(1) Without prejudice to any special provisiong con tamed 1nth1s Act, the·Bromncgal Government may by order requll'e any. person to. -fui:msh 'br p:rq.duce to any specified authority·orperson. any such' information or article in his possession"as'may be specified in the order, being information,. «ora' article lieh the Provincial Government considers it.>negs@ry or expedient in the interests 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 any such infor m~tion or article in respect of any matter published 'in such newspaper, and ~- ·~ (£i) no person shall be required to furnish or produce any information or article which, under the provisions of the Indian Evidence Act, 1872, he cannot be .
compelled to furnish or produce.
(2)If.any person fails to furnish or produce any informa tion or article in compliance 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.
«!«2 ' k_.
24. If any person when required by or under any of the False state.
provisions of this Act to make any statement or furnish any ment.
information, makes any statement or furniEhes any information which he knows or has reasonable cause to believe to be false, or not true. in any material particular, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
25. (1) If in the opinion of the Provincial Government Requisi it is necessary or expedient so to do for preventing or tioning suppressing subversive acts or for maintaining supplies, and "1<£2,"% serv1ces essential to· the life of he community or for rehab-2....
litating persons displaced from their residences or shops due to communal strife, it may by order in writing requisition any property, l'/Jnoveable or immoveable, a.nd may male such further orders as appear to it to be necessary or expedient in connection with the requisitioning: .
Provided that no place or premises used for the purpose of rfiaious worship shall be reauisitioned under this section .
(2) Where the Provincial Government has requisitioned anyproperty under sub-section (1), it may use or deal with the property in such manner as may appear to it to be
4ediet.
(3) Whenever in pursuance of sub-section (1), the Pro- ~ vmcial Government requisitions any moveable property, the oner thereof shall be paid such compensation as the Pro vncal Governmef; may determ1e :
12 The West Bengal Security Act, 1948.
. .
Provided further that, where immediately before the res quisition the property was by virtue of a hire purchase agre% ment m the possess1on of a person other than the owner, the.
amount determined by the Provincial Government as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agree ment, in such manner as an arbitrator ·appointed by,the Provincial Government in this behalf may decide to be just.
· (4) Where in pursuance of sub-section (1) the Provincial Government requisitions any immoveable property, there shall be paid compensation, the amount of which shall be deter mined in the manner, and in accordance with the principles, hereinafter set out, that is to say,
(a) where the a.mount 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 Pro vincial Government shall appoint as arbitrator a District Judge or an Addition.al District Judge;
(c) the Provincial Government may, in. any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose ;
(d) at the commencement of the proceedings before the arbitrator, the Provincial Government and the person to ,be compensated shall state what in their respective opinions is a fair amount of aompen.sation;
· Ce) an appeal shall lie to the High Court against an. award of an arbitrator except in cases where the amount of compensation awarded does not exceed five thousancl rupees in ·lump or, in the case of an amount payable periodically, two hundred and fifty rupees per mensem;
(/) save as provided, in this,section and in any rulesmade thereunder, nothing¢mn any law for the time being in force 'shall app$y to arbitrations under this sub section.
(5) Wb,ere any immoveable property requisitioned under· sub-section (Z) is to be r.eleased from requisition, the Provin.cial Government may, after making such enquiry, ii an.y, l!.l.
as it considers necessary, specify by order in writing· the ~ person who appears to the Provincial Government to be entitled to the possession ~£ such property.
r [West Ben. Act (Chapter IV.Miscellaneous Provisions.Section a.)
Provided that where the owner of such property,, being aggrieved by the amount. of compensation so determined, makes an application for referring the matter to an arbitra tor, the amount of compensation to be paid shall be such as an arbitrator appointed in this behalf by he Provincial Government may determine:
The West Bengal Security Act, 1948.
111. of 1948.J (Chapter IV.Miscellaneous Provisions.Section 25.)
