Chandigarh act 012 of 1953 : The PUNJAB SECURITY OF THE STATE ACT, 1953

1983: PD. Act XT) SECURITY O

F STATE 935

THE PUNJAB SECURITY OF THE ST

ATE ACT, 1953

TABLE OF CONTENTS

Short title, extent and comm encement,

Sabotage.

Quasi-Military organizat ions,

Power to prohibit drilling. Wearing ox display of uniforms , flag, etc.

Power to prohibit meetings and processions.

Power to restrict movements o f persons,

Possession or conveyance of presc ribed documents.

Dissemination of rumours, etc.

Imposition of collective fines in danger ously disturbed areas.

Powers of search.

Offences under the Act to be cognizab le and non-bailable.

Protection of action taken under th is Act.

Repeal and savings.

The Schedule.

— 1953 : Pb. Act XII]

SEURITY OF STATE

957

"THE PUNJAB SECURIT

Y 0

SOS ee Punjab Act No. XII of 195

16th April, 1953. [Received the asset of the Governor P

uni

7 16th Ape 195 3, and was yd Fublished tn e Punja overn ment Gazette Ex t

of the 16th April

, 1953

(Extraordinary) _—_—_e

—nn

1 2

—|_ _

—

—_— -_

No. Year Short title Whether repealed by later legislatio n

xu | 1953 | The P unjab Security Ame nded by Punjab Act No. 6 of

of the State Act

, 1953 1942

Extended to the t erritories which immediately b efore the 1st November, 1956 , were com ris ed

in the State of P atiala and East Punjab States ae by

Punjab

Act No. 18 of

1958.

Amended by the Punjab R eorga-

nisation (Chan digarh) (Adap tation

f Laws on St ate and Concu rrent

Subjects) order,

1 68

An Act to p rovide for sp ecial measure s tO prevent ity of the State or t he

activities prejudicial to the secur!

maintenance of P — a

ublic order.

It is hereby enac ted as follows

:—

1, (1) This Ac

t may be:calle

d the Punjab

Security short tit le,

of the State Act

, 1953.

exten cement overnment Gazette

s, see Punjab G h Assembly, son z

edings in the 'Ror Statement o f Objects and R ea

(Extraordinary), dated 19th vierch, 1951, Pabe 336 + for prof

Punjab Legislat

ive Asscm ly De

bates, 1953.

ons, see punja

b Govern

y, 1954.

ns, seé punp

yob Govern

ment Gaze

tte (

ment Gaz

ette (Bxt

ra-

*Ror Siatement of Objects and Rea s

O-dinary), 1954, datod the 1 5th Februar

*For Statemoat of Ovjects ' fateim> tsan d Reaso

otdinary), 1958, Mo

OS K.

Extra- © Scanned with OKEN Scanner

958 SECURITY OF STATE [1953: Pp, Act Xi

(2) It extends to the whole of the Union territory of Chandigarh].

(3) It shall come into force at once. Sabotage. 2. (1) No person shall do any act wit h intent to impede the working of, or to cau se damage to,—

(a) any building, vehicle, vessel, machinery ap- paratus, or other Property used, or 'Intended. to be used, for the purposes of Government Or any loca] authority ; |

(b) any railway, tramway, road, canal, bridge, culvert, causeway, aerodrome, telegraph, telegraph line or teleg raph post ;

(c) any rolling stock of a railway or tramway of any aircraft ; tion with any ind ustry, business or establish ment of th © nature specified in the Schedule.

(2) The Provisions of i S ly in

ub-section (1) shall apply a (0 any omission on the part of , person to do mre Which he ~ under a duty, either to the Gove an th oF to any public authority or to any person, to a0; °Y apply to the doing of any act by a person.

Sy eetSOn approaches or is in the neighbour Hood of "DY such building, place or property as 1s i reasonabl sub-section (1) in circumstances which af an travene thar 7 ds for believing that he batends to at UD-section, he 3 to have ¢ tempted a contraventie Shall be deemed

N thereof.

