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3.$7·..·' - ·,°' '·, ·',.c.· • 'West BengalAct XIX of ' F [As,p:t of the Governor was frst published in the Oaloutta Gazette, '•..;:"· Extraordinary, of tho 4th October, 1948.]
An Act to ,amend the West Bengal Security Acv,' 1948.
WHEREAS it is expedient and necessary to amend the West Bengal Security Act, 1948, for the purpose of remov ing certain doubts which have arisen as to the interpreta tion of certain sections thereof and for certain other purposes and in the manner hereinafter appearing; '••••It is hereby enacted as follows: - ., •, ±?
·:'
)'74, 1,5.%•THE WEST BENGAL SECURITY (AME T,, A,3a, • • 1948.' .. .
f & [Passed by the West Bengal Legisla I. .
l WestBen.
Act III of
1948.
West Ben.
Ord. VIII of 1948.
1. (1) This Act may be called the West Benga1 -Security Short title (Amendment) Act, 1948.· end commence-
(2) It shall come into force on the date on which the men., West Bengal Security (Amendment) Ordinance, 1948, ceases to operate but the provisions of sections 6, 7 and 8 shall be deemed to have taken e:ffect on and from the date of com mencement of the West Bengal Security Act, 1948 (hereinafter referred to as the said Act) as if on that date this Act had been in force.
2. In section 2 of the said Act,
(1) for clause (1), the following clause shall be substi tuted, namely:- "(1) 'essential commodity' means food, water, fuel, light or- power and includes such other thing s may be declared by the Provincial Govern ment by notification to be essential for the life of the community;";
(2) after clause (6), the following clauses shall be inserted, namely : "(5a) 'protected place' means' a place declared under section 6A to be a protected place;
(5b) 'protected area' means an area dedarecl under section 5B to be a protected area;";
(3) to clause (6), the following words shall be added, namely: "and . any person engaged in any employment or class of employment which the Provincial Government may, from time to time, declare to be employment or class of employ ment essential to the life of the com munity;";
Price-Indian, annas 4; English, 6d.
Amend ment of section 2 of West Bengal Act ID of 1948.
Insertion of new Chapter IA, Proteoted places.
2 l'he West Bengal Security (Amendment) Act, 1948.
~ [West Ben. Act (Section J.)
$4) in clause (7),
(a) for sub-clause (e), the following sub-clause shall be substituted, namely: - "(e) to impede, delay or restrict () any work, or
(ii) any means of transport or locomotion, necessary for the production,- supply or distribution of any essential commodity except in furtherance of an industrial dispute as defined in the Industrial Disputes .A.ct, XIV of 1947;'; and • 1947.
(b) the explanation shall be renumbered as para graph (2) thereof and after the sa1d paragraph, as so renumbered, the following paragraph shall be added, namely:
"(ii) An illegal strike or an illegal lock out, as defied in sect1on 24 of the Industral DIs putes Act, 1947, shall not be deemed to be an industrial dispute for the purposes of sub-clause (e).'.
3. After Chapter I of the said Act, the following Chapter shall be inseried, namely: ¢ "CHAPTER IA.
Access to certain places and areas.
5A. ( 1) I£ as respects any place or class of places the Provincial Government considers it necessary or expedient that special precautions should be taken to prevent the entry of unauthorised persons, the Provincial Government may by order declare that place, or, as the case may be, every place of that class to be a protected place; and thereupon, for so long as the order is in force, such plate or every place of such class, as the case may be, shall be a ·protected place for the purposes of this Act.
(2) No person shall, without the permission of the Pro-.
incial Government, enter, or be on or in, or pass over, or loiter iu the vicinity of; any protected place.
(3) '\Vhere in pursuance of 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 permission, comply with such orders for regulating his conduct as may be given by the Provincial Government. ·
(4) Any police officer, or any other person authorised in this behalf by 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 pose of the search, detain such person, vehicle, vessel, animal and article :
Provided that no woman shall be searched m pursuance· of this sub-sectioiexcept by a woman.
The West Bengal Security_(Amendment) Act, 1948. 3 XIX 0f 1948.]
(Section 3.)
