincial Government or by an officer· specially authorised by the Provincial Government in this. behalf, shall apply to anything done by, or under the direc- tion of, any public servan.t~ acting in the course of his dut:.v· as such public servant. e, · ..

a Effect of the pro- visions of the Act when

incon-

sistent with other law.

Saving. ' ..

I ,

{3) · Where in pursuance o.f .sub:Section (2) any person is granted permission to enter, or to be on or in, or to pass over a protected place, that person shall, while acting under such per.mission, comply with such orders ·for regulating hie conduct •as ··may be given by the Provincial Government.

(4) Any police officer, or any other person authorised i this behalf b the Provincial Government, may search any person entering, or seeking to enter, or. being on or in, or leaving, a protected place, and any. vehicle, vessel, animal or 'article.brought in. by such person and may, for the pur- po·se of the'search, detain such person, vehicle, vessel,animal and article : .

. .

Provided that no woman shall be searched in pursuance of this sub-section except by a woman .

(6) I any person is in a protected place in contraven- tion of this 'section, then with-out prejudice to any other pro- ceedings which may be taken against him, h.e may -be removed therefrom by any police officer or by any other person authorised in this behalf by the Provincial Govern-ment.

(6) If any person is in a protected place in contravention of any of the provisions of this section, he shall be punishable with imprisonment for. a term which may extend to threeyears or with :fine or with both. 5B. (1) If the Provincial Government considers it Protected

necessary or expedient to regulate the entry of persons. into areas, any area, the Provincial Government may, with.out prejui;lice ' :

to any other provision of this Act, by order declare· the area . / to be a protected area; and thereupon, for so long as the · · order is in force, such area shall be a protected area for thepurposes of this Act. ) On and after such day as may be specified in, and

subject to any exemptions for which prov1s1on may be made

by, an order made under sub-section (1), no person who

was not at the beginning of the said day resident in the area declared to be a protected area by the said order shall be

therein except in accordance with the terms of a permit in

writing granted to him by an. authority or person specifiedin the said order. • -

(3) Any police officer, or any· other persor authorised in this behalf by the Provincial Government, ~y search any person entering or seeking to enter; or being on or in, or leaving, a protected area, and any vehicle, vessel, animal. or article brought in by such person, and may; for the pur- pose of the search,. detain such person, vehicle, vessel,animal and article :

. Provided that no woman shall be searched in· pursuance of this sub-section except by a woman.

(4) If any person is in a protected area in contravention of the provisions of this section, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom· by or under the direction of any police ofcer on ·duty in the protected area,

(5) If any person is in a pr~cted area in contravention of any of the provisions of this section, he shll be punishable Ith Imprisonment for a term which may extend to threeyears or wath fine or with both. E- botn.

Protected places

Page 3- . After Chapter I, insert the, following Chapter, namely:-

''CRAfTER IA.

Access to certain places and, areas.

5A. (Z) If as respects any place ox class of places the Provincial _Government considers it necessary or · expedient • that special precauti~~~· should be taken -to prevent the entry of unauthorised per&is, the Provincial Govert}@nt may by. order declare that place, or, as the cass,pi.ay be, every place of that class to be a protected place; and thereupon, ·for so long as the order is inforce, such place or every place of such class, as the case may be, shall be a protected place for th.e.purposes of this Act.

(2) No person shall, without the :perm1ss1on of the Pr.o- vincial Government; enter, or be on or in, or pass ove1'., or loiter in the vicinity of, any protected place.

Forcing or evading a guatd. a

Orders for certain places and areas.

5C. Any person who elects or attempts to effect entry 1nto a protected place or protected area-

(a) by using, or threatening to use, criminal force to any person posted for the purpose of protecting, or preventing or controlling access to, such place or area, or

(b) after taking precautions to conceal his entry or attempted entry from any such person, shall be punishable with imprisonment for. a term which may extend to five years or with fine or. with both. 5D. (I) Without prejudice to any other provision of this Act, the Provincial Government, as respects- .

(a) any place or area declared by it to be a protected place or protected area, ·or

(b) any .other. place or area in relation to which it appears to it to be. necessary to tale special precautions £a:;: preventing or suppressing subver- sive acts or for maintaining supplies and services essential to the life Qf the community, may make orders for controlling or regulating the admission of persons to, and the conduct of persons in and in the vicinity of, such place or area.

(2) Without prejudice to the generality of the foregoing provisions, orders made under sub-section (1) in relation to any place or area may make provision- \.

(a) for restricting the admission of persons to such place or area and for removing therefrom any person who is therein in contravention of the orders or who has been convicted of any contravention of the provisions of this Act;

(b) for requiring the presence of any person or class of persons in such place or area to be notified to a prescribed authority and for requiring any person who has been convicted of any such offence as-is mentioned in clause (a) of this sub-section to report his movements while in such place or area "

and to observe any other condition imposed upon him by a prescribed authority;

(o) for requiring any person or class of persons in such place or area to carry such documentary evidence of identity, as may be prescribed; and

(d) for prohibiting any person or class of persons from being in possession or control of any prescribed article. ·

(3) An order made under this section in respect of a protected place or protected area may exempt such place or area from all or any of the provisions of this Act which are expressed to apply to or in relation to a protected place or protected area, as the case may be, or may direct that all or any of the said provisions shall apply, subject to such modifications as may be specified in the order. a

(4) An order made under this section in respect of a place or area which is not a protected place or protected area may direct that all or any of the provisions of this Act - which are expressed to apply to or in relation to a protected -- vouu uuu may extend to seven years or with fine or with

both.

The West Bengal Security Act, 1948..

. ,;

Ill 0f 1948.]

(Chapter' I.-Preliminary.Chapter° II.Prevention Subversive Acts.Sections 5, 6.) · of -

·1I(~..... . .. :,.

5. If any person to whom any prov1son of this Act Non- relates or to whom any order made in pursuance of any compli- such provision is addressed or relates or who is in occgpa- 2"?&,2"?r ""

tion, possess1on or control of any land, buldmg, vehicle, isions vessel or other thmg to which such provs1on relates, or 1n of this respect of which such order is made- Act or

any

(a) £ails without la:wful authority or excuse, himself, or orders in respect of any land, building, vehicle, vessel or ~ade. other thing of which he is in occupation, possession a.. or control, to comply with such provision or order; or

(b) evades, or attempts to evade, by any means such pro- vision, or order,

he shall be deemed to have contravened such prov1son or order. •• L;

CHAPTER II.