(4) If any Person contr punish? one . Visions of this section, he shall "tend to two year Prisonment for a term which ats or with fine, or with both. Explanat; ave contrays Person shall be deemed to ned t "vened or attempted to have contravé

——" a

i tio'

marh\ Adopted BS wordsrguas nist

, i eorgan n Laws on Stare overoment' by the Puniab Reot a

the provisions of th is section if he he provisions of heranee of or oma do any eel in Pe

e of, a strike whi

is not illega!

un er any law

for the ti

in force.

| he time

being

3. (1 No person shal l take part in the or ganisation, Qusimilitary anagement or traimmng of, or be a member of Oeanis ations.

f persons organised o r trained or equipped ; 3 bo

he purpose of enabling them to be employed in

usurping the function of the police or

for the unauthorised use of displa

y of force.

(2) If any person c ontravenes the provis ions of sub-

section (1), he shall be punishable with imprisonment for qa term which may extend to one

year, OF with fine , or with

both.

4. The District M agistrate, if satis fied that it 1s Powe r Grilling.

necessary so to do 10 the interests of the security of the State or for the m aintenance of pu blic order, may; by

order in writing, prohibit. in any area specified i n _the

order, either abso lutely or subjec t to exceptions contained

in the order, the unauthorised pr actice of, or par ticipa

drill which

tion in, any exerc ise, movement, evolution oF

is either of a mi litary nature

or involves the use, or Prt-

paration for the organised use; o f weapons of off ence.

. W

earing OF dise possession, OF play 0

uniforms, flags

5. (1) No_ p erson shall ha ve im his

nner or

em-

"om wear, carry or d isplay, any unif orm, flag; ba blem which has b een declare

aie.

ment] by notifi cation in the O fficial Gazette to signify

association with any organisation

the Government. flag, ba

nner or

emblem

d to Gove

rnment.

arr -

displays

(3) If any p erson publi cly wears, Carries, or d isp

any such un iform, flag, banner or e mblem, he i al te

punishable with imprisonme

nt which may ext en

year, or with fine, o r with both. ee j

eanisatio®

ant'? t

e Punjab

Reorganis

os Gove

by ont Su

bjects)

order, 1

968.

n State and Cone

(2) Any such uniform, fla wherever found shall be forfeit e

Sub tit

( . stituted for the words Ss Chandigarh)(Adaptatio n of Laws ©

Power to pro- hibit meetings and proces. sions.

Power to restrict movements of Persons,

260 SECURITY OF STATE [1953 :

6. The District Magistrate necessary so to do for the mai may, by order in Writing, fr within such area and for suc months as may be specified j

(a) the holding of any procession tion in any public place :

7. (1) The [Central Governmen istri Magistrate, if Satisfied with respect a any partatt® Person that, with a View to Preventing him from acting In any manner Prejudicial to the Security of the State or the maintenance of public Order, it ig NECESsary so to do may by order in Writing, ive one or More of the follow. at such person—

(b) shal] Teside or remain in any area that may be Specified in the order : (c) shall Temove himself from, and shall not return to, any area that May be specified in

the order ;

(d) Shall Notify his Moven 1ents Or report himself In Such Manner and : al such times and to such agistrate, as may be specified in the order. (2) An order made unde; i In-

"lr Sub-section 1) (herein after referred to as @ restriction order) may Cease the Person in respect of whom it is made to entat into a bond, with or Without sureties, for the due Performance of the restrictions or Conditions Specified in the order. (3) No restrict than ion Order sh

(a) one Month, if made by a District Magistrate, an - all be Operative for moré

-* Substitute tion (Chandigarh)(A,

for the Words "State Go » ' anisa.

vernment'' by the Punjcb Reorg

daptation Of Laws on State and Concurrent Subjects) Order, 1968 CG Scanned with OKEN Scanner

— gf}

SECURITY OF STATE 26)

if made by the '{Central Govern- ar

p) one Yee"

(0) "nent]. a4) Government] mé

The Central so

may at

an f

st modify any restriction order made by a District

wagistrale An order made under clause (a) or clause (c

©) tion (1) may; if made by the

1 Central Govern. cify as the area {o which the order relates the spe

ment]; et 're or any part thereof only and, if made by the pole Se". i whor sistrate, specify as suc h area the whole or any

istrict deem

_ f the distri

ct only :

part 0

( no such order mad

e by the [Central

provided tha

a Government] shall direct the exclusio n or removal fr om

the State of any person ordinari ly resident in the State ;

and no such orde r made by the

District Magistra te shall

direct the exclusion OF removal fro m the district of any

person ordinarl^ly resident in the dis trict.