(5) If any person is in a protected place in contraven tion of this section, then without prejudice to any other pro ceedings which may be taken against hint, he may be removed therefrom by any police officer or by any other person authorised in this behalf by the Provincial Govern ment.
(6) I£ 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.
5B. () If the Provincial Government considers it Protected necessary or expedient to regulate the entry of persons.into sress.
any area, the Provincial Government may, without prejudice 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 the purposes of this Act. ·
(2) 0n and after such day as may be specified in, and' subject to any exemptions for which provision 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 specified in the said order.
(3) Any police officer, or any other person authorised in this behalf by the Provincial Government, may 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 1Jerson, vehicle, vessel, animal and article : · ·
Provided that no woman shall be searched in pursuance of this sub-section except by a woman.
(4) I 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 officer on duty in the protected area.
(5) If any person is in a protected area 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.
50. Any person who e:ffects or attempts to effect entry into 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.
Forcing or evading a guard.
Orders for certain places and areas, 4 The West Bengal Security (Amendment) Act, 1948.
[West Ben. Act (Section 3.)
5D. (1) Without prejudice to any other pro'lr1S1on 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 take special precautions for preventing or suppressing subver sive acts or for maintaining supplies and services essential .to the life of the community, may make orders for controlling or 1·egulating 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 (Z) 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)
(c)
(d) 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 o:ffence 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;
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 £or 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.
(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 place or protected area, as the case may be, shall apply to or in relation to the place or area in respect of which the order is made either without modification or subject to such modification as may be specified in the order.
(5) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both."
The West Bengal Security (Amendment) Act, 1948. 5 XIX of 1948.] · (Sections 4-7.)
4. In sub-s-ecti.on (1) ,of secti,on 15 of th-e said Act, aft-er the words "oommunal peace" the words "or to end•anger the safety ,or stability of the Province" shall be added.
Amend ment of section 15.
'15A. (1) If, in th opinion of the Provincial Govern ment, it is necessary or expedient so Control of move- to do for preventino or suppressino monts of commodities, . g·. .. > articles or things subversive acts or or ma1ta1nrng · supplies and services essential to th-e life o.£ the community, it may, by general, or special order, prohibit or restrict the movement of any commodity, article or thing (including any "-essel, vehicle, aircraft ,or animal) either generally or between ,any particular places or on any . particuliar route.
5. After section 15 of the said Act, the following section Insertion shall be inserted, namely:- - of new section
15A.
(2) If any person contravenes any order made under sub-section (Z), h-e sh.all be punishable with imprisonment for a term which may extend to three years or with fine or with both and ·the Court trying the ,offence shall order that the commodity, article or thing (including any vess-el, v-ehicle, ,airer.aft or animal) in respect of rhich the offence has been committed shall be forfeitec1 to His Majesty.".
(J)
(1)
(2) Amend ment of reasonable section 16.in sub-section (Z), th-e 'words "on grounds'' shall be omitted;
in clause (b) of sub-secti,on (5), for the words "punishable with imprisonment for a term which may extend to one year, ,or with fine, or with botlr" the worcls, :figur-e and br.ack-ets "d-eemed to have contr.av-ened the ,order within the meaning of sub-section (6)" shall be substituted; and in sub-secti,on (6), the words, figure, [-etter and brackets "other than ,an order of the natur-e referred to in -c1ause (b) of sub-section (5)" shall be omitted.
In section IG of the ,said Act,-6.
7. For section 17 of the said Act, the following section Substitu shall be substituted, namely: tion of new section for
17. Save as hereinafter in this section otherwise section 17.
provicled, an order made under2I.2. s-section (@) ot section 16 stall tler section 16(1). be in force for such period not exceeding nine months, ,as may be specified in the order or for th-e period subsequent to the clat-e of issue of such orcler during which this Act oontinues in ,operntion, whichever is 1-ess, unless earlier cancelled by the authority making the order:
6 The West Bengal Security (Amendment,) Act, 1948.
[West Ben. Act (Sections 8, 9.)