Prevention of Subversive Acts.

2t ,f

...

6. (Z) No person shall do any act with intent to impair the efficiency or impede the working of, or to cause damage to,-

(a) any building, vehicle, machinery, apparatus or.other property used or intended to be used, for the pur- pose of Government or any local authority;

(b) any railway (as defined in the Indian Railways .A.ct, 1890), aerial ropeway (as defined in the Bengal Aerial Ropeways Act, 1923), . tramway, road, canal, bridge, culvert, causeway, port, dockyard, lighthouse, aerodrome (as defined in the Indian Aircraft Act, 1934), air-field, air-strip or any installation thereon or any telegraph line or post (as defned in the Indian Telegraph Act, 1885);

(c) any rolling-stock of a railway or tranway or any vessel or aircraft ; -~

(d) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory;

(e) any prohibit!}..d... place as defined in sub-section (8) of section 2 fff,~the Indian Official Secrets Act, 1923.

. (2) The proyisions of sub-section (1) shall apply in rela- tion to any omission on the part of a person to do anything which he is. under a duty, either to the Provincial Govern- ment or to any public authority or to any person, to do, as they apply to the doing of any act by a person.

. (3) If any person contravenes any of the provisions of th1s secton, he shall be punishable with imprisonment for a term which may extend to seven years or with fine or with

both.

Sabotage. f

f 1,. .

58.

{:) after clause (6), insert the following · namely·:-

k "(5a) 'protected place' means a place declared under. section 5.A. to be a protected place; and .- "._. . "-,, (6b) 'protected area' means an are·a declared :under' section 5B to .be a J)rotecteq· area;" ;J,.,

(3) to clause· (6), add the following words, namely:-

l.^"and^anyperson engagedⁱⁿ^·anyemployment orclass of employment which the Provinciai Government may, :from time ·to time, declare

to be employment or class of employment

essential to the life of the c?mmunity ;" t ·

9 lase ),' £

4-(a) for sub-clause (e), substitute the following sub- ~"'- clause, namely:- ·

"(e) to impede, delay or restrict-" · ;_

(i) any work, or . I';_

(ii) any means of transport or locomotion, ' necessary for the production, supply or distribution f of any essential commodity except in furtherance {

o£_ an induA· stria

·s~:ite asd defined- in the Industrial t 1sputes ct, ; ;an xIV or}

(b) renumber the explanation as paragraph (6) 1047. PE thereof and after the said paragraph, as so re- 'I numbered, add the following paragraph,

namely:

"(ii) .A.n illegal strike or an illegal lock out, as . {, defined in section 24 oi the Industrial Dis- putes Act, 1947, shall not be deemed to be ,an industrial dispute for the purposes of sub-clause ,(e).".

(Substituted, inse1·ted, added and renumbered ·by West Bengal .Aot XIX of 1948, section 2.)

• [No. 43, dated the 5th June, 1949.) ·

·=ua place or protected area, as the case mayb, shal apply to or $f%, · m relation to the place or area 1 respect o:£ whlch tJie ordel' ;;•iI· •. -is made either without mo,ai:fication or subject -to ·,such-_ 2;'..: • modification as may be specifi.ed in the order; . · · . . · "

· • (6) I:£ any person: contravenes_ any order ·,made: 1D1der . this section, he shall be punishable with imprisonment .for' a -term whiclt may extend to three years or with fine or with both."

(lnse1·ted by West Bengal Act XIX 6/ 1948, section, 3.)

t, ..

The West Bengal Security Act, 1948.

$ .West Ben. Act ·

(Chapter II.-Prevention of Subversive Acts.+Sections 7, 8.)

.· 7. (1),No person shall, without lawful. authority or excuse,-

(a) do any subversive act; or

(b) make, print, publish or distribute any document con- , taining, or spread by any other. means whatsoever, any prejudicial report. '

(2) The author, editor, printer and publisher of, and any person . who otherwise makes or produces any prejudicial report, and any person who distributes or sells any report of that nature, knowing it to be of such nature, shall be deemed to have contravened this section.

Prohibi-

tion of

subversive

acts,

publica-

tions

and com-

munica-

tions.

Ben. Ord.

VI of

1946.

(3) I any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for. a term which may extend to five years or with fine or with both: . Provided that in any proceedings arising out of a contra- vention of this section,-

(a) in relation to the making or printing of any docu- ment, it shall be a defence for the accused to prove that the said document was made or printed, as the case may be,--

(i) before the Bengal Special Powers Ordinance, 1946, came into force, or

(ii) with the permission or under the authority of the · Provincial Government, or ·

(iii) as a proof intended for submission to the Provincial Government or to a person or authority desig- nated by the Provincial Government in this behalf with a view to obtaining permission for its publi- cation;' -. .

(b) in relation to the publication of any document it shall.

. be a defence for the accused to prove that the said document was published- "

() before the Bengal Special Power; Ordinance, 1946, came into force, or

{ii) with the permission or under the authority of the · Provincial Government. z

Proscrip-

tion, etc.,

of certain

docu-

ments.

8. (1) Where in the opinion of the Provincial Govern- ment any document made, printed or 'published, whether before or after this Act comes into force, contains any pre- judicial report, the Provincial Government may, by order, -;. .

() require the author, printer, publisher or person in possession of such document not Bemg a: newspaper to inform the authority speci:fied in ·the order of the · name and address of any person concerned · in the making of such report;

(b) provide for the safe keeping by persons in possession of such document and copies thereof;

(c) require the delivery of such document and any copy thereof to any authority specified in the order;

The West¢ Bengal Security Act, 1948.°

Ill of 1948.]

(Chapter II.-Prevention of Subversive Acts.-Secton 9.y (~) prohibit the :further publication, sale or distribution of such document, of any extract therefrom o:r; o'f any translation thereof, including, in the case of a newspaper or other periodical, the publication, sale or distribution of any subsequent issue thereof;

(e) declare such document and every copy or translation thereof or extract therefrom, to be forfeited to HisMajesty.

(2) Where in pursuance of sub:section (1) any document is required to be ·delivered to a specifed authority, that authority may enter upon and search any premises whereon Oz_wherein such documient or any copy thereof is or is roaeo.' 1spected to he.

(3) Where in pursuance of sub-section (1) any document has been declared to be forfeited to His Majesty, any police- officer may seize any copy thereof, wherever found and any Magistrate may by warrant authorise any police officer not below@he rank of Sub-Inspector enter upon and search any premises whereon or wherein such document or any copy thereof is or is reasonably sm:pected to be.

