• s REGISTERED No. D. 221.
fc he ^MZXU m 0 ItiMa gaffed EXTRAORDINARY FART n— Section 3—Sub-section (I) PUBLISHED BY AUTHORITY No. 74 ] NEW DELHI, TUESDAY, JUNE 27, 1961/ASADHA 6, 1883 MINISTRY OF E032E AFFAIKS NOTIFICATION New Delhi the 27f/i Jms, 1961.
G.S.R. 830.—In exercise of the powers conferred by ruction 2 of the Union Territories (Laws) Act, 1050 (XXX of 1950) the Centra ^ n ^ ^ f | heieby « - tends the West Bengal Security Act., 1950 West Bengal Act XIX ot 1950) as now in force in the State of West Bengal, to the Union Terr i tory of Manipur, subject to the following modifications, namely: — MODIFICATIONS In the said Act,— 1 For t h e expression "State Government" wherever it occurs the expression "Chief Commissioner" shall be substituted and there shall also be made m any sentence in which that expression occurs such consequential amendment as the rules of grammar may require,
2. In section 1, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely: — "(2) It extends to the whole of the Union Territory of Manipur.
(3) It shall come into force at once."
3. In section 2—
(i) before clause (1), the following clause shall be added, namely,— 'Tal) "Chief Commissioner" means the Chief Commissioner of Manipur;"
fil) for clause (2). the following clause shall be substituted, namely: — '(2) rtgooada" includes a hooligan or other rough';
(111) arter clause (3), the following new e&$vm hajIJ !- tas&rl id, n a m e l y : - - X4) "Official Gazette" means the Mampiw Gazette',' *^y y330 TKJi gA&rrjne &$ I N D I A liXTP^AORDlisrAAt I£AKT i i
4. In sub-section (1) of section 10, lor clauses (bj and (c), the following clauses .shall respectively be substituted, namely: — "(b) any road, canal, canal embankments, protective bunds, sluice-gates, lock gates, bridge culvert, causeway, aerodrome (.as oehned in tne Indian Aircraft Act, 1934), air-iisid, air-stiip or any installation there on or any telegraph line or post (as defined in the Indian Telegrapn Act, 1885);
(c) any vessel or aircraft;"
5. In section 17—
(i) in sub-section (1), the words "the Commissioner of Police in Calcutta and" and the word "elsewhere" shall be omitted; and
(ii) sub-section (3j shall be omitted.
Q. In sub-section (3) of section 20, for the words "the State", the word "Govern ment'' shall be substituted.
7. In sub-section (1) of section 21, for the words "West Bengal" wherever they occur, the words "the Union territory ol Manipur" shall be substituted.
3, In sub-section (1) of section 21B—
(i) the words "The Commissioner of Police in Calcutta and" and the word "elsewhere" shall be omitted; and
(ii) the Explanation shall be omitted.
9. In sub-section (3) of section 23, foi the word •"State", the word "Government" shall be substituted.
10. In section 29,— >
(i) in sub-section (1), after the words "due to communal strife", the words "or for any other matter .connected with public interest" shall be inserted; and
(ii) in sub-section (3), for tiie words "High Court" wherever they occur, the words "Court of the Judicial Commissioner of Manipur" shall be substituted.
11. In sub-section (2) of section 32—
(i) the words "a Deputy Commissioner of Police in Calcutta and" and the word "elsewhere" shall be omitted; anu
(ii) the Explanation shall be omitted.
12. In sub-section (3) of section 34, the words "a Presidency Magistrate" shall be omitted.
13. In section 33—
(i) the words ' i n Calcutta, also by the Commissi oner of Police, the First Land Acquisition Collector or tiie Second -Land Acquisition Collector, and elsewhere," shall be omitted;
(ii) for the words "Special Land Acquisition Officer", the words "Land Acqui sition Officer" shall be substituted; and
(iii) the Explanation shaJi be omitted.
14. Sections 40 and 41 shall be omitted.
SEC. 3 (i)] THE GAZETTE OI INDIA EXTRAORDINARY y~ AKTTEXUEE THE WEST BENGAL SECURITY ACT, 1950, AS EXTENDED TO THE UNION TERRITORY OF MANIPUR.