13
(6) The delivery of possession of the immoveable property requisitioned under sub-section (Z) to the person specifi~d in an order made under sub-sect10n (5) shall be a £ull d1s charge of the Provincial Government from all liability in respect of such delivery, but shall not prejudice any rights in respect of such property which any other person may be entitled by due process of law to enforce against the person to whom possession of such property is so delivered.
(7) Where the person to whom possession of any immove able property requisitioned under sub-section (1) is to 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 Provincial Government shall cause a notice declaring that such property is released from requisition to . be affixed on some conspicuous part of such property and publish the notice 'in the Official Gazette.
(8) \i\Then a notice referred to in sub-section (7) is pub lished 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 there of; and the Provincial Government shall not be liable for any compensation or other claim in respect of such property for any period after the said date.
(9) Where any immoveable property requisitioned under sub-section (1) is released from requisition, compensation shall. also be paid in respect of any damage done during the period of requisition to such property other than what may have been sustained by normal wear and tear or by natural causes. _When the amount of such compensation can be fixed by agreement, it shall be paid in accordance with such agreement; where no- such agreement can. be reached, the matter shall be referred to an arbitrator and thereupon the provisions of sub-section (4) shall, as far as may be, apply.
(10) The Provincial Government may, with a view to requisitioning any property under sub-section (Z) or deter mining the compensation payable under sub-section (3), by order-
(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be so specified; . ;i. • () direct that th ner, occupier or person in possession of the property shall not without the permission of the Provincial Government dispose of it or where the property is a building, structurally alter it or where the property is moveable, remove it from the premises in which it is kept till the expiry of such reasonable period· as may be specified in the order.
(11) Without prejudice to any powers otherwise conferred by this_Act, any person authorised in this behalf by &he Provmcial Government may enter any premises between sunrise and sunset,and inspect such premises and any prp perty therein or thereon for the purpose of determinino > 'II € Tie Test Bengal Security Act, 1948.
.or.vraemmama#ASANO#SUH
CHAPTER V.
· Supplementary and Procedural.
, y
27. Any. person who attempts to contravene, or abets, or attempts to abet, or does any act preparatory to, a contra ention of, any of the provisions of this Act or of any order made thereunder, shall be deemed to have contravened that ' provision or, as the case may be, that order.
26. (Z) Save as otherwise 'expressly provided in this Ac, every authority, officer or person who makes any order in writing in pursuance of any provision- thereof shall publish or serve or cause to be served notice of such order in such manner as may bepescribed by rules made by the Provincial Government. "(gy Where this ct empowers an authority, officer or person to take action by noti£.ed order, the provisions of sub section (Z) shall not apply in relation to such order.
(3) I in the course of any judicial proceedings, a question · arises whether a person was duly informed of an order made in pursuance o:£ any provision of this Act, t.ompliance with sub-section (/), or in a case, to which sub-section (2) applies, tb.e notification of the order, shall be conclusive proof that he was so informed, but a failure to comply with sub-section (Z)- ,, . .
(i) shall not preclude proof by other means that he had information o:£ the order; and
(ii) shall not affect the validity of the order.
(4) Any police-officer, and any other person authorised by the Provincial Government in this behalf may, for any pur pose connected with the prevention or suppression of subversive acts or with maintaining supplies and services essential to the life of the community or for carrying out the provisions of this Act affix any notice to, or cat1Se any notice. to be dis played on, any premises, vehicle or vessel, and. may for the purpose of exercising the power conferred by this section enter any premises, vehicle or vessel at any time. . •
(5) Any person authorised by the Provincial Government' in this behalf may, for any purpose mentioned in sub-section
(4), by order direct the owner or other person in possession or control of any premises, vehicle or vessel to display any notice on, or in, the premises, vehicle or vessel in such manner as may be specifed in the order.
whether, and, if so, in what manner,. an order under this· section should be made in relation to such premises or pro perty, or with a view to securing compliance with any order made under this section. · <;;i .(12) I£ any person contravenes any order made under this.
section he shall be punishable with imprisonment for a term which may extend- to three years, o, with fine or with both.
west Ben. Act (Chaten IV.-Miscellaneous Provisions.Chapter V Supplementary and, Procedural.Sections.26,·.)