. (4) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to three years or with :fine or with both.

9. (1) The Provincial Government may, for the purpose Power to of preventing or suppressing subversive ac.ts, by order impose addressed to a printer, publisher or editor, or to printers, ce:15or. publishers and editors generally, . • ship.

(a) require that all matters, or any matter relating to a particular subject or class oi sub,jects, shaII, before being published in any document or class of docu- :.f:;. ments, be submitted for scrutiny to an authorityspeeified in the order; • ) prohibit orregulate the maling or publishing of an.

document or class of documents, or of any matter e

relating to a particular subject or glass of subjects,

or the use of any· press, as denned in the Indian

Press (Emergency Powers) .Act, 1931.

?) If any person contravenes any order ziade under 3

section (1), then., without prejudice to any other proceedings

which may he taken against such· person, the Provincial

Goveniment may declare to he forfeited to His Majesty every

Copy_ of any document published made in contra-

vention of such order and any press, as defined in the Indian

Press (Emergency Powers) Act, 1931, used in the makingof such document. ~

(3) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to five years or with :fine or with both. E£Cplanation.-In this Chapter "document" includes gramophone 1·ecords sound;, tracks and any other articles on hich sounds hae been recorded with a iem to their s3sequent reproduction. XXIII of

1931.·

'I J··} %

#±

The West Bengal Security Act, 1948. Punish-

ment for.

carrying

oi pos-

sessing

any gor-

rosive

" substance or liquid. Def6ni-

tion of

looting. Use of

force to stop

looting.

,-, [West Ben. Act

(Chapter III. Public Safety and Order.-Sections 10-13.)

CHAPTER III.

Public Safety and Order, .

10. Any person who carries on his person or knowingly · has in his possession or unde:i· his control any. corrosive sub- stance or liquid, under such circumstances as to give rise to a reasonable suspicion that he does not carry it on his person or have "it in his possession or under his control for a lawful object, shall, unless he can show that he was carry- ing it on his person or that he had it. in his possession or under his control for a lawful object, be punishable with imprisonment for a term which may extend to seven years, to which fine may be added.

11. Wk6eve commits dacoity, robbery, theft, or theft in a building, vessel or vehicle or criminal misappropriation, .it-:_the commission of such offence takes place, {a) during a riot or any disturbance of the public peace

•-· at or in the neighbourhood of the riot, or the place at which such disturbance of the public peace· occurs, or.

(b) in any area in which a riot or disturbance of the public peace has. occurred and before lgwnd order · has been completely restored in such area, or

(c) in circumstances such that a person whose property is stolen or criminally misappropriated is not, as a consequence of rioting or any other disturbance of the public peace, present or able to protect such ·property, is said to commit the offence of. looting.

12. : .Any police-officer may use such force as may be necessary even to the causing of death in order to.stop the commission of the offence of looting wihi' his vie . Carte. 13. (1) The Commissioner of Police in Calcutta and the District Magistrate elsewhere may, subject to the control of the Provincial Government, by order direct that, subject to any exemption specified_in the order, no per;son present within " _ any area or areas specified in the · order shall, between such hours as may be specified in the order, be out of doors except under the authority of a written permit granted by a · .specified authority or person. -"

2 (2) I any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

(3) 1 this section "Calcutta" means the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866, 1.. Act together with the suburbs of Calcutta as defined by notifca- IV£ 1866. tion under section. 1 of the Calcutta Suburban Police Act, Be. Aot I 1866. nor jg

1866. ·

ol of sssions, ings,

/...

"S cting 90ve. (! or. lS

'llllg in

s. -

7The Wast Bengal Security Act, 1948.

Page 7-

ln sub-section (1) of section l5, after the words ''com-

. munal peace" add the words 'for to endanger the safety or stability of the Province" ·\r

·(Added by West Bengal Aot XIX of 1948, section 4.) [No. 43, dated :the 6th June, 1949.7

1II of 1948.1 .-

(Chapter III.-Public Safety and Order.-Sections 14--16.) ' 14. During the continuance in operation of .•this Act, Amen.d- in sections 127 and 128 of the Code of Criminal ProceduFe,. ment of 1898, for the words' "or officer in charge of a pblice-staiio'fi" sections the words "or any police-officer of or above the rank of gJ a;d .a head constable" shall be deemed to have been substituted. the Code, of Ori- ·

., · · minal

edure,

Page 7-

After section 15 insert the following ·section, n_a:niely:-

\/'15.A.. (1) If, in the opinion of the Provincial Govern-

• ment, it is necessary or expedient so Control of move- do for preventing or suppressing "PP!5 of9pmodi 4tensive acts or for mamtamugar IC es or u.wgs. . · t' 1 t thsupplies and services rissen 1a o e life of the community, it may, by genegl or

special order, prohibit or restrict the movement of

any commodity, article or thing (!ncluamg . any.

vessel vehicle, aircraft or animal) either

generally or between any particular places or on_

any particular route.

(2) If any person contravenes . any order made under sub-section {1), , he shall be pums_hable with imprisonment for a te:m:n which may extend to three years or with :6.:ne or with both and the Court tryino the offence shall order that the comm'&d1ty, artiol or thing (including air=, vessel, · vehicle, aircraft or animal) in respect ot which tlie offence · has been committed shall . be fozj:e1ted to His Majesty.".\,..

(Inserted by W~st Beng~l Aot XIX of 1948, section 5.) [No. 43, dated the 6th June, -1949.J

v u+us4ug upon num such restrct1ons as may be specj- fied_ in the order in· res1Ject of his employment, busmess or movements, in respect of his assoc~:_:t'tion or communication with other persons, and in res- pet of his activities in relation 'to the dissemina- tion_ 6f news or propagation of opinions.

. (2) Where an order is made under sub-section (1) direct- ing any person to be detained, the Provincial Government may, if it so thinks fit, grant to such person, in accordance w1th such ~·ules as it may make in this behalf, such allowance' or expenses as it may deem appropriate. ·

(3) If any person is in any area-or place in contravention · of an order made. under the provision of this section, or fails t

i ~ -' ^Act^Vof!898.

Aot V of 1898. a{

;

}"2

The West Bengal, Security Act, 1948.

111 6f 1948.1 •

(Chapter III.-Public Safety and Order.-S.eotions 14--16.)