An Act to make special provision for the maintenance of public, order by the pre vention of illegal acquisition, possession- or use of arms, the suppression of subversive movements endangering communal harmony or the safety or stability of the State and the suppression of goondas and for maintaining supplies and services essential to the life of the community, Whereas it is excedient to make special provision for the maintenance of public order by the prevention of illegal accnusition, possession or use of arms, the suppres sion of subversive movements endanparing communal harmony or the safety or stability of the State and the siicDrensirm of goondas and for maintaining supplies and services essential to the life of the community;
It is hereby enacted as follows:—
CHAPTER I PRELIMINARY t. Short title, «xient. s^mmi en lament S&S duration.— (I) This Act may be called the West Bengal Security Act. 395(1
(2) It extends to the whole or the Union terri tory of Manipur.
(3) It shall come into force at once.
(4) It shall remain in force until the 25th day of January . 1966.
2. Definitions.—In this Act unless there T r f ^ y t K i n f Repugnant ' ' in the subject or context.— (a l ) "Chief Commissioner" means the Chief Commissioner of Manipur;
(1) "essential commodity" means food, water, fuel, light or Dower and in cludes such other thins; as mav he- declared by the Chief Commissioner by notification to be essential for the life of the community:
(2) "goonda" includes a hooligan or other rough;
(3) "notified" and "notification" mean notified and notification respectively in the Official Gazette:
(i) "Official Gazette" means the Manipur Gazette:
($) "m-escribed" means prescribed by any order or rule made under this Act;
(6) "protected place" means a place declared Under section 6 to be a protected place:
(7) "Drotectsd area" means an area declared u:&lep section 7 to be a protected area;
(8) "Public servant" includes anv public servant as defined in the Indian Penal Code (Act XT,V n* W$8i and any servant of anv local authority or railway administration and Rriv vei-snn engaged in any emnloyment or class of employment which the Chiof Commissioner may. from time to time, declare to he emnlovment or class of employment essential to the life nf the cemmnnttv;
(9) "subversive act" means any act which is intended or is likely—
(a) to endanger—
(i) communal harmony, or
(ii) the safety or stability $£ the State:
(b) to organise, further or help the imgM acquisition, possession or use of— ii) arms, ammunhinn QV m Hi tar" stores as do fined in the Indian Arms Act, i97i] tti of mm,
(ii) explosive substances ass defined in. the Explosive Substances. Act, 1908 (VI of I8$m, or
(iii) corrosive substances;
c 7 /33» THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(c) to further the activities of goondas; • (&) to prejudice the recruiting of, or the attendance of persons for ser vice m, any police force or fire brigade or any other body •• ofpersons entered, enrolled or engaged as public servants or to tamper with the loyally of such persons;
(e) to impede ; delay QH restrict—
(i) any work or operation, or
(ii) any means of transport or locomotion, necessary for the production, procurement, supply or distribution of any essential commodity, except in furtherance of an industr ial dispute as defined in the Indus trial Disputes Act, i947 (XIV of 1947).
Explanation.—(i) Acts bona-fi.de indicating disapprobation of the policy or measures of the Government with a view to obtain their alteration by lawful means shall not be deemed to be acts which are intended or are likely to endanger the safety or stability of the State.
(ii) An illegal strike or an illegal lock-out, as denned in section 24 of the Industrial Disputes Act, 1347, shall not be deemed to be an act in furtherance of an industrial dispute for the purposes of sub-clause (e).
(Hi) The illegal acquisition, storage or movement of an essential commo dity shall be deemed to be an act which is intended and is likely to impede, delay and restrict the operation necessarv for the procure ment, supply and distribution of such commodity for the purposes of suQ-clauae (e).
3. EiTect tit the -psavMons ot the Act when inconsistent with other law. The provisions of this Act and of any orders made thereunder shall have effect not withstanding any thing inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by vi r tue of any such law.
4. Saving,—No prohibition, restriction or disability imposed by or under this Act ; unless otherwise expressly provided by an order made bv ttt3 Chief Com missioner or by an officer specially authorised by the Chief Commissioner in this behalf, shall apply to anything done by, or under the direction of any public-- servant acting in the course of his duty as such public servant. ' .,-->>.
5. Wom-eomyUmee with the provisions of the Act or any orders EEtadte thereunder.—If any person to whom any provision of this Act relates or to whom any order made m pursuance of any such provision is addressed or' relates or who is m occupation, possession or control of any land, building, vehicle, vessel or other thing to which such provision relates, or in respect of which such order is made—
(a) fails without lawful authority or excuse, himself, or in respect of any land, building, vehicle, vessel or ether thing of which he is in occu pation, p-dssessifin or control, to comply with such provision or order, he shall be deemed to have contravened such provision or order.
(b) omitted.