Provided that
(a) () the Provincial Government may, if and so often as· it th'inks :fit,- i) in the case of an order under clause (a) of the said sub-section, place before a Judge of the High Court in Calcutta the grounds on which the order is made, the representations, if any, made under section 18 by the person affected thereby, and such further - material,s as the Provincial Government may think :fit, subject to the following condition, that is to say, the person affected by the order shall not be entitl ed to be defended or represented by any lawyer or other person before the Judge, and, in accordance with the . decision of the Judge thereon, the Provincial Government shall issue .
an order for the release of the person or for · an extension of the period of his detention by such period or periods as may be deter mined by the Judge, and
(ii) in any other case, issue, after considering all the circumstances of the case, a fresh order to the same effect and subject to the same limitations as to duration as in the frst instance;
notwithstanding anything hcrninbefore contained, it shall be lawful fm the Provincial Government io 1'elease at any time, if it so thinks ft, any person in respect of whom an order under sub clause (i) of clause (a) has been made.''.
Amend- ' ment of section IS.
8. I section 18 of the said Act, for the words ":fifte,en, days" the words "thirty days" shall be substituted.
Eplanation.In this section, the word 'harbour' includes the supplying a person with she_lt_er, food, drink, money, clothes, arms, ammunition or means of ccmveyanre, or the assisting a person by any means, whether of the same kind as hereinbefore enmneratecl or not, to evade apprehension."
Insertion 9. After section 18 of the said Act, the following section of new sec- shall be inserted, namely:tion 18A.
'18A. Whoever kowing or having reason to believe that an order directing any person to be Punishment for har- detained has been made under bouring or concealing clause (a) of sub-section (Z) of persons ordered to be section 16 harbours or conceals.
detained. such persona shall be punished with · imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to one thousand rupees.
The West Bengal Security (Amendment) Act, 1948. 7 XIX of 1948.]
(Sections 10-13.)
10. In sub-section (1) of section 26 of the said Act, for Amend the words "prnscribed by" the words "provided in" shall be ment of substituted. section 26.
Amend ment of section 28.
a ii. I section 28 of the said Act,
(1) after sub-section (Z), the following sub-section shall be inserted, namely: "(1A) Any police officer, authorised in this behalf by general or special order of a Deputy Commis sioner of Police in Calcutta and the Superin tendent of Police elsewhere, may enter and search any place, vessel, vehicle, aircraft or animal and, for t at purpose, stop any vessel, vehicle, aircraft or. animal and may seize any commodity, article or thing (including any vessel, vehicle, aircraft or animal) which, he has reason to believe, has been, is being or is about to be, used in contravening any order made under sub-section (Z) of section 16A or fordoing any other subversive act.
Eaplanation.In this sub-section 'Calcutta' has the same meaning as in section 13;" ; and for sub-section (2), the follo,ving sub-section shall be substituted, -namely: - "(2) Anything seized under sub-section (1) shall be conveyed, and any commodity, article or thing (including any vessel, vehicle, aircraft or animal) seized under sub-section (1A) 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 prosecution in respect thereof 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 thereof as he deems expedient.''.
12. I section 30 of the said Act, Amend ment of
(1) in the proviso to sub-section (2), for the words section 30.
":fifteen days" the words "thirty clays" shall be " substituted; and
(2) in sub-section (3), after the words "in addition to - making such order as may appear' the words to the Provincial Government'' shall be inserted.
13. Jorthe aoidance of doubt it is hereby declared that no order heretofore made under sub-section '(Z) of section 16 of the said Act shall be deemed to be invalid or shall be called in question on the ground that at the time of making the order the authority making it had no reasonable grounds.
Validity of orders made under sub section (1) of section
16.
Continu ance of action taken under West Bengal Ordinance VIII of
1948.
8 The West Bengal Security (Amendment) Act, 1948.
[West Ben. Act XIX of 1948.]
(Section 14.)
14. Any order made or any penalty incurred or anything done or any action taken or any proceedings commenced in exercise of any power conferred by or under the provisions of the said Act as amended by the West Bengal Security (Amendment) Ordinance, 1948, shall, on the said Ordinance ceasing to operate, be deemed to have been made, incurred, done, taken or commenced in exercise of the powers conferred by or under the said Act as amended by this Act, as if this Act had been in force on the date on which such order was made, penalty was incurred, thing was done, action was taken or proceedings were commenced.
West Ben, Ord. VIII of 1948.
WBGP-48/9-7172A-3,500