14. During the continuance in operation of _.this :A.ct, .Amend- in sections 127 and 128 of the Code of Criminal Procedu.;i;e,• ment of 1898, for the words "or officer in charge of a p'ol:i.ce-staiioft" sections f

127 a d the words "or any police-officer of or above the raik o 128 of a head constable" shall be deemed to have been substituted. the Code·of Ori- · min.al

Procedure,

1898.

15. (1) The Provincial Government may, by general or Control of fil_)ecial order, prohibit, restrict or impose conditions upon, processions, the holding of or taking part in processions, meetings or meetings, :assemblies whi·ch, in its opinion, are likely· to disturb the etc. communal peace. t}- .•..E ,-'. '

(2) Any police-officer may take such steps, and use such force, as may be reasonably necessary for securing compliance with any order made under this section.

(3) If any person contravenes any order made under this sestdio, he shall be punishable ith imprisonment fr,",%? • w ich may extend to three years or with fine or wit ot .· .• . 'I, .. ? .

16. (1) The Provincial Government, if satisfied' on Pow6r to?

reasona,ble -ground~.; with respect to any particular person make that with a :view to }Jreventing him from doing any sub. ord ers . l restricting ersive act it is necessary so to do, may make an ore er- the move-

(a) directing that he be detained; ments or actions

(b) directing that, except in so far as he may be per- ofor mitted by the provisions of the order, or by such detaining authority or person as may be specified therein, he certain shall not be in any such area or place in West persoJ:¥1, Bengal as may be specified in the order;

(c) requiring him to reside or remain in such place ..or within such area in West Bengal as may be speci- · £.ed in the orcler and if he is not already. there to proceed to that place or area witiin such time as may be specified in the order;

d) requiring him to notify his movements or to report himself or both to notify his movements and report himself in such manner, at such times and to such authority or person as may be specified :\.n the order; "

(e) imposing upon him such restrictions as 1aay be speci- fied in the order in respect of his employment, business or movements, in respect of his associ_a;tion or communication with other persons, and in res- pect of his activities in relation 'to the dissemina- tion of n_ews or propagation of opinions.

. (2) ..Where an order is made under sub-section (1) direct- 1ng any person to be detained, the Provincial Government ID:=t,Y, if it so thinks fit, grant to such person, in accordance , with such rules as it may make in this behalf, such allowance or expenses as it may cleem appropriate. ·

(3) H any person is in any area-or place in contravention · of an order made under the provision of this section, or fails

flt

The West Bengal Sec'u.?'ity Act, 1948.

[West Ben. Act

(Chater III.-Public Safety and Order.Section 17.)

T-ration

•OI orders made

under

section

16.

to leave any area or place in accordance. with the require- ments of such an order then, without prejudice to the provi- sions of sub-section (6), he may be removed from such area or place by any . police-officer or by any person acting on

•· behalf of the Provincial Government.

(4) So long as such an order as aforesaid in respect of any person directing that he be detained, is in force, he shall be liable to be removed to and detained in such place and under such conclitions, which may include conditions as to maintenance, discipline or punishment for offences and breaches of discipline, as the Provincial Government may from time to time by general or special order specify.

(5) If the Provincial Government has reason to believe that a person in respeet of whom such an order as aforesaid has been made directing that he be detained has absconded or is concealing himself so that the order cannot be executed, it may-

(a) make a report in writing of the fact to a Presidency

. Magistrate or a Magistrate of the :first class having· •·• ; · jurisdiction in the place where the said person ordi- 3 narily resides; and thereupon the provisions of sec- . _#"1 tions 87, 88 and 89 of the Code of Criminal Proce- Actv 4 dure, '1898, shall apply in respect of the said person of 189&. ~- and his property as if the order directing that he be detained were a warrant issued . by the Magis- trate;

(b) by notified order direct the said person to appear before such officer, at such ·place, arid within such period as may be specified in the order; and if the said person fails to comply with such direction he· shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with-imaprisonment-for-atermwhich.ray extend to--one gear, or withfine, or-with-both. .(6) If any person contravenes any order made under-this section, ..otherthan-an-or:deg-of---thenaturereferred--#oeein clause(b) of sub-section5), he shall be punishable with 1mpnsonment for a term which may extend to three years,. or with fine, or with both.

• . 4 ..- • .f" -

1'L -Sa"\l"e, as hereinafter in this secti'8\- otherwise provided, an order made under section I6 shaw!be in force for such period

«Provided that the Provin 'al Government may, if and so- often as it thinks fit, before the date on which under this. section any such order would otlexise have ceased to be in :force, place before a Judge of the Hlgh--Oourt in Calcutta,. the grounds on which the order is made, the representation,

/ --Page 9-

} dtter section 18, insert the following section,a±#61._ · y... ''JllA. Whoever howng or lia~ng !'C"8.on A;o. •!!>!"\eve that an order directing ' anyperson..4, , . "ie-...,~ i,,,. be detained h.a, 'beeµ llla/lf:"'1.,i€,' Prig or cocoeate. clause (a) of sub-section_(2

•""•n•;=1arad to bo section 16 harbour, . ·or :Conceal, ,fillcJ, dotau,oa_. •'Person. · filial] %e ·J>fui:i>'J,Oq • 'With

· iinp:dsomnent ..- for -a ierm 'wltich

\ 1nay ~end lo iwo year, and ah.a]] also be liable to a Jme wh.icJ, may extend t one thousand n,pees. l!JxpZana,ion.-rn this ,Oction, the Word 'harbour' includes the supplying .a Parson with ah.e!ter, food, drink, ruoney, clothe,, anns, aruruunitinu

or means of conveyance, or the assisting a person_

by any rueau,, w.he&er of the same fillld asJ,;,,. · inbefore ei,umerated or -not, to •evade "\Ppreiieu- ·. ,,^\__^.

810n.. -.. . . . · · -

'(inserted, by W,,,'. Bengal Aot X.IJ; of 'W,18, seotirn_il.)

