(1) If the Provincial Government considers it Protected necessary or expedient to regulate the entry of persons. into areas, any area, the Provincial Government may, with.out prejui;lice ' :
to any other provision of this Act, by order declare· the area . / to be a protected area; and thereupon, for so long as the · · order is in force, such area shall be a protected area for thepurposes of this Act.
) On and after such day as may be specified in, and subject to any exemptions for which prov1s1on may be made by, an order made under sub-section (1), no person who was not at the beginning of the said day resident in the area declared to be a protected area by the said order shall be therein except in accordance with the terms of a permit in writing granted to him by an. authority or person specifiedin the said order. • -
(3) Any police officer, or any· other persor authorised in this behalf by the Provincial Government, ~y search any person entering or seeking to enter; or being on or in, or leaving, a protected area, and any vehicle, vessel, animal.
or article brought in by such person, and may; for the pur pose of the search,. detain such person, vehicle, vessel,animal and article :
. Provided that no woman shall be searched in· pursuance of this sub-section except by a woman.
(4) If any person is in a protected area in contravention of the provisions of this section, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom· by or under the direction of any police ofcer on ·duty in the protected area,
(5) If any person is in a pr~cted area in contravention of any of the provisions of this section, he shll be punishable Ith Imprisonment for a term which may extend to threeyears or wath fine or with both. E botn.
Protected places Page 3- .
After Chapter I, insert the, following Chapter, namely: ''CRAfTER IA.
Access to certain places and, areas.
5A. (Z) If as respects any place ox class of places the Provincial _Government considers it necessary or · expedient • that special precauti~~~· should be taken -to prevent the entry of unauthorised per&is, the Provincial Govert}@nt may by.
order declare that place, or, as the cass,pi.ay be, every place of that class to be a protected place; and thereupon, ·for so long as the order is inforce, such place or every place of such class, as the case may be, shall be a protected place for th.e.purposes of this Act.
(2) No person shall, without the :perm1ss1on of the Pr.o vincial Government; enter, or be on or in, or pass ove1'., or loiter in the vicinity of, any protected place.
Forcing or evading a guatd.a 7 Orders for certain places and areas.
5C. Any person who elects or attempts to effect entry 1nto a protected place or protected area-
(a) by using, or threatening to use, criminal force to any person posted for the purpose of protecting, or preventing or controlling access to, such place or area, or
(b) after taking precautions to conceal his entry or attempted entry from any such person, shall be punishable with imprisonment for. a term which may extend to five years or with fine or. with both.
5D. (I) Without prejudice to any other provision of this Act, the Provincial Government, as respects- .
(a) any place or area declared by it to be a protected place or protected area, ·or
(b) any .other. place or area in relation to which it appears to it to be. necessary to tale special precautions £a:;: preventing or suppressing subver sive acts or for maintaining supplies and services essential to the life Qf the community, may make orders for controlling or regulating the admission of persons to, and the conduct of persons in and in the vicinity of, such place or area.
(2) Without prejudice to the generality of the foregoing provisions, orders made under sub-section (1) in relation to any place or area may make provision- \.
(a) for restricting the admission of persons to such place or area and for removing therefrom any person who is therein in contravention of the orders or who has been convicted of any contravention of the provisions of this Act;
(b) for requiring the presence of any person or class of persons in such place or area to be notified to a prescribed authority and for requiring any person who has been convicted of any such offence as-is mentioned in clause (a) of this sub-section to report his movements while in such place or area " and to observe any other condition imposed upon him by a prescribed authority;
(o) for requiring any person or class of persons in such place or area to carry such documentary evidence of identity, as may be prescribed; and
(d) for prohibiting any person or class of persons from being in possession or control of any prescribed article. ·
(3) An order made under this section in respect of a protected place or protected area may exempt such place or area from all or any of the provisions of this Act which are expressed to apply to or in relation to a protected place or protected area, as the case may be, or may direct that all or any of the said provisions shall apply, subject to such modifications as may be specified in the order.
a
(4) An order made under this section in respect of a place or area which is not a protected place or protected area may direct that all or any of the provisions of this Act - which are expressed to apply to or in relation to a protected -- vouu uuu may extend to seven years or with fine or with both.
The West Bengal Security Act, 1948..
. ,;
Ill 0f 1948.]
(Chapter' I.-Preliminary.Chapter° II.Prevention Subversive Acts.Sections 5, 6.) · of- ·1I(~......... :,.
5. If any person to whom any prov1son of this Act Non relates or to whom any order made in pursuance of any compli such provision is addressed or relates or who is in occgpa- 2"?&,2"?r?"" tion, possess1on or control of any land, buldmg, vehicle, isions vessel or other thmg to which such provs1on relates, or 1n of this respect of which such order is made- Act or any
(a) £ails without la:wful authority or excuse, himself, or orders in respect of any land, building, vehicle, vessel or ~ade.
other thing of which he is in occupation, possession a..
or control, to comply with such provision or order; or
(b) evades, or attempts to evade, by any means such pro vision, or order, he shall be deemed to have contravened such prov1son or order. •• L;
CHAPTER II.