CHAPTER II ACCESS TO CERTAIN PLACES AMD AHEAS
3. Protected glae«s.-^(i) If as respects any place or class of places the Cfrpf Commissioner considers it necessary or expedient in the public interest or in the interest of the safety and security of such place or class of places that special precautions should be taKen to prevent the entry of unauthorised persons, the Glass; CommiESiorisr may by order declare that place, or, as tha case may be, every place pf tnat class to be a protected place and thereupon, for so long as - t i e order is in agree, such pla.ee or every ulace of such class, as the case may be shad be a protected place for the purposes of this Act.
(2) No person shall, without the permission of the Chief Commissioner cr ot any person in autfAormy connected with the protected place clulv authorised by hie Chief Commissions? in this behalf or o! the District Magistrate or of the Sub-ctivrsional Magistrate having iurisdiction, enter, or be on or in or pass over, any protected place ••md no person shall loiter in the vicinity of any such olace.
http://bona-fi.de http://pla.ee m 3 (i)] THE GAZETTE 01- INDIA J£XTKAURDINARY t ly^fto^/STS S Ŝ ESfti ( 2 ) a ^ * ¥ # * > ^ r a n t e d P a s s i o n «*j m „JVUJ oy me dUuionty which granted the permission.
e x c e ^ ' b y l woman° * * • " * S U a l J b S E e a r C h G d i n • » « « « « 0^ «• • sub-section
(5) If any person contra ven:s any provision of this section then wiihnnt 7 Protected a2*3S.—(l) If the Chief Commissioner considers it necessarv nr expedient in the public interest or in the interest ol the w f tv • L t ^ £ 5 S 8 2 \ any area to regulate the entry of person/intot-hat area thl c S e f C o S s L e r may mthout prejudice to any other provisions of this Act, by order d e c l a r e d ? aria to be i protected area; and thereupon, for so feag -is the order i?\r.HftfJS £ iarea shall be a protected area for'the purposes of this l e t °G' SUCh C2J On and after such day as may be specified in, and subj ct to anv ever™ ions tor which provision may be made by, an order made un lei rabSS CD, no person WHO was not immed ately before the slid S v W2M™,4 £, *sJf , declared to be a protected area by the said order 1 all be therem « S r t in C®) Any police officer or anv rtthe£ i^tsofi aut^nri^'l in tiUc ******** I « Chief Commissioner, may search anv ^ L n " S „ SP k m M ? ! ^ t h e being on or j i V or leaving, a p r o t e c t a r e ^ M a n ^ S i c i * v e S e S a l or e x c e p T b y i £ £ ( £ W * " P " ^ * ^ ^ ^ & ' ^ ^ « t h i s * * * * * * *
(4) If any person is in a protectee; utr-a in esntreirt»nfWi «.- n-,-. „„-, • • this M-aon, then, without pi-ejudieT g < " o t S K c ^ S l i n * ? % £ $ ? Z 1 & & taken against him, he may he removed t h e r k i W ^ b ? or m K <K? ^ m ? y b?
any police officer on duty in the profcectk M ^ W * ^ £ ^ K , direction of m this behalf by the Chief C o m m ^ i o r ^ Y * C" P 6 r S Q n «***«*»* sjyo?t^sg£ & a&fffssaa ^sts^ieni & a° f, a pirt may extend to three years or with m i e o r ' w i r f bofaf a t&m wluch ^ ^ ^ ^ J ^ ^ ^ ^ ^ f c ? ^ ^ ^ * * « • * * * ^ effect M H I j t a c i or aiSi, or ' J , l t v e » h l n * 9* controlling access to, 'in « U * t ^ i n S^gg j t f t oa , to m «J fi» e i ^ or attempted sntry iVom or with n i • with both. watcri ms> ext ud to five years
9. Omitted.
' 340 THE GAZETTE OF INDIA EXTRAORDINARY [PART U
CHAPTER III " -fL PREVENTION OF SUBVERSIVE ACTS 10 Sabotage.—(1) No person shall do any act with intent to injuriously affect, whether by impairing the efficiency or impeding the working of anything or m any other "manner whatsoever, or to cause damage to,—
(a) any building, vehicle, machinery, apparatus or other property ussd or intended to be used, for the purpose of Government or any local authority;
(b) any road, canal, canal embankments, protective bunds, sluice-gates, locfcgates, br idg: , culvert, cause way, aerodrome (as defined in the Indian Aircraft Act, 1934 (XXII of 1934), airfield, airstrip or any installation thereon or any telegraph line or post [as defined in the Indian Telegraph Act, 1885 (XIII of 1885)];
(c) 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) anv prohibited place as defined in sub-section (8) of section 2 c i the Indian Official Secrets Act, 1923 (XIX of 1923).