[No. 43, dated the 5tli 'June, 1949.j ~ . t

~ . .. --.. 7" [No48, datea tie 6ti 7ne,go,7•. - ··--·., . ··-

. ,

Provided that-

(a) the Provincial Government may, if a.nd ·so often as it thinks ft,

) in the case of an orderunder clause (a) of the .said sub-section, place before a Judge of the High Court in Caloutta the grounds on which the order is made, the representations, if any, made under section 18 by the person affected thereby, and such further materials as the Provincial Government may think :fit, subject to the following condition, that is to say, the person affected by the order shall - not be entitled to be defended or represented by any ·lawyer or other person before . the Judge, and, in accordance with the decision of the Judge thereon,- the Provincial Government shall issue an' order for the release ofthe person or for an extension of the period or' his deten- tion by such period or periods as may be determined by the Judge, and

(ii) in any other case, issue, after considering all the circumstances of the case, a fresh order to the same effect and subject to the same

. limitations as to duration as in the :first instance;

(b) notwithstanding anything hereinbefore contained. it shall be lawful £or the Provincial Government to release at any time, if it so thinks :fit any person in respect of whom an order under sub- clause (i) of clause (a) has been made."~ \--..

(Substituted by West Bengal Act XIX of 1948, section7.) [Yo. 43, dated the 6th June, 1949.7

vv««vu. au1 a UUuulavculut uz vlut uzutu 1u Luu uL tut

vehicle or apparatus seized within a period which is in the op11on of the Magistrate reasonable, he shall direct its return to the person from whom it was' seized.

Pages 8, 9-

i·. (Chapter'III.MPblic Safety and Order.Sections 18, 19.)

(

ol -" rs,s,

said Act, substitute the following

. . . .

The Wei Bengal Security Act, 1948. ,

HI 0f 1948.]

hereinafter in this section otherwise provided, an order made under Duration of orders sub-section (1) of section 16 shall madeunder section 16(1). be in force for such period not

. exceeding nine months, as may be specified in the order or for the period subsequent to the date of issue of such order during which this Act continues in operation, whichever is less, unless earlier cancelled by the authority making the order:

For section 17 of the

section, namely:-

'^\^,-.^"17.^Save^as

t^.

(3) in sub-section (6), omit the words, :figure, letter · and brackets "+other than an order of the nature referred to in eiause (b) of sub-section (5)"., (Omitted and substituted by West Bengal Act ![IX of1948, section 6.)

. [No.- 43, dated the 5th June, 1949.J \

Grounds ?

of order · of deten- :.:

tion to be- disclosed - to person affected

by the

order,

Control

ofuse ·

of loud, ·· speakers,. mega- · · phones,'

etc.

The West BenilSecurit Act, 1948.

of 1948.]

{ (Chapter' III.±Pt Safety and Order.-Sections 18, 19.j if any, made under section 18 by the person a:ffecteci thereby and such further materials as the Provincial Government may think ft and the Provincial Government shall, in accordance with the decision of the Judge thereon, issue an order of · release or a fresb\order of detention for such period not exceeding nine months as may be determined by the Judge:

. _Piovided also ihatbte person, affected by lie order s±an not- be entitled to be defended or represented .by any lawyer·or«other person before the Judge:

Provided further that the 'Provincial Govert±net ,n

~ .'> -'-flhe at liberty to release any .sh person at, any time notwith- standing any provision hereinbefore contained.

18. Where an order is made in respect of any person under clause. (a) of sub-section (1) of section 16, the authority making the order shall, within fifteendays after the order is made, communicate to the person affected thereby the grounds on which the order has been made against him except in so far as the said authority considers that disclosure of any fact would be against the public interest. and such other particulars as are in the opinion of such authority sufficient to enable him to make, if he wishes, a representation against the order and such person may at any time thereafter make a representation in writing to such authority against the order and it shall be the duty of such authority to inform such · person of his right of making such representation and to afford him the earliest practical opportunity of doing so. ,.;~.... ~

19. (1) The Provingil Government may, for the purpose of preventing or suppressing subversive-.acts, by general or special order, prohibit, restrict, regulate or imposeconditions on- ·

(i) the use or operation in any street, square, public place or other open space of any apparatus for amplifying the human voice, or any reproduction of the human voice, such as a megaphone or an electri- ally operated loudspeaker; and

(ii) the use, operation or driving in any street, square, public place or other open space of any vehicle which carries or has attached to it any apparatusreferred to in clause (i). () Any police-officer may take such: s and use such

force as may be reasonably necessary for - ring compliance with any, order made under this section and may seize any apparatus or vehicle in respect of which any contravention of any such order has in the opinion of such officer occurred :

Provided that any vehicle or apparatus seized by a police- officer under this sub-section shall be conveyed without delay before a Magistrate who may give such directions as to its temporary custody as he thinks iii, but if no prosecution is instituted for a contravention of the order in respect of the vehicle or apparatus seized within a period which is in the opinion of the Magistrate reasonable, he shall direct its return to the person from whom it was seized.

£ .I /;

.l > .,,

· [West Ben. Act p#, Wet Bengal Security 4oh 1948._ 22, (J} .!J

roay direct. (2) II any person !ails to comply with ,:n-j- \awful fuec-- tion gi::, .n to him under sub-section (1), he shall be punish· able w"iTh i,nprison,nent !or a tenn Lich may extend lg si:x. months or with £.ne or with both-

21, (J) II the Provincial Government is satisJied that the ·wearing in public ol any dress or article ol apparel· resembling any uni!oW> or part ol a ,ini!o= ,e,uired to be worn by o member ol Jiis Majesty's Forces or ol the Forces ol the Do,ninion o! India or by a ,nember ol any official Police J!o,ce or o! any force constituted under any law !or the ti,ne being in force would be Jike\y · to prejudice the public aalety, or the ,nalntenance ol public order, the Provincial Gove,nmeut ,u,y, by general or special order, prohibit or restrict the wesring or display in public ol any

a.ch dress or article of ape%'(2) ]!or \he puiposes of this section, a dress or an article ol apparel shall be deemed to be worn or displayed in public

ii it lil worn or displayed so' as to be visible to a person in any

place to which the public have access. g 1any person contravenes any order made under "

-ll;eotion, he shall 1 punishable with imprisonment for a W%""

ich may extend to three years or with Jine or with both-

(3) II any person contravenes any order made under tb.ie section, he shall be punishable with imprisoncroent !or a

term which m•Y extend to Jive years or with frne or with

both.