Prevention of Subversive Acts.
2t ,f ...
6. (Z) No person shall do any act with intent to impair the efficiency or impede the working of, or to cause damage to,-
(a) any building, vehicle, machinery, apparatus or.other property used or intended to be used, for the pur pose of Government or any local authority;
(b) any railway (as defined in the Indian Railways .A.ct, 1890), aerial ropeway (as defined in the Bengal Aerial Ropeways Act, 1923), . tramway, road, canal, bridge, culvert, causeway, port, dockyard, lighthouse, aerodrome (as defined in the Indian Aircraft Act, 1934), air-field, air-strip or any installation thereon or any telegraph line or post (as defned in the Indian Telegraph Act, 1885);
(c) any rolling-stock of a railway or tranway or any vessel or aircraft ; -~
(d) any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory;
(e) any prohibit!}..d... place as defined in sub-section (8) of section 2 fff,~the Indian Official Secrets Act, 1923.
. (2) The proyisions of sub-section (1) shall apply in rela tion to any omission on the part of a person to do anything which he is. under a duty, either to the Provincial Govern ment or to any public authority or to any person, to do, as they apply to the doing of any act by a person.
. (3) If any person contravenes any of the provisions of th1s secton, he shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both.
Sabotage.
f !
f 1,. .
58.
{:) after clause (6), insert the following · namely·:- k "(5a) 'protected place' means a place declared under.
section 5.A. to be a protected place; and .- "._. . "-,, (6b) 'protected area' means an are·a declared :under' section 5B to .be a J)rotecteq· area;" ;J,.,
(3) to clause· (6), add the following words, namely:- l. "and any person engaged in ·any employment or class of employment which the Provinciai Government may, :from time ·to time, declare to be employment or class of employment essential to the life of the c?mmunity ;" t · 9 lase ),' £ 4-(a) for sub-clause (e), substitute the following sub- ~"'- clause, namely:- · "(e) to impede, delay or restrict-" · ;_
(i) any work, or . I';_
(ii) any means of transport or locomotion, ' necessary for the production, supply or distribution f of any essential commodity except in furtherance { D o£_ an induA· stria 1 1 9 d 4 1 7 ·s~:ite asd defined- in the Industrial t 1sputes ct, ; ;an xIV or}
(b) renumber the explanation as paragraph (6) 1047. PE thereof and after the said paragraph, as so re- 'I numbered, add the following paragraph, namely:
"(ii) .A.n illegal strike or an illegal lock out, as . {, defined in section 24 oi the Industrial Dis putes Act, 1947, shall not be deemed to be ,an industrial dispute for the purposes of sub-clause ,(e).". 1 (Substituted, inse1·ted, added and renumbered ·by West Bengal .Aot XIX of 1948, section 2.)
• [No. 43, dated the 5th June, 1949.) · ·=ua place or protected area, as the case mayb, shal apply to or $f%, · m relation to the place or area 1 respect o:£ whlch tJie ordel' ;;•iI· •.
-is made either without mo,ai:fication or subject -to ·,such-_2;'..: • modification as may be specifi.ed in the order; . · · . . · " · • (6) I:£ any person: contravenes_ any order ·,made: 1D1der .
this section, he shall be punishable with imprisonment .for' a -term whiclt may extend to three years or with fine or with both."
(lnse1·ted by West Bengal Act XIX 6/ 1948, section, 3.)
t, ..
4 The West Bengal Security Act, 1948.
$ .West Ben. Act · (Chapter II.-Prevention of Subversive Acts.+Sections 7, 8.)
.· 7. (1),No person shall, without lawful. authority or excuse,
(a) do any subversive act; or
(b) make, print, publish or distribute any document con , taining, or spread by any other. means whatsoever, any prejudicial report. '
(2) The author, editor, printer and publisher of, and any person . who otherwise makes or produces any prejudicial report, and any person who distributes or sells any report of that nature, knowing it to be of such nature, shall be deemed to have contravened this section.
Prohibi tion of subversive acts, publica tions and com munica tions.
Ben. Ord.
VI of
1946.
(3) I any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for. a term which may extend to five years or with fine or with both: .
Provided that in any proceedings arising out of a contra vention of this section,
(a) in relation to the making or printing of any docu ment, it shall be a defence for the accused to prove that the said document was made or printed, as the case may be,--
(i) before the Bengal Special Powers Ordinance, 1946, came into force, or
(ii) with the permission or under the authority of the · Provincial Government, or ·
(iii) as a proof intended for submission to the Provincial Government or to a person or authority desig nated by the Provincial Government in this behalf with a view to obtaining permission for its publi cation;' -. .
(b) in relation to the publication of any document it shall.
. be a defence for the accused to prove that the said document was published- " () before the Bengal Special Power; Ordinance, 1946, came into force, or {ii) with the permission or under the authority of the · Provincial Government. z Proscrip tion, etc., of certain docu ments.