(2) The provisions of sub-section (1) shall apply in relation to any omission on the part of a person to do anything which he is under a duty imposed on him by any law or an order of any competent authority to do, as they apply to the doing of any act by a person.
(3) If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a te rm which may extend to seven years or with fine or with both.
11. Penalty for subversive acts.—If any person commits any subversive act he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both. ~>,
12. Omitted.
13. Omitted.
CHAPTER IV PUBLIC SAFETY AND ORDER
14. Punishment for carrying or possessing any corrosive substance.—Any person who carries on his person or knowingly has in his possession or under his control any corrosive substance 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 carrying 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 ba added.
15. Definition of looting1.—Whoever commits dacoity, robbery, theft, or theft in a building, vessel or vehicle or criminal misappropriation, if 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 law and order has been completely restored m such area, or
(c) in circumstances such that a person whose proper ty 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. I SEC- 3 ©] THE GAZETTE OF INDIA EXTRAORDINARY 341
16. Use ci force So slop looting—Any police officer may use such force as mav t i necessary even to the causing of death in order to stop the commission of the offence of looting within his view. commission 01 nie «^l}Ji^*Z,~7&l) F o r % maintenance o f P u b l l c order or on grounds of public security or tor he prevention of smuggling the District Magistrate may, sul ject to the control of the Chief Commissioner by order direct that, subject to any exemp- Uon specified in the order, no person 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 ot a written permit granted by a specified authority or
(2) If 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) Omitted.
* ~ J F * w e n t o * n t of sections 127 and 12S of the Cude oi Criminal Procedure S c I S E e , c t l 0 n s 127 and 12U of the Code of Criminal Procedure, 1893 (Act V of ±o9o,, ior the words ''or officer in charge of a police station" t h ; words "or any police officer of or above the rank of a head constable" shall be substituted.
19. Control of processions, meetings, etc.—(1) The Chief Commissioner may, by general or special order, prohibit, restrict or impose conditions upon, the holding of or taking part in processions, meetings or assemblies which, in his opinion are likely to disturb communal harmony or public order or tranquillity.
(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 section, he shall be punishable With imprisonment for a term which may extend to Hire.- years or with fine or with both.
gfl. Control of movements of commodities, articles or things,—(I) If, in the opinion of the Chief Commissioner, it is necessary or expedient so to do for preventing or suppressing subversive acts or for maintaining supplies and services essential io the life of the community, he may, by general or special ord^r, prohibit or restrict the movement of any commodity, article or thing (including any vessel, vehicle, aircraft or animal) either generally "or between any particular-places or on any particular route.
(2) Every order mads under sub-section (1> shall remain in force for such period not exceeding three months at any one time as may be specified in the order.
(3> If any person contravenes any order made under sub-section (1), he shall be punishable with impvisonment for a term which may extend to three years or with fine or with both ;.m;l the Court trying the offence shall order that the commodity article or thing (includins any vessel, vehicle, aircraft or animal) in respect ot which the offence has been committed shall be forfeited to Government.
21. f e w e i ta inalM on'.s:^ t&^ttimng the m o v e m e n t m- actions of certain persons.—(1) The Chief Commissi oner, if satisfied with resoeet to anv navicular person that he is doing or is about to do or is likely to do anv subversive "act mav with a nzw to pi-even ting him from doing such act, make an order— (a'j dh-i-'rin;.! th •->•*. except in so far as he may be - e m i t t e d by the 0 revisions Ot the stdaf, or i•, such authority or person as mav be specified therein.
he shall not be in any such area or place in the Union Territory of ftani&uy as may be specifted in the order;
&3 ffi ' ' ' ' '•';' ; •'•• •'•• "•''!' or remain in such place or within such even io p e i ' i ! irril pry ot Manipur as mav be specified in the order and « he is no1 already there to proceed (o that place or area within such fin!!? as may be specified in I he order;
icj requiring him to notify bis movements or to report himself or both to • Ins movements and report himself in such maimer, at such times a.id to such authority or person as may be specified in the order- 34-2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(d) imposing upon him such restrictions as may be specified in the order to respect oi' his movements, in respect of his association. o_r ccmmu.mefition with other persons, and in respect of his activities in relation to the dissemination of news or propagation of opinions.