(3) Il any person oontravenes ,,,_y order ,uade under th'is ,ection, he shall be punishable with impriaonlUen'!·for 'I. te= wbich ,uay extend to t,h.ree years, or with frne:or with both, ~,a any Court trying such contravention may direct ha"Ph app3'ratu, or vehicle 3 epe€t of which, the Court is satisff that the order has been cmitravened· ,b.alf·be ior!"1ted tO Jilil Majesty. •• .• • _:_.· •· ·; : .^•^»·.au'..⁴e

a. (a p)e Pro=eial Govere#it±a, s6iea% special o,der'.' prohibit or restrict 3 Any. areaa sucf epet- •• cise, movement, evolution or drill o! a Litary natife as"

,nay be specifted in Le order.. "(2) e Provincial Govern,nent ,nay, by geneial or special order, w, • a view to securing that no unauthorised ewrcise,

movement, evolution or drill ol a inilit.ary nature lil per!onied at ,;ny place, prohibit, restrict or impose conditions on the

holaing ol, or taking part +, any suchamp, parade, me@

ing or assembly, or such class thereof, ,. ,uay be speciJied

4 he order- . . (Chapter zn.-Publia Safety and O,iJeT ..c-.Seotions 20---22-j Powers to require • ±he assis - ance of/J · certain persons. 10 Unofficial · uniforro.s, etc, l Unlawful drilling, I I'·\..oq ma. uad sect "\ \ \.

_ The West Bengal Security Act, 1948.- 11

!II of 1948.J

(Chapter IV.-Miscellaneous Provisions.Sections 23-25.), ,

CHAPTER IV.

l of 1872. Power to obtain

informa- tion.

Miscellaneous Provisions. . - .

28. (1) Without prejudice to any special provisiong con- tamed 1nth1s Act, the·Bromncgal Government may by order requll'e any. person to. -fui:msh 'br p:rq.duce to any specified authority·orperson. any such' information or article in his possession"as'may be specified in the order, being information, . «ora' article lieh the Provincial Government considers it .>negs@ry or expedient in the interests of the prevention or · suppression of subversive acts to obtain or examine:

Provided that-

(i) no editor, printer or publisher of a newspaper shall be required to furnish or produce any such infor- m~tion or article in respect of any matter published 'in such newspaper, and ~- ·~ (£i) no person shall be required to furnish or produce any information or article which, under the provisions of the Indian Evidence Act, 1872, he cannot be . compelled to furnish or produce.

(2)If.any person fails to furnish or produce any informa- tion or article in compliance with an order made under sub- section (1), he shall be punishable with imprisonment for a term which may extend to three years or with _fine or with both.

«!«2

' k_.

24. If any person when required by or under any of the False state. provisions of this Act to make any statement or furnish any ment. information, makes any statement or furniEhes any informa- tion which he knows or has reasonable cause to believe to be false, or not true. in any material particular, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

25. (1) If in the opinion of the Provincial Government Requisi- it is necessary or expedient so to do for preventing or tioning suppressing subversive acts or for maintaining supplies, and "1<£2,"% serv1ces essential to· the life of he community or for rehab-2.... litating persons displaced from their residences or shops due to communal strife, it may by order in writing requisition any property, l'/Jnoveable or immoveable, a.nd may male such further orders as appear to it to be necessary or expedient in connection with the requisitioning: .

Provided that no place or premises used for the purpose of rfiaious worship shall be reauisitioned under this section . -

(2) Where the Provincial Government has requisitioned anyproperty under sub-section (1), it may use or deal with the property in such manner as may appear to it to be 4ediet.

(3) Whenever in pursuance of sub-section (1), the Pro- ~ vmcial Government requisitions any moveable property, the oner thereof shal be paid such compensation as the Pro- vncal Governmef; may determ1e :

12 ^The^WestBengal Security^Act,1948.

. .

Provided further that, where immediately before the res quisition the property was by virtue of a hire purchase agre% ment m the possess1on of a person other than the owner, the. amount determined by the Provincial Government as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agree- ment, in such manner as an arbitrator ·appointed by,the Provincial Government in this behalf may decide to be just. · (4) Where in pursuance of sub-section (1) the Provincial Government requisitions any immoveable property, there shall be paid compensation, the amount of which shall be deter- mined in the manner, and in accordance with the principles, hereinafter set out, that is to say,-

(a) where the a.mount of compensation can be fixed by agreement, it shall be paid within three months ·in accordance with such agreement;

(b) where no such agreement can be reached, the Pro- vincial Government shall appoint as arbitrator a District Judge or an Addition.al District Judge;

(c) the Provincial Government may, in. any particular case, nominate a person having expert knowledge as

to the nature of the property requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose ;

(d) at the commencement of the proceedings before the arbitrator, the Provincial Government and the person to ,be compensated shall state what in their respective opinions is a fair amount of aompen.sa- tion;

· Ce) an appeal shall lie to the High Court against an. award of an arbitrator except in cases where the amount of compensation awarded does not exceed five thousancl rupees in ·lump or, in the case of an amount payable periodically, two hundred and fifty rupees per mensem;

(/) save as provided, in this,section and in any rulesmade thereunder, nothing¢mn any law for the time being in force 'shall app$y to arbitrations under this sub- section.

(5) Wb,ere any immoveable property requisitioned under· sub-section (Z) is to be r.eleased from requisition, the Pro- vin.cial Government may, after making such enquiry, ii an.y, l!.l. as it considers necessary, specify by order in writing· the ~ person who appears to the Provincial Government to be entitled to the possession ~£ such property.

[West Ben. Act

(Chapter IV.Miscellaneous Provisions.Section a.) Provided that where the owner of such property,, being aggrieved by the amount. of compensation so determined, makes an application for referring the matter to an arbitra- tor, the amount of compensation to be paid shall be such as an arbitrator appointed in this behalf by he Provincial Government may determine:

The West Bengal Security Act, 1948.

111. of 1948.J

(Chapter IV.Miscellaneous Provisions.Section 25.)

(6) The delivery of possession of the immoveable property requisitioned under sub-section (Z) to the person specifi~d in an order made under sub-sect10n (5) shall be a £ull d1s- charge of the Provincial Government from all liability in respect of such delivery, but shall not prejudice any rights in respect of such property which any other person may be entitled by due process of law to enforce against the person to whom possession of such property is so delivered.

(7) Where the person to whom possession of any immove- able property requisitioned under sub-section (1) is to be given cannot be found or is not readily ascertainable or has no agent or other person empowered to accept delivery on his behalf, the Provincial Government shall cause a notice declaring that such property is released from requisition to

. be affixed on some conspicuous part of such property and publish the notice 'in the Official Gazette.

(8) \i\Then a notice referred to in sub-section (7) is pub- lished in the Official Gazette, the immoveable property specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession there- of; and the Provincial Government shall not be liable for any compensation or other claim in respect of such property for any period after the said date.

