(1) This Act may be called the West Bengal Security Short Act, 1950. title, extent, (2) It extends to the whole of West Bengal. commence-
(3) It shall be deemed to have come into force on the meat and 26th day of January, 1950.
duration.
(4) It shall remain in force for a period of three years from the date on which it comes into force.
2. In this Act unless there is anything repugnant in Definitions.
the subject or context,— (I) "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;
Ben.
1923 Aet .
(2) "goonda" has the same meaning as in the Goondas 1 of Act, 1923;
(3) "notified" and "notification" mean notified and notification respectively in the Official Gazette;
(4) "prejudicial report" means any report, statement or visible representation, which, or the publishing of which, is, or is an incitement to the commission of, a subversive act as defined in clause (9);
(.5) "prescribed" means prescribed by any order or rule made under this Act;
2 The West Bengal Security Act, 1950.
[West Ben. Act (Chapter I—Preliminary.—Section 2.)
(6) "protected place" means a place declared under section 6 to be a protected place;
(7) "protected area" means an area declared under section 7 to be a protected area ;
(8) "public servant" includes any public servant as defined in the Indian Penal Code and any servant of any local authority or railway administration 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 ;
(9) "subversive act" means any act which is intended or is likely—
(a) to endanger—,
(i) communal harmony. or
(ii) the safety or stability of the State;
(b) 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) explosive substances as defined in the Explosive Substances Act, 1908, or
(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 loyalty of such persons;
(e) to impede, delay or restrict—
(i) any work or operation, or
(ii) any means of transport or locomotion, necessary for the production, procurement, supply or distribution of any essential commodity, except in furtherance of an industrial dispute as defined in the Industrial Disputes Act, 1947.
Explanation.—(i) Acts bona fide indicating disapprobation of the policy or measures of the Government with a view to obtain their alteration by lawful means shall not be deemed to be acts which are intended or are likely to endanger the safety or stability of the State.
(ii) An illegal strike or an illegal lock-out, as defined in section 24 of the Industrial Disputes Act, 1947, shall not be deemed to be an act in furtherance of an industrial dispute for the purposes of sub-clause (e).
Aot XLV of 1860.
XI of
1878.
VI of 1908.
XIV of 1947:
The West Bengal Security Act, 1950. 3 XIX of 1950.]
• (Chapter I.—Preliminary.—Chapter 1I.—Access to certain places and areas.—Sections 3-6.)
(iii) The illegal acquisition, storage or movement of an essential commodity shall be deemed to be an act which is intended and is likely to impede, delay and restrict the operation necessary for the procurement, supply and distribution of such commodity for the purposes of subclause (e).
3. The provisions of this Act and of any orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law :
Provided that any action taken under the provisions of this Act for dealing with subversive activities shall have effect without prejudice to any action taken under the IV of 1950. Preventive Detention Act, 1950 for dealing with such activities.
Effect of the provisions of the Act when inconsistent with other law.
4. No prohibition, restriction or disability imposed by Saving.
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.
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—
(a) 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, or
(h) evades, or attempts to evade, by any means such provision, or order, he shall be deemed to have contravened such provision or order.
CHAPTER II.
ACCESS TO CERTAIN PLACES AND AREAS.