(1) This .A.ct may be called the West Bengal Short' . :Security .A.ct, 1948. title,- --?).I extends to le»whole»6 wesBegl.'.· , 2pi?"" • ! « 4+ 4 3) The Provinga!overmet may, .by notification, ?2?]?"
direct that all or aaf of the provsons of th1s,Act shall come ·and into force in the whole or in any part of he province ofWest daratig» · Bengal on such· date as may be sped'.6,_ed m the notifcaton and may, by like notification, direct that the said provisions · or any of them shall cease to be in force in the said province or part, as the case may be,· on such date as may 'be specified in the notification. \. .
(4) It shall, in the first instance, remain in force for a period of one year; provided that if a resolution in that behalf is, before the date on which under this sub-section it would otherwise have ceased to operate, passed ib:i@.the Provincial ·Legislatur~ it shall continue in force #f further period of one year from such date.
2, In this .A.ct, unless there is anything repugnant in Defithe subject or context,- nitions.
(1) "essential commodity" means food, water, fuel, light, power or any other thing essen.tial £or the existence of the community which is notified in this behalf by the Provincial Government;
t $ ·(2) "goonc1a" has. the same meaning as rin the Goondas .A.ct, 1923 3 · Ben, Act I of 1923.
#-i:'JJI;.;s$s s•. . ~ XI of 1878•. f.1· · ;
criss.el ·,a The West Bengal Security Act, 1948.
[West Ben. Act (Chapter I.-Preliminary.Sections 3, .)
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''notified'' and "{'notification'' mean notified and noti fication respectively in the Official Gazette;
'·'prejudicial report" :means any report, statement or visible representation, which, or. the publishi;u.g of which, is, or is an incitement to the commission of; a subversive act as defined in clause 7; ..
"prescribed" means ,prescribed by any order made under this'Act; yN "public servant"· inclucles any public servant as defined in the Indian Penal Code and any servant .:9f any Act XLV • local authority or railway administration.~' · of 1860.
"subver~ive act" means any act which is intended or .
is likely-
(a) to endanger- () comm±al harmony, or • (ii} the- safety or stability of the Province;
(b)
(7)
(6)
(6)
(3)
(4) to 'organise, further or help the illegal acquisition, possession or use of.:-- (i~ arms, ammunition or military stores as defined in the Indian Arms Act, 1878,
(ii) explosiy,e substa.nces (as defined in the Explosive Substances Act, 1908), pr .
(iii) corrosive substances or liquids;
(c) to further the activities of goondas;
(d) 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 loyaltyof such persons;
(@) to impede, delay or restrict any work or any means of transport or locomotion necessary for the supply or distribution of any essential commodity except in furtherance of an industrial dispute as defined in the,Industrial Disputes Act, 1947. XIV.or. '° ·.-- · . . . . . 1947.Eplanaton.-yActs bona fide rnchcatmg chsapprobation of the policy or measures f the Government with a view to obtain their alteration by;lawful means shall not be deemed to be acts mhich are i ),nded i:i'r are likely to anc1anger the safety or stability of e province. _.
3.' The provisions of this Act and of a~ orders made thereunder shall have effect notwithstanding anything incon sistent therewith contained in any other law for the time being in foco or in a.ny instrument having effect by virtue· of any such law. .
4. No prohibition, restriction or disability imposed by or under this Act, unless ot];ierwise expressly provided by an order issued by the Provincial Government or by an officer· specially authorised by the Provincial Government in this.
behalf, shall apply to anything done by, or under the direc tion of, any public servan.t~ acting in the course of his dut:.v· as such public servant. e, ·..
2 a Effect of the pro visions of the Act when incon sistent with other law.
Saving.
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I, 1
9.
{3) · Where in pursuance o.f .sub:Section (2) any person is granted permission to enter, or to be on or in, or to pass over a protected place, that person shall, while acting under such per.mission, comply with such orders ·for regulating hie conduct •as ··may be given by the Provincial Government.
(4) Any police officer, or any other person authorised i this behalf b the Provincial Government, may search any person entering, or seeking to enter, or. being on or in, or leaving, a protected place, and any. vehicle, vessel, animal or 'article.brought in. by such person and may, for the pur po·se of the'search, detain such person, vehicle, vessel,animal and article : .
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Provided that no woman shall be searched in pursuance of this sub-section except by a woman .
(6) I any person is in a protected place in contraven tion of this 'section, then with-out prejudice to any other pro ceedings which may be taken against him, h.e may -be removed therefrom by any police officer or by any other person authorised in this behalf by the Provincial Government.
(6) If any person is in a protected place in contravention of any of the provisions of this section, he shall be punishable with imprisonment for. a term which may extend to three years or with :fine or with both.