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Section 9

The West Bengal Security Act, 1948State Act of West Bengal · Act 3 of 1948

(1) The Provincial Government may, for the purpose Power to of preventing or suppressing subversive ac.ts, by order impose addressed to a printer, publisher or editor, or to printers, ce:15or.publishers and editors generally, . • ship.

(a) require that all matters, or any matter relating to a particular subject or class oi sub,jects, shaII, before being published in any document or class of docu-:.f:;. ments, be submitted for scrutiny to an authorityspeeified in the order; • ) prohibit orregulate the maling or publishing of an.

document or class of documents, or of any matter e relating to a particular subject or glass of subjects, or the use of any· press, as denned in the Indian Press (Emergency Powers) .Act, 1931.

?) If any person contravenes any order ziade under 3 section (1), then., without prejudice to any other proceedings which may he taken against such· person, the Provincial Goveniment may declare to he forfeited to His Majesty every Copy_ of any document published made in contra­ vention of such order and any press, as defined in the Indian Press (Emergency Powers) Act, 1931, used in the makingof such document. ~

(3) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to five years or with :fine or with both.

E£Cplanation.-In this Chapter "document" includes gramophone 1·ecords sound;, tracks and any other articles on hich sounds hae been recorded with a iem to their s3sequent reproduction.

XXIII of

1931.· - k?

'IJ··} % #± 6 The West Bengal Security Act, 1948.

Punish­ ment for.

carrying oi pos­ sessing any gor­ rosive " substance or liquid.

Def6ni­ tion of looting.

Use of force to stop looting.

,-, [West Ben. Act (Chapter III..Public Safety and Order.-Sections 10-13.)

CHAPTER III.

Public Safety and Order, .

10. Any person who carries on his person or knowingly · has in his possession or unde:i· his control any. corrosive sub­ stance or liquid, under such circumstances as to give rise to a reasonable suspicion that he does not carry it on his person or have "it in his possession or under his control for a lawful object, shall, unless he can show that he was carry­ ing it on his person or that he had it. in his possession or under his control for a lawful object, be punishable with imprisonment for a term which may extend to seven years, to which fine may be added.

11. Wk6eve commits dacoity, robbery, theft, or theft in a building, vessel or vehicle or criminal misappropriation, .it-:_the commission of such offence takes place, {a) during a riot or any disturbance of the public peace •-· at or in the neighbourhood of the riot, or the place at which such disturbance of the public peace· occurs, or.

(b) in any area in which a riot or disturbance of the public peace has. occurred and before lgwnd order · has been completely restored in such area, or

(c) in circumstances such that a person whose property is stolen or criminally misappropriated is not, as a consequence of rioting or any other disturbance of the public peace, present or able to protect such ·property, is said to commit the offence of. looting.

12. : .Any police-officer may use such force as may be necessary even to the causing of death in order to.stop the commission of the offence of looting wihi' his vie .

Carte. 13. (1) The Commissioner of Police in Calcutta and the District Magistrate elsewhere may, subject to the control of the Provincial Government, by order direct that, subject to any exemption specified_in the order, no per;son present within " _ any area or areas specified in the · order shall, between such hours as may be specified in the order, be out of doors except under the authority of a written permit granted by a · .specified authority or person. -" 2(2) I any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

(3) 1 this section "Calcutta" means the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866, 1.. Act together with the suburbs of Calcutta as defined by notifca- IV£ 1866.

tion under section. 1 of the Calcutta Suburban Police Act, Be. Aot I

1866. nor jg

1866. · ol of sssions, ings, /...

"S cting

90ve.

(! or.

lS 'llllg in s. ­ 7The Wast Bengal Security Act, 1948.

Page 7- ln sub-section (1) of section l5, after the words ''com­ . munal peace" add the words 'for to endanger the safety or stability of the Province" ·\r ·(Added by West Bengal Aot XIX of 1948, section 4.)

[No. 43, dated :the 6th June, 1949.7 3 1II of 1948.1 .- (Chapter III.-Public Safety and Order.-Sections 14--16.)

'14. During the continuance in operation of .•this Act, Amen.din sections 127 and 128 of the Code of Criminal ProceduFe,. ment of 1898, for the words' "or officer in charge of a pblice-staiio'fi" sections the words "or any police-officer of or above the rank of gJ a;d .a head constable" shall be deemed to have been substituted. the Code, of Ori- · ., · · minal edure, Page 7- After section 15 insert the following ·section, n_a:niely:- \/'15.A.. (1) If, in the opinion of the Provincial Govern­ • ment, it is necessary or expedient so Control of move- do for preventing or suppressing"PP!5 of9pmodi 4tensive acts or for mamtamugar IC es or u.wgs. . · t' 1 t th supplies and services rissen 1a o e life of the community, it may, by genegl or special order, prohibit or restrict the movement of any commodity, article or thing (!ncluamg . any.

vessel vehicle, aircraft or animal) either generally or between any particular places or on_ any particular route.

(2) If any person contravenes . any order made under sub-section {1), , he shall be pums_hable with imprisonment for a te:m:n which may extend to three years or with :6.:ne or with both and the Court tryino the offence shall order that the comm'&d1ty, artiol or thing (including air=, vessel, · vehicle, aircraft or animal) in respect ot which tlie offence · has been committed shall . be fozj:e1ted to His Majesty.".\,..

(Inserted by W~st Beng~l Aot XIX of 1948, section 5.)

[No. 43, dated the 6th June, -1949.J v u+us4ug upon num such restrct1ons as may be specj­ fied_ in the order in· res1Ject of his employment, busmess or movements, in respect of his assoc~:_:t'tion or communication with other persons, and in res­ pet of his activities in relation 'to the dissemina­ tion_ 6f news or propagation of opinions.

. (2) Where an order is made under sub-section (1) direct­ ing any person to be detained, the Provincial Government may, if it so thinks fit, grant to such person, in accordance w1th such ~·ules as it may make in this behalf, such allowance' or expenses as it may deem appropriate. ·

(3) If any person is in any area-or place in contravention · of an order made. under the provision of this section, or fails t I I i ~ -' Act V of !898.

Aot V of 1898.

a{ ;

}"2 L +.

F " The West Bengal, Security Act, 1948.

111 6f 1948.1 • (Chapter III.-Public Safety and Order.-S.eotions 14--16.)

14. During the continuance in operation of _.this :A.ct, .Amend­ in sections 127 and 128 of the Code of Criminal Procedu.;i;e,• ment of 1898, for the words "or officer in charge of a p'ol:i.ce-staiioft" sectionsf 127 and the words "or any police-officer of or above the raik o 128 of a head constable" shall be deemed to have been substituted. the Code·of Ori- · min.al Procedure,

1898.

Where this provision sits

ActThe West Bengal Security Act, 1948
Section9
JurisdictionState of West Bengal
StatusIn force as published by the source

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