(1) This Act may be called the West Bengal Maintenance of Short title Public Order Act, 1972. and extent.
(2) It extends to the whole of West Bengal.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "essential commodity" means food, water, fuel, light or power and includes such other thing as may be declared by the State Government, by notification, to be essential for the life of the community ;
(b) "essential service" means any service connected with—
(i) public conservancy or sanitation, 51 The West Bengal Maintenance of Public Order Act, 1972.
[West Ben. Act (Chapter I.—Preliminary.—Sections 3, 4.)
(it) hospitals or dispensaries,
(iii) tramways or transport, whether provided by the State or by any other body, authority or individual, or
(iv) gas works, and includes such other services connected with the matters with respect to which the State Legislature has power to make laws and which the State Government, being of opinion that the maintenance of such service is necessary for the prevention of grave hardship to the community, may, by notification, declare to be essential service ;
(c) "notified" and "notification" mean notified and notification repectively in the Official Gazette;
(d) "prescribed" means prescribed by any rule or order made under this Act ;
(e) "protected place" means a place declared under section 6 to be a protected place ;
(f) "public servant" includes any public servant as defined in the 45 of 1860.
Indian Penal Code and any servant of any local authority 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 ;
(g) "subversive act" means any act which is intended, or is likely,—
(i) to endanger public safety and tranquility,
(ii) to organise, further or help the illegal acquisition,possession or use of—
(a) arms, ammunition or military stores as defined in the Arms Act, 1959; 54 of 1959
(b) explosive substances as defined in the Explosive 6 of 1908. Substances Act, 1908, or corrosive substances;
(iiz) to commit an offence of looting or raiding under this Act or to further or help the commission thereof.
Effect of the 3. The provisions of this Act and of any orders made thereunder provisions of shall have effect notwithstanding anything inconsistent therewith conthe Act when inconsistent tained in, any other law for the time being in force or in any instrument with other having effect by virtue of any such law.
law.
4. No prohibition, restriction or disability imposed by or under this Act, unless otherwise expressly provided by an order made by the State Government or by an officer specially authorised by the State Government 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.
Saving.
52 The West Bengal Maintenance of Public Order Act, 1972.
IX of 1972.]
(Chapter L—Preliminary.—Section 5.—Chapter 11.—Access to certain places.—Section 6.)
5. If any person to whom any provision of this Act relates or to whom any order made in pursuance of any such provision is addressed or relates or who is in 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, fails without lawful authority or excuse, himself , or in respect of any land, building, vehicle, vessel or other thing of which he is in occupation, possession or control, to comply with such provision or order, he shall be deemed to have contravened such provision or order.
CHAPTER II Access to certain places