fd'i leu1 K i r r L d d b d i i O b defied] 1, Uic U'ih J'Jii-uaru x e n d s to the Union territory of Himachai Pradesh the Punjab Security of die ' iq te 'Act 1053 (Puniah Ar-1 XII of 1S53), as amended, by the Punjab Security 1 the State (Amendment) A d , b'.d- (Punjab Act VI of 1954). and as at present n fovcp in the State of Punjab ! herein alter in this notification referred to as r c< p p _L i e ^ e r e i ^ of the power:, conferred by section !•' oi the Union T e r n a r i e s ' D ( L a w S ) ^ A c t / 1950 (30 of fObO), J j i o , . t o i ^ ^ e n i m o £ h j e b y e of the ' sa id Act ;^ subject To lbe ' ' fo i l iv ing modifications namely:- Modijications In the said Act—
(1) for the words "Stale Government" wherever they occur, except in sub "Section (2) of section 13, the words "Lieutenant 'governor of Himachal Pradesh" shall be substituted;
(2) for sub-section (2) of section 1, the following shall be substituted, namely.— "(2) It extends to the whole of the Union terr i tory of Himachal Pra desh";
(3) in sub-section (3) of section 5, for the words "Official Gazette", the words "Himachal Pradesh Gazette" shall be substituted;
(4) in sub-section (5) of section 7,—
(i) for the words "the whole State" the words "the whole of the Union terri tory of Himachal Pradesh" shall be substituted;
(ii) in the m-oviso. for the words "from the State of any person ordinarily resident i n ' t h e State", the words "from the T ion territory of Himachal. Pradesh of any person ordinarily resident in that terri to ry" shall be substituted;
(5) in section 10,—
(i) in sub-section (1), for the words "Official Gazette", the words "Hima- ~ c'hal Pradesh Gazette" shall be substituted and. for the word "State", the words "Union terr i tory of Himachal Pradesh" shall be substituted;
(ii) in sub-section (3). the words "through the Commissioner of the Divi sion" shall be omitted;
(6) in sub-section (2) of section 13,.for the words "State Government or except with the sanction of the State Government, against any of its officers" the words "Central Government or the Lieutenant 'Governor of Himachal Pradesh or, except with the sanction of the said Lieute nant Governor, against any of the officers under his administrative control" shall he substituted;
(?) section 14 shall be omitted.
The text of the said Act as modified is published as an annexure to this noti fication.
ANNEXURB THE PUNJAB SECURITY OF THE STATE ACT, 1953 (PUNJAB ACT XTI OF 1953) AS AMENDED BY THE PUNJAB SECURITY OF THE STATE (AMENDMENT) ACT, 1954 (PUNJAB ACT VI OH 1954).
An Act to provide for s-pecial mecumrcs to prevent activities prejudicial to the security of the State or the maintenance of public order.
It is hereby enacted as follows: —
1. Short title, extent and commencement—(1) This Act may be called the Punjab Security of the State Act, 195S.
(2) It extends to the whole of the Union tesritovy at H i m c h a l Pradesh.
i. i - 6 •;",'(.:!: \: K-J-:i'- ibnaehai Pradesh o;
••nlar person that, w h n a vie v.- P' ;.re\ en Li : U / ' P I \ \ P.'
''•.••) riiO Liii. eicnani Governor Oj -'f-:ct to any partirem ai-uji! judicial to tht; security ol the P i P o or i h a ' m a m P n a n e e oVpubl ^ ! i aimer preoi public order, it is necessary so ro ao may ov o.ai-r m w r h P f . give- on,, or more cf the i'ollowine directions, o c , tha i such person—
(a) shall not enter, reside or remain in any area that may be specified in the order;
(b) shall reside or remain in any area thai; may be specified in the order;
(c) shall remove himself from, and shall not return to any are?1 tha t mav be specified in the order;
(d) shall notify his movements or report himself, in such manner and at such times ana to such Magistrate, as may be specified in the order.
(2) An order made under sub-section (1) (hereinafter referred to as a restricnon order) may require the person in respect of v/hom it is made to enter into a bone, with or without sureties, tor the due performance of the restrictions or conditions specified, in the order. . '
(3) Wo restriction order shah be opera Live for more: than
(a) one month, if made by a District Magistrate, and
(b) one year, if made by the Lieutenant Governor' of Himachal Pradesh.