(2) An order made under sub-section {).) shall be served on the _ person in respect of whom it is made in the manner provided in the Code of Criminal Pro cedure 1303 (Act V of 1398). for service of a summons, and upon such service such person shall be deemed to have had due notice thereof.
(3) If any person is in any area or place in contravention of an order made under the provision of this section, or fails to leave any area or place in accordance with the requirements of such an order then, without prejudice to the provisions of sub-seetion (4), he may be removed from such area or place by any police officer or by any person acting on behalf of the Chief Commissioner.
(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.
?1A. Advisory Eonvtl—(1) The Chief Commissioner shall specify in every order made under sub-section (1) of section 21, the grounds for the order; and the person in respect of whom the order has been made shall be entitled to send "^representa tion to the Chief Commissioner against the order so as to reach the Chief Commis sioner within twenty-one days of the date of the service of the order.
C2"! The Chief Commissioner shall, within seven days from the date of the receipt of the representation referred to in sub-section (1), or where no such representation is received within the oeriod. referred to in that sub-ssetion. within twenty-eight days from the d?te of the service of the order, place before an A.dvisory Board.
constituted under sub-section (61, the grounds for the order and the representation, if any, received within the period referred to in sub-section (1).
(3) The Advisory Board shall, after considering the grounds and the representa tion, if any. placed before it under sub-section (2), and after calling for and consi dering such further information, if an:*, as it may deem necessary in the interests of justice. from the Chief Commissioner or from the person in respect of whoni_ the nrder has been made, report to th? Chief Commissioner within one month and a half from the date of the service of the order, whether or not in its opinion ther**1 is sufficient cause for the order.
(4"> If the Advisorv Board is of opinion that sufficient cause does not exist for the order, the Chief Commissioner shall forthwith cancel the order.
(5") If the Advisorv Board is of opinion that there is sufficient cause for the order, the order shall continue for a period of six months from the date of the service of the order, but the Chief Commissioner may at any t ime before the expiry of such period of six months, cancel the order.
(6) The Chief Commissioner shall, for the purpose of this section, constitute one or more Advisory Boards- everv such Advisory Board shall consist of three members anoointed by the Chief Commissioner, two of whom shall be persons who are cr have been cr are qualified to be appointed as judges of a High Court.
(7") Where there is a difference of opinion among the members of an Advisory Board, the opinion of the majority of such members shall be deemed, to be the opinion of the Board.
21B. Power $1 p£0to$?9$tfii&& e t c , -jj^rsoiig m ci&pfect of wfaim OMB'S has 5J«CU ^ a d p uiuiet section 21(1) fa).— (1) The District Magistrate may. if so required by the Chief Commissioner, direct a r-ersop in respect of whom an order under clause
(a) of sub-secticn (1) of section 21 has been made that such person shall—
(a) permit himself to be photographed:
(h) allow his finger and thumb impressions fo be taken; i -
(c) furnish specimens of his handwriting and signature: aud
(d) attend at such times and places as may be necessary for all or any of ttis foregoing purposes and such person shall comply wi th such direction, SKC 3 (i)] T H E GAZETTE OF INDIA EXTRAORDINARY •• :>43 tin
(2) If any person fails to comply with or attempts to avoid any direction erven T d e r sub-section (1) he shall be punishable with imprisonment f L a term w S c h .nay extend to three years or with fine or with both,
22. Omitted.
23. Control of use of loud-speakers, megaphones, etc.— (l) The Chief Commis ' ^ 0 n ^ L ^ i 7 , ? r t b e p,u^°se °A F ^ e n t i n g or suppressing subversive acts, by general or special order, prohibit, restrict, regulate or impose conditions on— ^ n e i d i
(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 repro duction of the human voice, such as a megaphone, or an electrically operated loud-speaker; 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 apparatus referred to in clause (i).
(2) Any police officer may take such steps ancTuse such force as may be reason ably necessary for securing 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 m the opinion of such officer occurred:
Provided that any vehicle or apparatus seized by a police officer under this subsecion shall be conveyed without delay before a Magistrate who may give such directions as to its temporary custody as he thinks fit, but if no prosecution is S S * S b X ? a ^^T'f oi *Jf o r ? s r i n respect ot t h e vehicle or apparatus S g 2 & T *l a P f * 3 £ W h l C h 1S m t h e ^ p i n i o n o:e t h e Magistrate reasonable, he shall direct its re turn to the person from whom it was seized.