(9) Where any immoveable property requisitioned under sub-section (1) is released from requisition, compensation shall. also be paid in respect of any damage done during the period of requisition to such property other than what may have been sustained by normal wear and tear or by natural causes. _When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agreement; where no- such agreement can. be reached, the matter shall be referred to an arbitrator and thereupon the provisions of sub-section (4) shall, as far as may be, apply.

(10) The Provincial Government may, with a view to requisitioning any property under sub-section (Z) or deter- mining the compensation payable under sub-section (3), by order-

(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be so specified; . ;i. •

() direct that th ner, occupier or person in possession of the property shall not without the permission of the Provincial Government dispose of it or where the property is a building, structurally alter it or where the property is moveable, remove it from the premises in which it is kept till the expiry of such reasonable period· as may be specified in the order.

(11) Without prejudice to any powers otherwise conferred by this_Act, any person authorised in this behalf by &he Provmcial Government may enter any premises between sunrise and sunset,and inspect such premises and any prp- perty therein or thereon for the purpose of determinino >

'II €

Tie Test Bengal Security Act, 1948. .or.vraemmama#ASANO#SUH

CHAPTER V.

· Supplementary and Procedural. , y

27. Any. person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contra- ention of, any of the provisions of this Act or of any order made thereunder, shall be deemed to have contravened that ' provision or, as the case may be, that order.

26. (Z) Save as otherwise 'expressly provided in this Ac, every authority, officer or person who makes any order in writing in pursuance of any provision- thereof shall publish or serve or cause to be served notice of such order in such manner as may bepescribed by rules made by the Provincial Government. " (gy Where this ct empowers an authority, officer or person to take action by noti£.ed order, the provisions of sub- section (Z) shall not apply in relation to such order.

(3) I in the course of any judicial proceedings, a question · arises whether a person was duly informed of an order made in pursuance o:£ any provision of this Act, t.ompliance with sub-section (/), or in a case, to which sub-section (2) applies, tb.e notification of the order, shall be conclusive proof that he was so informed, but a failure to comply with sub-section (Z)- ,, . .

(i) shall not preclude proof by other means that he had information o:£ the order; and

(ii) shall not affect the validity of the order.

(4) Any police-officer, and any other person authorised by the Provincial Government in this behalf may, for any pur- pose connected with the prevention or suppression of subversive acts or with maintaining supplies and services essential to the life of the community or for carrying out the provisions of this Act affix any notice to, or cat1Se any notice. to be dis- played on, any premises, vehicle or vessel, and. may for the purpose of exercising the power conferred by this section enter any premises, vehicle or vessel at any time. . •

(5) Any person authorised by the Provincial Government' in this behalf may, for any purpose mentioned in sub-section (4), by order direct the owner or other person in possession or control of any premises, vehicle or vessel to display any notice on, or in, the premises, vehicle or vessel in such manner as may be specifed in the order.

whether, and, if so, in what manner,. an order under this· section should be made in relation to such premises or pro- perty, or with a view to securing compliance with any order made under this section. ·

<;;i . (12) I£ any person contravenes any order made under this. section he shall be punishable with imprisonment for a term which may extend- to three years, o, with fine or with both.

west Ben. Act

(Chaten IV.-Miscellaneous Provisions.Chapter V- Supplementary and, Procedural.Sections.26,·.)

Attempts, etc., to contra- vene the provisions of the

Act.

Publics- tion -

and service of notices.

. \

\ ;

l j

XIX of

(Substituted ond inserled by West Bengal Aot

1948, section 12.) .[No. 43, <1,ate'd the 5th June, 1949-] Page 15-

In section. 30,-(J) in the pro,riso tQ sub-section (2), for the words , "fifteen · days" substitute the ;vmds ."\hirlY

aays"·and ' \. (ff/ in sub-section (3), after the ;vords "in addition to makin.B: such order •• m•Y ,ppeas" ins.,,-0 the

d'to the Provincial Governmen'>

Page 15

In section 28,- ) after sub-section (1), insert the foll6in ,3.\ section, namely:-

V\'¼i.J ·Any Police oi/foer, authorised in this behalf by

. general or special order 3p£ a , Deputy Commis- - .sioner of Police in Calcutta and the Supenin , tendent of Police elsewhere, may enter and searcb. any place, vessel, veb.icle, aircraft or animal and, for tb.at purpose, ·stop any vessel, vehicle, aircraft or animal and may seize an, commodity, article or tb.ing (including• any vessel, veb.icle, aircraft or animal) wb.icb., he_ has reason to believe, has been, is being or is about • to he, used in _contravening any order made under sub-section (1) of sectiqn 15.A. or for doing any otb.er subversive act.

· 64

. ..Emplanation.-Tu this sub-section 'Calcutta' 'has the -same meaning as iu ··section 13 ;"; and

(2) -for sub-section (2); substitute the following . sub-section, namely:- .· · \..(2) ything seized under sub-section ) ±an 1

conveyed, and any commodity, article' or

thing (including any vessel, vehicle; , aircra,ft

or animal) seized under sub-section (IA) shall

be reported, without delay before a Magis-.

trate who may give such directions as to the

temporary custody thereof ·as he may think ··

fit, so, however, that where no prosepution in

respect thereof .is instituted within a -period in a

his opinion reasonable, the Magistrate · may,

subject to the provisions of· any other- -law for

the time being in force, give such orders as to

the :final -disposal thereof as he deemsexpedient.'»

(lnserted and substituted by West Bengal Act XIX of1948, section 11.) [No. 43, dated the 5th June, 1949.]

lf~ . ·•·~. .. · ·, :,q . ',· ,,

r t

Special provision for

searches. General .power of arrest

without warrant. 15The West Bengal Secrity Act, 1948.

Ill of 1948.] -

(Chapter ].Supplementary and Procedural.

. Sections 2830.) ' .

· 28. (1) In any area in which the Provincial Govern- ment, as a-consequence of apprehended danger to the public in such area, notifies in the Official Gazette in this behalf, any police-officer iay in any road, street, alley, public place, or open space, stop and search any person in su_ch area for the purpose of ascertaining whether such person is carry- ing, in contravention of any law for the time being in force, any explosive or corrosive substance or liquid or any weapon of offence or any article which may be used as a weapon of offence and may seize any such substance or liquid together wih its container, if any, or any such weapon or article discovered during such search:

Provided that every such search shall be made with due regard to decency and that no woman shall be searched except by a woman. \'. .'4'a

(2) Anything seized under sub-section (1) shall be con- eyed without delay before a Magistrate who may give such directions as to its temporary custody as he may think fit, so however that, where no prosecution in respect of the posses- sion of such thing is instituted within a period in his opinion reasonable, the Magistrate may, subject to the provisions of any other law for the time being in force, give such orders as to the :final disposal o~ such thing as he deems expedient.