(4) The Lieutenant Governor of Himachal Pradesh may at any t ime cancel or modify any restriction order made by a District Magistrate. i-aiicei oi
(5) An order made under clause (a) or clause (c) of sub-section (1) may if made by Pie Lieutenant Governor of Himachal Pradesh, specify as the area to which the order relates the whole of the Union terr i tory of Himachal p r S ™ any part thereof only and if made.bv the District M a S a ^ c n f I s S area the whole:,or any par t oi the district only: y
Provided that no such order made by the Lieutenant Governor of Himachal Pradesh shall direct the exclusion or removal from the Union S r i t o r v of Himachal Pradesh of any person ordinarily resident i n t h ^ t e r r , tory; and no such order made by the District Magistrate shah direct the exclusion or removal from the district of any person ordinarily resident in the district. ^ l u l i d m '
(6) As soon as may be after a restriction order iP made the authm-ifv - m ^ ; ™ the order shall communicate to the person against~wnoim the Wd!zs made sc faf as such communication can be made without disclosing facts hkely to e n d a n S public safety or the security of the State, the ground! on which the o r d S has been made and such other particulars as are in its op in ionadequa te to enabl l him to make a representation to the Lieutenant Governor of Himacfial P r a S h * E T \ ^ f d e r i * " " 1 V ± 0 r m h i m o f h i s " S h t to make such representatfon a?d shall afford him the earliest opportunity of doing so. ^epxesemanon and has been made, the grounds on which it nas 'been m S f S d ^ h ^ V a r t i c S S s •as, in his opinion, have a bearing on the. ease. particulars (S) On receipt of a representation from the nerson ao-ai-nct TI-I-^-. A • +• order has been made, the Lieutenant G o v e r n e d o f f i n a c h a T p U d ' T l J ? ^ 1 0 1 1 as may be, place it before the Advisory Council S . M \ m l f ' a P S ° 0 ^ together with the grounds on which it has teen made d e r s u b " s e c t l Q n » C o m S i l ^ i s l S r o f f ^ ^ ? £ ? ^ i ^ ^ ^ ^ t u t e an Advisory
(10) The Advisory Council shah, after considering the material M - P ^ K r it and, if necessary, after callin" fov --,,,-.:, frr-i-hP-,- X , ' i p , P n i i , r e U c d Placed before Governor of m ^ h J ^ ^ ^ ' ^ ^ Z l 1 t t i n e i " fo rmat ion from the Lieutenant
(11) After considering the report of the Advisory Council t ^ T ™,+fl ' * Governor of Himachal Pradesh may confirm, m o d & V ^ c e i % ^ S QH nf"+?°^ e*f o f .search-—The power to issue search warran ts conferred by section to issue w S r a n t s tor— P r o c e d u r e , 1898, shall be deemed to include, the power
(a) the search of any place, in which any Magistrate mentioned in that section has reason to believe that any offence under this Act or any act prejudicial to the security of the State or the maintenance of public order has been, i s being, or is about to be, committed, or that m a d ? commission of any such offence or act is being
(b) the seizure in or on any place searched under clause (a) of anything which the officer executing the, war ran t has reason to believe is being cTaeuse°r 1S m t e n d e d t 0 b e u s e d f o r a n y P u r P ° s e mentioned in that ^ a t h e n f r 0 v i f ! ° n ^ 0 f t l i e s a i d C o d e s h a l l > s o f a r a s m a y b e - a PPly to searches made a n y ^ l S S n f ^ ^ e V ^ ^ ? ^ ^ S t ^ ^ ^ ^ S ^ under this Act shall be cognizable and shall, if the offence i punishablewith I — ' f o r a t e ™ which may extend to a period exceeding one y e a r ^ b e 13 Protection cf action taken under this Act.—(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which i» £ good faith done or . intended to be done under, or in pursuance of, this Act.
n,. $ Nr°- SV" 0 1 \ 0 , ? e r l eSal proceedings shall lie against the Central Government or ,Jhe. Lieutenant Governor of Himachal Pradesh or, except with the sanction of the said Lieutenent Governor, against any of the officers under his administrative control, for any damage caused or likely to be caused by anything in goodI faith done or intended to be done under, or in pursuance of, this Act.
14. Omitted.
; THE SCHEDULE [See section 2 (1) (d) ] All undertakings relating to—
(a) the maintenance and working of ir.ival, military and air force works railways air transport including aerodromes, canals, inland water transport -road transport, telegraph, telephone, broadcasting and postal services hospitals and services connected, with the safeguarding of the public health, mines, fire-brigades, pr int ing presses; ° U d m m g 0 I t n e
(b) the manufacture storage, or distribution of stores or equipment required by Government for its departments or services;
(c) any system of public conservancy or sanitation;
(d) the upkeep of roads and bridges;
(e) any industry business or establishment engaged in the production or supply to the public of light, heat, power, water or motive fuel; or
(f) any industry business or establishment engaged in the production or supply to the public of any commodity essential to the life of the community.
[No. F. 4/6/60-Judl.II-UTL.lO.]
K. R. PEABHTJ, By. Secy.