(3) If any person contravenes any order made under this section, he *hall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and any Court trying such contravention ' may direct that M Y apparatus or vehicle in respect of which the Court is satisfied that the order M* been contravened shall be forfeited to the Government. M * B W B a t i n e o r c l e r n a s "
24. Unlawful drilling:.—(1) The Chief Commissioner may, by general or special r i ? n A r ° S „ 0 r r £ f n C t m a n V r e a m SUxil exercise, movement, evolution or drill of a mili tary na ture as may be specified in the order.
(2) Omitted.
(.3? I I a n ^ person contravenes any order made under this section, be shall be punishable with imprisonment for a term which may extend to five years or with fine or with both. ' WJ
25. Unofficial uniforms, etc.—(1) If the Chief Commissioner is satisfied that the wearing in public of any dress or article of apparel resembling any uniform or part of a uniform required to be worn by a member of the Union Forces or b ? a mem ber of any Police Force or or any force constituted under any law for the time belnff S o r C f h W °A l d HP*3*- *? P^judice tbe public safety, or the maintenance 3 P u b T i r order, the Chief Commissioner may, by general or special order, prohibit o - reVtHct the wearing or display in public of any such dress or article of apparel t s m m
(2) For the purposes of this oeetlon. a dress or an article of ar-par-i A a * U, deemed to be .worn or displayed in public if it is worn or d i s c e d so as to be visible to a person in any place lo which the public have access.
(3) If any person contravenes any order made under this section he du l l b * iiue or with both.
m. Omitted CHAFTT3R V i&mmi&mm® PROVISION :;
fco a fmtxmmU hi this Act the Chief o S U S S S may by ord^r S u i r e l n y S 0 furnish or produce IO any specified authority or person any such i f o r m n i - \ rI cle U tes BMMMlaa as may be specified In the order, S & l m S S S ^ £ fT£> W 344 THE GAZETTE OF INDIA EXTRAORDINARY [PART II article which the Chief Commissioner considers it necessary or expedient in the interest 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 an;', such information or article in respect of any matterpublished in such newspaper, and
(ii) no person shall be required to furnish or produce any information or article which, under the provisions of the Indian Evidence Act, 1872 (I of 1872), he cannot be compelled to furnish or produce, (1A) No information furnished in pursuance of an order of the Chief Commis sioner under sub-section (1) shall be used in any prosecution against the person by whom the information has been furnished.
(2) If any person fails to furnish or produce any information or article in com pliance 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.
28. False statement,—If any person, when required by or under any of the provisions of this Act to make any statement or furnish any information, makes any statement or furnishes any information which he knows or has reasonable cause to believe to be false, o r net t rue in any material particular, he shall be punishable with imprisonment for a t e rm which may extend to three years or with hue or wi th both.
29. Requisitioning- of property.—(1) If in the opinion of the Chief Commissioner it is necessary or expedient so to do for preventing or suppressing subversive acts or for maintaining supplies and services essential to the life of the com muni ty or for rehabilitating persons displaced from their residences or shops due to communal strife or for any other mat te r connected with public interest, he may by order in writ ing requisition any property, moveable or immoveable, and may make such further orders as appeal' to him to be necessary or expedient in connection with the requisitioning:
Provided that no place or premises used for the purpose of religious worship shall be requisitioned under this section.1
(2) The Chief Commissioner may use or deal with any property requisitioned under sub-section (1) in such manner as may appear to him to be expedient.
(3) The Chief Commissioner shall pay compensation for any property r e quisitioned by him under sub-section (1), and the principles according to which and the manner in which such compensation is to be determined and given.
..shall be as follows:—
(a) where the amount 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 amount of compensation shall be such as an arbi trator appointed in this behalf by the Chief Commissioner may award:
Provided that in the case of immoveable property, the arbi t ra tor shall be a District Judge or an Additional District Judge;
(c) in awarding the amount of compensation, the arbi t ra tor shall have regard to the pecuniary loss at tr ibutable to the requisition and to any other circumstances which he considers to be jus t and proper;
(d) in the case of immoveable property, the Chief Commissioner may, in any particular case, nominate a person having expert knowledge as to the nature of the proper ty requisitioned to assist the a rb i t ra tor and where such nomination is made, the person to be conipensatec\ , may also nominate another person for the said purpose; f
(s) an. appeal shall l ie to the Court of the Judicial Commissioner of Manipur against an award of the arbi trator except in cases where the amount of compensation awarded dees not exceed five thousand rupees m lump or in the case of an amount payable periodically, two hundred.
and fifty rupees per mensem;
• 0 * *** 3 &3 THE GAZETTE OF INDIA EXTRAORDINARY 345
(1) in the case of moveable property where immediately before the r e quisition, the property was by vir tue of a hire purchase agreement m the possession of a person other than the owner, t&fc total com pensation payable in respect of the requisi t ion shall be apportioned between that person and the owner and in default of agreement, in such manner as the arbitrator referred to in clause (b) may decide to be just and proper;
(g) the amount awarded as compensation by the arbi t ra tor or ordered to be paid by the Court of the Judicial Commissioner of Manipu^ on appeal in cases coming under clause (e) shall be paid within three months of the date of the award or order made b y the a r b i t r a t e or the Court of the Judicial Commissioner of Manipur.
