(1) The State Government may, by notification, make Power to rules for carrying out the purposes of this Act. make rules.
The West Bengal Maintenance of Public Order Act, 1970.
11 20 Of 12704
20. (I) No Court shall take cognizance of any alleged Cognizance contravention of the provisions of -this Act or of any order made of contra. thereunder, except on a report in writing of the facts constituting T irol' such contravention, made by a public servant duly authorised provision by the State Government in this behalf.
(2) Proceedings in respect of a contravention of the of the pArecie: provisions of this Act alleged to have been committed by any made person may be taken before the appropriate Court having juristhere- diction in the place where that person is for the time being.
under.
5 of 1898.
(3) Notwithstanding anything contained in Schedule II to the Code of Criminal Procedure, 1898, a contravention of the provisions of section 8 shall be triable by a Court of Session, a Presidency Magistrate or a Magistrate of the first class.
(4) Any Magistrate or bench of Magistrates empowered for the time being to try in a summary way the offences 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 such provision of this Act or any order made thereunder as the State Government may, by notified order, specify in this behalf in accordance with the provisions contained in sections 262 to 265 of the said Code.
21. (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any civil or criminal Court.
(2) Where any order purports to have been made and signed by any authority in exercise of any power conferred by of 1872, or under this Act, a Court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.
22. No suit, prosecution or other legal proceeding shall lie Protection against Government or any person for anything which is in good of action faith done or intended to be done in pursuance of this Act or takenany order made thereunder. muter the Act.
23. The State Government may, by notified order, direct that any power or duty which is conferred or imposed by any provision of this Act upon the State Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged in Calcutta, also by the Commissioner of Police, the First Land Acquisition Collector or the Second Land Acquisition Collector, and elsewhere, also by the District Magistrate, and Additional District Magistrate or a Special Land Acquisition Officer.
Explanation—In this section "Calcutta" has the same mean-ing as in sub-section (2) of section 19.
Delegation of powers and duties of the State Govern.
ment.
Saving as to orders.
12 The West Bengal Maintenance of Public Order Act, 1970.
(President's Act 20 04 10704 Reasons for the enactment The Bill seeks to make special provision for the maintenance of public order by the prevention of illegal acquisition, possession or use of arms and explosive substances and the suppression of subversive activities endangering public safety and tranquillity. The existing laws being inadequate for dealing with the abnormal law and order situation in West Bengal, it is essential to enact this Bill containing provisions designed to meet the present needs.
2. The Committee constituted under the proviso to sub-section (2) of section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970 (17 of 1970), has been consulted before enactment of this measure as a President's Act.
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