e after a rest riction order

made, the authorit y making the o rder shal! commun icate

to the person agains t whom the orde r is made, so far aS

such communicati on can be ma

de without d

isclosing

facts likely to enda nger public safet y or the security ©

the State, the groun ds on which the order has been mad e

and such other part iculars as are in its opinion adequat e

(o enable him to ma ke a representati on to the if Central Government] aga inst the order, and inform

him of his

tight to make such representation and shall afford him

the earliest opportunity of doing 80. Ma (7) When the

restriction order

is made by a Dist

ric'

G gistrate, he sha

ll forthwith rep

ort to the

Oe that

the order has

the grounds

as he it has

been made and

such

(8) a opinion, have a bearing

. n receipt o f < entat ion from

a pt

of a repres | !

Conte whom a cotriction order has been mad e, the

nore the Pee shall, as S00 VISOT i

stitu

(

y Council con id ue beon 1d d e.

to ' '

\7) together with the grou nds on which !

> Reorgani-

IS .

Sation copstituted f

handiearhy A th e words'? State Government

1968. andig arh) Adaptat ion of Laws 0" State and Concurrent

(6) As soon as m ay -

—

Possession conveyance prescribed cuments. |

62 SECURITY OF STATE [1953 ; pp Act * Act XyI

(9) The *[Central. Government] shall . Advisory Council consisting of a Chairman and jute members all of whom shall be persons who ate been, or are qualified to be appointed as Judges ee have Court, & High

(10) The Advisory Council shall, after Consider; material placed before it and, if necessary, after Cale' the such further informationfrom the [Centra] Sve INQ for or from the person concerned as it may deem new ment] oat its or to the *[Central Government] within 1am days from the date on which a represent a mend before it. s ation is placed

(11) After considering the report of . Council, the [Central Government] ee confirm. Cvset or cancel He restriction order. > Modify I2 particulars contained in any corres " ween the *[Central Government] and the Advisory Cae and the report made by the latter shall be confidential and notwithstanding anything contained in any law for the nay pea in saree no out shall be entitled to require

c servant to produce an t i . ments before it p y of the aforesaid docu

[7-A. Whoever contravenes. disobevs or neglec ). ; tS

to comply with any order made or direction given inidlor

ie aie 4, 6 or 7 of this Act, shall, on conviction, be

jable to be punished with imprisonment of either descrip-

boty may extend to one year or with fine or with

8. (1) Whoever, without lawful authority :—

(a) has in his possession, or

(b) carries for delivery to another person othe wise than through the post, 7

any document the importation of which re been prohibited under the Sea Customs Act, 1878, or in respect of which the et ee forfeiture has been made under any /aW i

ment which ean force, shall be punishable with imprist' eet which may extend to one year, or with fine or ™'

(2) Whoever intent; its hi ddres lonally permits his name or 4 Lo be used in order to facilitate transmission, throws?

'ie li or otherwise. t t whom it purports to be i ) men ntended, of any documy' ite With ine e described in sub-section ( 1), shail be punish of

Prisonment which may extend to one yea' wil it h fine or with both,

cern UDSLilute ort

(Chan dig arh) (Adaptation vos state Government" by the Punjab Reordeh aptatio y ts) O "Inse 1 ted Uy Punjab acne ou and Concurrent Subjects) y

ICURITY OF STATE 6 om Act xi] SECU 263 3: ° Dissemination of

195 whoever — rumoufs, etc, °

" eech, of kes any sp ( ) ma ards, whether spoken or written, or by

(b) &Y wort by visible or audible representations ot otherwise publishes any statement, rumour or report,

ity of the State, friendly relations with mines es. public order decency or morality, or amounts foreign ee uP Court, defamation or incitement to an rejudicial to the security of the State or the oertenance of public order, or tends to overthrow the main pe punishable with imprisonment which may extend see years or with fine or with both.

uch speech statement, rumour

or report under- 6

t] may, by notifi- Imposition _ of 0. (1) The *[Central Governmen , iposition

cation sae official Gazette, declare the who

le or any {p ""aneerously

part of the State to be a dangerously disturbed area. disturbed areas.