(h) save as provided in this sub-section and in anv rules made under section 39, nothing in any other law for the t ime being in force shall apply to an arbitration under this sub-section.
(4.) Wliere any immoveable property requisit ioned under sub-section (1) ia to be released from requisition, the Chief Commissioner mav, after making such enquiry, if any, as he considers necessary, specify by order in wri t ing the person who appears to the Chief Commissioner to be enti t led to the possession of such property. j
(5) The delivery of possession of the immoveable proper ty requisitioned under sub-section (1) to the person specified in an order made under sub-section (4) the person to whom possession of such property is so delivered.
CB) Where the person to whom possession of any immoveable property r e quisitioned under sub-section (1) is m> 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 Chief Commissioner shall cause a notice declaring that such property is released from requisition to be affixed on some conspicuous par t of SUib property and publish the notice in the Official Gazette.
(7) When a notice referred to in sub-section (6) Is published 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 thereof; and the Chief Commissioner shall not be liable tor any compensation or- oLher claim in respect of s.uch property for any period after the said date.
(S) Where any immoveable property requisitioned under sub-section (.1) is released from requisition, compensation shall also be paid in respect of' anv damage done dur ing the period of requisition to such proper ty other than trtt&f may have oeen sustained b y normal wear and tear or by na tura l causes. When the amount of such compensation can be fixed by agreement it shall be »ai& in accordance wi th such agreement; where no such agreement can" b - reached the matter shall be referred to an arbi t ra tor and thereupon the "provisions of suo-section U) whien are applicable to immo-cable proper ty shall a3 far a i may be, apply. • " '
(9) The Chief Commissioner may, with a view to requisit ioning any proper ty under sub-section (1), by order— " I ^ U ^ I ^
(a) require any person to furnish to such authori ty as may be specified m the order such information in his possession rela t ing to the" orope r ty as may be sO specified; " ' " l
(b) direct that the owner, occupier or person in possession at tfafe oropertv shall not witnout the permission of the Chief Commissioner* dlsoose or it or | where the property is a building, strucLurallv al ter it or wnere the property is moveable- remove it from the' premises in which It is kept, till the expiry of such reasonable period as may he specmed m the order.
THE GAZETTE OP INDIA EXTRAORDINARY [PART II fif ̂ itTSil&^S i^»^ssary md wi,hm such t,me as * it" may specify in the order.
a E r ^ S d ' a n d ^ e ' c S u S ? shall i e recoverable iron, the o-ner « 8 a.
•or with fine or with both. ' is f,\ ciaarp DR otherwise expressly pro-
30. Publication and s # « S t f S & 0 * person who makes any order in videcl in this:- Act, ^ f e 5 r > ^ | ^ i ^ ' ^ o ^ a l l publish or serve or cause ^ i r v e I U S ^ V L c T o S e 7 ^ ^ manner as may be proved m pdprescribed in this behalf. ^ ^ ^ ^ ( a ) Where g ^ ^ ^ ^ J S m ffi *W 58 **# & * * * « by notified order, the provisiuub ^ " : ; " ; t l course of ^ ^ ^ l ^ ^ a ^ W ^ l & apphes. ^ f ^ S ^ t f J S S ^ sub-section ( D - ^ so informed, out a failure t P h g i n i o r m a t 1 0 n of
(i) shall not preclude proof b y other m^ the order; end m s h a l l not affect the validity of the order.
CHAPTER VI SUPPLEMENTARY ATTO PROCEDURAL • -,,-,~ ,,-s #?ts« As>i —Anv person who
31. I ^ M X S S t e ; or abets, or a t t empt . '*0«gJ> °- 0 ^ a n y o r t i e r made •thereunder, » «« •thereun— r ^ •=•/• may be, that OSMS such search :h search: regard to decency , a -iT-a.il bf1 made witR cme HS^M*«* *s .