14 Attempts, etc., to contra vene the provisions of the Act.
Publics tion - and service of notices.
. \ I I I I I \ ;
I l j I XIX of (Substituted ond inserled by West Bengal Aot 1948, section 12.) .[No. 43, <1,ate'd the 5th June, 1949-] Page 15- In section. 30,-(J) in the pro,riso tQ sub-section (2), for the words , "fifteen · days" substitute the ;vmds ."\hirlY aays"·and' \.(ff/ in sub-section (3), after the ;vords "in addition to makin.B: such order •• m•Y ,ppeas" ins.,,-0 the d'to the Provincial Governmen'> I Page 15 In section 28,- ) after sub-section (1), insert the foll6in ,3.\ section, namely:- V\'¼i.J ·Any Police oi/foer, authorised in this behalf by . general or special order 3p£ a , Deputy Commis - .sioner of Police in Calcutta and the Supenin , tendent of Police elsewhere, may enter and searcb. any place, vessel, veb.icle, aircraft or animal and, for tb.at purpose, ·stop any vessel, vehicle, aircraft or animal and may seize an, commodity, article or tb.ing (including• any vessel, veb.icle, aircraft or animal) wb.icb., he_ has reason to believe, has been, is being or is about • to he, used in _contravening any order made under sub-section (1) of sectiqn 15.A. or for doing any otb.er subversive act.
· 64 . ..Emplanation.-Tu this sub-section 'Calcutta' 'has the -same meaning as iu ··section 13 ;"; and
(2) -for sub-section (2); substitute the following . sub-section, namely:- .· · \..(2) ything seized under sub-section ) ±an 1 conveyed, and any commodity, article' or thing (including any vessel, vehicle; , aircra,ft or animal) seized under sub-section (IA) shall be reported, without delay before a Magis-.
trate who may give such directions as to the temporary custody thereof ·as he may think ·· fit, so, however, that where no prosepution in respect thereof .is instituted within a -period in a his opinion reasonable, the Magistrate · may, subject to the provisions of· any other- -law for the time being in force, give such orders as to the :final -disposal thereof as he deemsexpedient.'» (lnserted and substituted by West Bengal Act XIX of1948, section 11.)
[No. 43, dated the 5th June, 1949.]
lf~ .
·•·~. .. · ·,:,q .
',·,, I r t Special provision for searches.
General .power of arrest without warrant.
15The West Bengal Secrity Act, 1948.
Ill of 1948.] - (Chapter ].Supplementary and Procedural.
. Sections 2830.) ' .
· 28. (1) In any area in which the Provincial Govern ment, as a-consequence of apprehended danger to the public in such area, notifies in the Official Gazette in this behalf, any police-officer iay in any road, street, alley, public place, or open space, stop and search any person in su_ch area for the purpose of ascertaining whether such person is carry ing, in contravention of any law for the time being in force, any explosive or corrosive substance or liquid or any weapon of offence or any article which may be used as a weapon of offence and may seize any such substance or liquid together wih its container, if any, or any such weapon or article discovered during such search:
Provided that every such search shall be made with due regard to decency and that no woman shall be searched except by a woman. \'. .'4'a
(2) Anything seized under sub-section (1) shall be con eyed without delay before a Magistrate who may give such directions as to its temporary custody as he may think fit, so however that, where no prosecution in respect of the posses sion of such thing is instituted within a period in his opinion reasonable, the Magistrate may, subject to the provisions of any other law for the time being in force, give such orders as to the :final disposal o~ such thing as he deems expedient.
29. -Any .poJ.ice-offieer may arrest without warrant any person who is resp@bly suspected of having committed, _or of comm1ttmg a contravention of any order made under sect10n
13.
Powers of arrest and detention.
.