(1) This Act may be called the Tripura Security Act,
1980. |
(2) It extends to the whole of the State of Tripura.
(3) It shall be deemed to have come into force on and from the 26th day of January, 1980.
(4) This Act shall remain in force upto and inclusive of the 25th day of January, 1985 :
Provided that the State Government may, from time to time by notification in the Official Gazette extend the period as aforesaid for such period not exceeding two years at a time as may be specified in the notification ; so, however that the total period of such extension (after the expiry of the 25th day of January, 1985) shall not. exceed ten years; and wherein such notification is issued a copy thereof shall be laid as soon as may be before the Legislative Assembly of Tripura.
(5) Upon the expiry of this Actor upon the Act or any part ceasing to be enforced, section 6 of the General Clauses Act, 1897 shall apply as if this Act or any part thereof had then been repealed by a Tripura Act.
Definitions.
XLV of 1860, CN of 1956.
Ben, Act 5 of 1909, 37 of 1954.
X of 1955.
2A. ‘Inc A xf , unless there is anything repugnani 2: the subject or contcxi,—
(1) ‘‘anti-social” means a person who, th. ¢ .
(a) is generally reputed to be desperate and
(b) (C)
(d)
(e)
(f)
(g) dangerous to the community :
Provided that a person shall not be deemed to be desperate and dangerous to the community only because of his participation in democratic movement, trade union activities, labour or peasent movement ; or either by himself or as a member or leader of a gang, habitually commits or attempts to commit or abets the commission of offences punishable under Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, 1860; or has been convicted under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or has been convicted not less than twice under the Bengal Excise Act, 1909 as extended to the State of Tripura; or has been convicted under the Prevention of Food Adulteration Act, 1954; or has been convicted for offences of gambling, black marketing or illegal money lending by any criminal court; ofr either by himself or & an agent of any person act or deal with any esserffial commodity in a manner which is prejudicial to the maintenance or supplies and services essential to the life of the community ;
(2) “essential commodities’ means any essential commodity as defined in the Essential Commodities Act, 1955 and include such other thing as may be declared by the State Government by a notification to be essential for the life of the community ; ~ LIV of 1959.
VI of 1908.
(3) “‘prescribed’’ means prescribed by any. order or rule made under this Act ;
(4) “protected place” means a place declared under section 14 to be a protected place ;
(5) “protected area’? means an area declared under section 15 to be protected area ;
(6) ‘“‘public servant” includes any public servant as defined in the Indian Penal Code and any servant of any local authority or railway administration and any person engaged in any employment or class of employment which the State Government may, from time to time, declare to be employment or class of employment essential to the life of the community ;
(7) ‘“‘subversive act’ means any act which is intended or is likely —
(a) to endanger — - (i) communal harmony, or
(ii) the safety or stability of the State ;
(b) to organise, further or help the illegal acquisition, possession or use of—
(i) arms, ammunition or military stores as defined in the Arms Act, 1959 ;
(ii) explosive substances as defined in the Explosive Substances Act, 1908, or
(iii) corrosive substances ;
(c) 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 loyalty of such persons ;
(d) to impede, delay or restrict— 14 of 1947, Effect of the provisions of the Act when inconsistent with other law.
Saving.
Gi) any means of transport or locomoti necessary for the production, procurement, supply or distribution of «iy essential commodity, except in furtherance of an industrial dispute as defined | in the Industrial Disputes Act, 1947,
Explanation—(i) Acts bonafide indicating disapprobation of the policy or measures of the Government witha view to obtaining 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) The illegal acquisition, storage or movement of an essential commodity shall be deemed to be an act which is intended and is likely to impede, delay and restrict the operation necessary for the procurement, supply and distribution of such commodity for the purposes of sub-clause (d).
3. The provisions of this Act and of any orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.
4. No prohibition, restriction or disability imposed by or under this Act, unless otngrwse expressly provided by an order made by the State Government or by an officer specially authorised by the State Goverhment 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.
Non-compliance with the provisions of the Act or any orders made thereunder.
Externment, ¢tc.
of anti-socials.
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5. If any person to whom any provision of this Act relates or to whom any order made in pursuance ofany such provision is addressed or relates or who is in occupation, possession or control gof any land, building, vehicle, vessel or other thing to which guch 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 other thing of which he ts in occupation, possession or control, to comply with such provision or order, he shall be deemed to have contravened such _ provision or order.