-' and "that no woman http://-iT-a.il ***J (yj THE JMZETTE Q]r INDIA E X T R A O R D f W ' 4 the fe^ aircraft or animal and, f o i t f i t 0 L o i J £ ? ? a r c h a n ^ P l a c e - vessel, vehicle, anunal and may se i ze ' any c o n m K a r t i c l e S ^ I S ^ - V f ^ a I r c r a f t » vehicle aircraft or animal) w f f T t e ^ f t f S l ^ a n ^ v e s s e l - or is about to be used in rn^h-avf inw t f i e a , s o n t o believe, has b^en, is being section 20 or for d o ^ l n ^ l Z S V i k 0 ^ * * * U n d e r ™b^™ &$%
(3) Anything seized under sub-section m OTMII V.* J modify, article or thing S S S v e s S t e n c ! e % c o n v e f y e d ' a n d any cornunder sub-section (2) shall b e T e n o r ed w & ™ r S S * S ^ or animal) seized may give such d i i ^ t t o S H s to S t S i J ^ ^ L S S * *et0TS t & Magistrate who at, so, however, that w h i r ? j ^ p S l e c S g ^ e ^ S A S f I S 8 ? ^ y t h L n k
33. General power of arrest without warrant .—Anv oolice officer wis*, *™«* n f ^ J T ^ a n y P f r S ° n W h 0 i s reasonably s u i t e d of S R 3 S S 3 3 or of committmg a contravention of any order made under s e c t i o n ! ? * ' a e S k 1 ^ ^ W ? S ? l « ^ <>JL' ^ . w o v i s l o n s of the Act or orders made u i e i e imae v — (,i) JNO Court shall take cognizance of any alleged contravention nf the provisions of this Act or of any order made thereunder e x c e m o n a S n o r t Q i i i „ 2 2 i P , r O C u e c U n l S i n r e s P e ^ ° | a contravention of the provisions of this Act n l ^ f a t i V h a V f £ e e n e e p m i r t e d b y . a i w person may be t aken before The ap~ thne bein h a v m 2 jurisdiction m the place where that person is for the :(3) Notwithstanding anything contained in Schedule U to the Code of Criminal Procedure, 1398 (Act V of 189$ a contravention of the provisions of section 10 shall be triable by a Court of Session, or a Magistrate of the first
(4) Any Magistrate or bench of Magistrates empowered for the t ime being *o try m a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1893, may, if such Magistrate or bench of Magistrates th inks 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 the Chief Commissioner may, by notified order, specify in this behalf in accordance with the provisions contained in sections 262 to 265 of the said Code.
35. Omitted.
36. Saving as to orders.—(1) No order made in exercise of any power con ferred by or unde r this Act shall be called in question in any civil or criminal court.
(2) Where a n order purports to have been made and signed by any authority in exercise of any power conferred by or unde r this Act, a Court shall within the meaning of the Indian Evidence Act, 1372 (I of 13721, presume that such order was so m a d e b y that authority.
37. Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is or is deemed to have been hi good faith clone or intended to be clone in pursuance of this Act or any order made or deemed to have been made thereunder .
(2) No suit or other legal proceeding shall lie against Government for anv damage caused or Likely to be caused by anything which is or is deemed to have been in good faith done or intended to be done in pursuance of this Act or any order made or deemed lo have been made thereunder .
^ 33. Delegation of powers and duties of the Sta te Government.—The Chief Commissioner may, by notified order, direct that any power or duty which is conferred or imposed by any provision of this Act upon the Chief Commissioner snail, m suca circumstances and under 'such conditions, if anv as may be specified m the direction be exercised or discharged also by the District Magistrate" an Additional District Magistrate or a Land Acquisition Officer 4 g THE GAZETTE OF INDIA i JULY 1, 1961/ASAPHA 10, 1383 [PART H-SILC. \i)] ' 39. Power to make rules . - ( l ) The Chief Commissioner may make rules 4 ^ carrying out the purposes of this Act. * m Tn particular and without prejudice to the generality of the &£fgoi»g p o S l u c r S m k y provide for all or any of the followmg matters, name ly . -
(a) Omitted.
rator and on appeal referred to in section 29, m the manner of publication and service of notices referred to in sub section (1) of section 30.
[No. F. 5/4/Gl-Judl. II-UTL-35.]
K. R. PRABHU, Dy. Secy.
_ ^ T O T , , n I ? I ™[ 3 Y T I I E GENERAL MAKAGER, GOVERNMENT OF INDIA FRESS, S S DELHI K i 3 THF MANAGER «R PUBLICATIONS, DELHI, 196*