(2) The 1[Central Government] or the District Magist- rate if satisfied that the inhabitants of any dangerously disturbed area— ~

(a) are concerned in the commission of offences or other acts which are prejudicial to the se- curity of the State or the maintenance of law and order, :

(b) have been harbouring persons concerned in the commission of such offences or acts, . ; may impose a collective fine on the inhabi- tants of that area.

(3) An or 'ub-Section (2) Ommissio

Ment] a amen nd th der made by the District Magistrate under Shall be reported forthwith by him through ner of the Division to the 1[Central Govern- e [Central Government] may there upon >» VCry or rescind such order.

ion (a substit . i

Toe Chandigarh) oF the words "State Government"? by the Punjab Reorganisa- : (Adaptation of Laws on State and Concurrent Subjects) Order, © Scanned with OKEN Scanner

~_ =

264 SECURITY OF STATE [1953

(4) The authority IMposin & the f£ (2) may exempt any person or class df T SUD. ge ,y: Inhabitants from liability to pay any portio c SClign

(5) The District Magistrat e€, afte , may waar necessary, shall apportion the feuity as h collect Wey fi o pay toa ne pnhabi lants Whoa I™Doseq » and such apport; re liabls OF he according to the District Magisooment : € respective means of such inhabitants , * udgmen; any per revenue € Or as atrears of bind

of search. 11. The power to issue Searc]

Ch Warrants co Cal nferred by vei ik culin c Jng the warrant has reason (o believe is cing used or js int €nded to be an Purpose mentioned in that clause nsed for any

and the 'af .

apply (0 searches n° ee said Code Shall, so far as may be, ; ade under the authority of any Wwar- under this section, the disposal of any property seize

nder

punishable wie COgnizable and shall ie en nape ae is

'MPrisionmen{ for a raion which may

"xCeeding one year, be non-bailable. %

vot!

SECURITY OF STATE 265

| ygs3 + PP 7" :

| No suf, prosecution or other legal Proceed. Protection aa of qoainst any person for anything which is in ther this fA" ' er this Act. jie < g * intended to be done under, or in pursu

ing "+, done or faith o°

soe" of,

this Act.

No sui of other legal proceeding

s shall lie against

al Government) of exc

ept with the sanction

1 ur

, the (eicentral

Government] again

st any of its officers

any damage caused or li

kely to be caused by any

thing

4 good faith done or int

ended to be done under or

v yance of,

this Act.

_ The Punjab Security

of the State Act, 1951 Repea

presi dent's Act No.

I of 1951); and

the Punjab Scie

n land savings.

State (Amendment

) Act, 1951 (Presiden

t's Act

led ; but notwiths

tand- e

of of 1951), are hereby

repealed

repeal , any order made,

notification or direction

ointment made or action

taken in exercise of

ther of the said Acts,

onferred by or under

mmediately before the

commencement: of

this Act shali, in so

faras itis not inco

nsistent with the

provisions of this Act,

continue inforce and

be deemed to

have been made, issue

d, done or taken u

nder the corres-

ponding provisions of t

his Act asif this Act

was in force on

the day on which such

thing was done or

action was

taken and all the provisi

ons of this Act shall a

pply accor-

dingly.

THE SCHEDULE

[See section 2 (1) (a) the powers C l

and in force

}

(a) The maintenance and working of naval , military

ailways, ar tr ansport In-

inland water and air force wor ks, fT

cluding aerodromes, canals , Inia

transport, road (ransport , telegraph: telephone, broadcasting and postal services hospitals an services connected with the safeguarding 9

the public health, mines, fire- brigades, printing

presses ;

All undertakings relating to

(6) the manufact ure, storage, or distribution oF

stores or equipment r equired by Govern for its departme nts or services » Wubsti *

Chand Ie eRe ae Sa eon one SHE

tate and Conc 'garh) ( Adaptation of Laws on jab Reorga

nisation

ye piects

) order,

1968.

i. [1953 : Ph, ¢ Act (c) any system of public concey Xt] tion ; Snsetvaney oy sani

266 SECURITY OF STATR

(d) the upkeep of roads and bridges .

(e) any industry, business or estahy; gaged in the production or sunt foment en of light, heat power, water or Motive ful |

(f) any industry, business or establish | : | ment gaged in the production or supply to the put of any commodity essential to the life of t

community.