29. -Any .poJ.ice-offieer may arrest without warrant any person who is resp@bly suspected of having committed, _or of comm1ttmg a contravention of any order made under sect10n

13.

Powers of arrest

and

detention.

30. (1) Any police-officer not below the rank of Sub- Inspector, or any other ofcer of Government empowered in this behalf by general or special order of the Provincial Government, may arrest without warrant any person whom he reasq_nably suspects of having clone, of doing, or of being .about to clo any subversive·act.· . «

(2) Any officer who makes an arrest' in purs'nance orsub- section (1) shall forthwith report the fact of such arrest to the Provincial Government, and, pending the receipt of the orders of the Provincial Government, may, by order in writing, commit any person so arrested to such custody as the Provincial Government may, by general or special order, specify: ·

Provided that no person shall be detained lll custody_ under this sub-section for a period exceeding fifteen-days"

without the order of the Provincial Government.

(3) 0n receipt of any report made under the provisions of b-section (2),. the Provincial Government may, in addition to making such order as may appear to be necessary for _the temporary custody of any person arrested under this sect1on, make, in exercise of any power conferred upon it.. by any law for the time being in force, such :final order as to his detention, release, residence or any other matter concerning him as may appear to the Provincial Govern- ment m the circumstances of the case to be reasonable or necessary. ·

r ~ ·---·------ - --=---- ..^-^..^-a,^a. The West Bengal Security Act, 1948.

[West Ben. Act

(Chapter V.-Supplementary and Procedural, Sections 3133.)

Cogniz. 31. (1) No Court shall take cognizance of any alleged ance of contravention of the provisions of this Act or of any order contra- d h ] ventions ma e t ereun er, except on a report in writing of the facts of tho constituting such contravention, made by a public servant. 2]";;; . (2) Proceedings i respect ot a contravention o± • or orders provisions of this Act alleged to have been committed by made any person may be taken before the appropriate Court there- having jurisdiction in the place where that person is for theunder. time being.

(3) Notwithstanding anything contained in Schedule II to the Code of Criminal Procedure, 1898, a contravention Act V•of of the provisions of section 6, shall be triable a Court of 1898. Session, a Presidency Magistrate or a Magistrate of thefirst class.

(4) Any magistrate or bench of magistrates empowered for the time being to try in a summary way the offence specified in sub-section (1) of section 260 of the Code of, Criminal Procedure, 1898, may if such magistrate or bench of magistrates thinks fit, on application in this behalf being made by the prosecution, try a contravention of any such provisions of this Act or orders made thereunder as th Provincial Government may by notified order, specify in . this behalf, in accordance with the provisions contained in sections 262 to 265 of the said Code.

32. (1) .Any authority, officer, or person who is empowered by or in pursuance of the provisions of this Act to make any order, or to exercise any other power may, in addition to any other action prescribed by or under this Act, take, or cause to be taken, such steps as may, in the opinion of such authority, officer or person, be reasonably necessary for securing compliance with, or for preventing or rectifying any contravention of, such order, or for the effective exerciseof suchpower.

(2) were in respect of an:y ~f the provisions of this Act there is no authority, officer ur person empowered to take action under sub-section (Z), the Provincial Government may take, or cause to be taken, such steps as may in the opinion of the Provincial Government be reasonably necessary for securing compliance with, or preventing or rectifyingany breach of, such provision.

(3) For the avoidance of doubt it is hereby declared that the power to take steps under sub-section (1) or under sub- section (2) includes the power to enter upon any land orother property whatsoever.

33. (1) Subject to the prov1sons of section 491 3¢ the Code of Criminal P1·ocedure, 1898, 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 Aet, 1872, presume that such· order r of 1872 was so made by that authority. · Power to

give

effect to

orders,

ate.

Saving as

to orders.

i·

f i 17The West Bengal Secirit Act, 1948.

111 of 1948.]

s e (Chapter V.-Supplementary and_Procedural. Sections 3437.)

34. (1) No suit, prosecution or other legal proceeding 1:rotec~ shall lie against any person for anything which is in good on of faith done or intended to be done in pursuance of, this Act ?"$?"2? . or any order made thereunder. under the

(2) No suit or other legal proceeding shall lie against Act.. the Crown for any damage caused or likely to be caused «by anything which is in good 'faith done or intended to be done in pursuance of this .A.ct or any order made thereunder.

35. The Provincial Government may, by notified order, Delegation direct that any power or duty which is conferred or imposed 9Py9yer by any provision of this Act upon the Provincial Govern- , ,""

ment shall; in such circumstances and under such condi- Provincial tions, i£ any, as may be specified in the direction, be Govern- exercised or discharged also by any officer or authority ment1 subordinate to the Provincial Government.

36. (1) The Provincial Government may make ·-rules Power to for carrying out the purposes of this .A.ct.· . make rules. · # (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- " • ,

(a) the principles and the procedure to be followed in assessing, and in making the payment of, allowances and expenses re£erred to in sub-l:lection (2) 4Qf section 16;

;(b) the procedure to be followed in arbitrations and the

principles to be followed in apportioning the • ·

costs of proceedings before the arbitrator· and on appeal referred to in section 25; •

(c) the manner of publication and service Gil: notices referred to in sub-section (1) of section 26.

37. (1) Any order made or deemed to have been made, any ·saving an&. notification, issued or deemed to have been issued or any Repeal. ·- direction given or deemed to have been given under any provision of the Bengal Special Powers Ordinance, 1946, and in force immediately before the commencement of this Act shall continue in force and be deemed to be an order made, notification issued or direction given under the correspond- "

ing provision of this Act and any penalty incurred, action taken or proceedings commenced under any provision of the said Ordinance shall be deemed to have been incurred, taken or commenced under this .A.ct as i£ this Act were already in force when such penalty was incurred, or such action was taken or such proceedings were commenced.

(2) Te Bengal Ordinances Temporary Enactment .A.ct, 1947, in so £ar as it enacts and continues in operation, the provisions of the Bengal Special Powers Ordinance, 1946, ishereby repealed. Ben. Ord.

VI of

1946.

Ben. Act I of 1947. BGP-48I9-1161A-3,500