The West Bengal Maintenance Of Public Order Act, 1970

President's Act No. 20 of 1970 
THE WEST BENGAL MAINTENANCE OF PUBLIC ORDER 
ACT, 1970. 
[30th November, 1970.] 
Enacted by the President in the Twenty-first Year of the 
Republic of India. 
An Act to provide for special provisions for the maintenance of 
public order by the prevention of illegal acquisition, 
possession or use of arms and the suppression of subversive 
activities endangering public safety and tranquillity and for 
matters connected therewith or incidental thereto. 
In exercise of the powers conferred by section 3 of the West 17 of 1970, Bengal State Legislature (Delegation of Powers) Act, 1970, the 
President is pleased to enact as follows:— 
CHAPTER I 
Preliminary 
1. (I) This Act may be called the West Bengal Maintenance Short title, 
of Public Order Act, 1970. 	 extent and 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force at once. 
commence-
ment. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "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; 
(b) "essential service" means any service connected 
with— 
(i) public conservancy or sanitation, 
(ii) hospitals or dispensaries, 
(iii) tramways or transport, whether provided by the 
State or by any other body, authority or 
individual, or 
(iv) gas works, 
and includes such other services connected with the matters 
with respect to which the State Legislature has power to make 
laws and which the State Government, being of opinion that 
2 The West Bengal Maintenance of Public Order Act, 1970. 
[President's Act 
the maintenance of such service is necessary for the prevention 
of grave hardship to the community, may, by notification, 
declare to be essential service ; 
(c) "notified" and "notification" mean 	 notified and 
notification respectively in the Official Gazette; 
(d) "prescribed" means prescribed by any rule or order 
made under this Act; 
(e) "protected place" means a place declared under section 
6 to be a protected place; 
(f) "public servant" includes any public servant as defined 
in the Indian Penal Code and any servant of any 45 of 1860. 
local authority 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; 
(g) "subversive act" means any act which is intended, or 
is likely,— 
(i) to endanger public safety and tranquillity, 
(ii) to organise, further or help the illegal acquisition, 
possession or use of— 
(a) arms, ammunition or military stores as defined 
in the Arms Act, 1959; 
(b) explosive substances as defined in the Explosive 
Substances Act, 1908, or corrosive substances; g of 1908. 
(iii) to commit an offence of looting or raiding under 
this Act or to further or help the commission 
thereof. 
54 of 1959. 
Effect 
of the 
provisions 
= 	 of the 
Act when 
inconsist-
ant with 
other law 
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. 
Saving. 4. No prohibition, restriction or disability imposed by 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. 
The West Bengal Maintenance of Public Order Act, 1970. 3 20 at 1970.] 
5. If any person to whom any provision of this Act relates Non-or to whom any order made in pursuance of any such provision compliance  riot h itshi e on s  is addressed or relates or who is in occupation, possession or with the  of any land, building, vehicle, vessel or other thing to  
which such provision relates, or in respect of which such order Actor   any is made, fails without lawful authority or excuse, himself, or in orders respect of any land, building, vehicle, vessel or other thing of d  uner. 
made there- 
which he is in occupation, possession or control, to comply. with 
such provision or order, he shall be deemed to have contravened such provision or order. 
CHAPTER 11 
Access to certain places 
6. (1) If as respects any place or class of places the State 
Government considers it necessary or expedient in the public 
interest or in the interest of the safety and security of such place 
or class of places that special precautions should be taken to 
prevent the entry of unauthorised persons, the State 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 place 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 State 
Government or of any person in authority connected with the 
protected place duly authorised by the State Government in this 
behalf or of the District Magistrate or of the Sub-Divisional 
Magistrate having jurisdiction, enter, or be on or in or pass over, 
any protected place and no person shall loiter in the vicinity of any such place. 
(3) Where 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 authority which granted the permission. 
(4) Any police officer, or any other person authorised in this 
behalf by the State Government, may search any person enter-
ing or seeking to enter, or being on or in, or leaving, a pro-
tected place and any vehicle, vessel, animal or article brought 
in by such person and may, for the purpose of the search, 
detain such person, vehicle, vessel, animal or article: 
Provided that no woman shall be searched in pursuance of 
this sub-section except by a woman. 
(5) If any person contravenes any provision of this section, 
then, without prejudice to any other proceedings which may be 
taken against him, he may be removed therefrom by any police 
officer or by any other person authorised in this behalf by the State Government. 
Protected 
places. 
4 The West Bengal Maintenance of Public Order Act, 1970. 
[President's Act 
(6) If any person contravenes 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. 
Foreisq or 
evading 
a sward. 
7. Any person who effects or attempts to effect entry into 
a protected place,— 
(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 
(b) after taking precautions to conceal his entry or 
attempted entry from any such person, 
skall be punishable with imprisonment for a term which may 
extend to five years, or with fine, or with both. 
CHAPTER III 
Prevention of subversive acts 
Saiootage. 	 8. (1) No person shall do any act with intent to 
injuriously affect, whether by impairing the efficiency or impeding 
the working of anything or in any other manner whatsoever, or 
to cause destruction of or damage to, — 
(a) any building, vehicle, machinery, apparatus or other 
property used or intended to be used, for the purpose 
of Government or any local authority or any 
Corporation owned or controlled by Government; 
(b) any railway (as defined in the Indian Railways Act, 
1890), aerial ropeway (as defined' in the Bengal 9  of 1990. 
Aerial Ropeways Act, 1923), tramway, road, canal, B en. Aet  7 
canal embankments, protective bunds, sluice-gates, of 1923. 
lockgates, bridge, culvert, causeway, port, dockyard, 
lighthouse, aerodrome (as defined in the 
Aircraft Act, 1934), air-field, air-strip or any 22 of 1934. 
installation thereon or any telegraph line or post 
(as defined in the Indian Telegraph Act, 1885) ; 	 13 of 1885. 
(c) any rolling stock of a railway or tramway or any 
vehicle of a State or private transport service or any 
vessel or aircraft; 
(d) any building or other property used in connection with 
the production, distribution or supply of any 
essential commodity or maintenance of any essen-
tial service, any sewage works, mine or factory ; 
(e) any prohibited place as defined in sub-section (7) bf 
section 2 of the Official Secrets Act, 1923. 19 of 1923. 
The West Bengal Maintenance of Public Order Act, 1970. 5 
20 of 1970.] 
(2) The provisions of sub-section (1) shall apply in relation 
to any omission on the part of a person to do anything which 
he is under a duty imposed on him by any law or an order of 
any competent authority to do, as they apply to the doing of 
any act by a person. 
(3) If any person contravenes any of the provisions of this 
section, he shall be punishable with imprisonment for a term 
which may extend to seven years, or with fine, or with both. 
9. If any person commits any subversive act, he shall be 
punishable with imprisonment for a term which may extend to 
ten years, or with fine, or with both. 
Penalty 
for 
subversive 
acts. 
CHAPTER IV 
Public Safety and Order 
10. Any person who carries on his person or knowingly Punish. 
has in his possession or under his control any arms, ammunition went for 
54 of 1959. or military stores as defined in the Arms Act, 1959, or explo- carrying 
sive substances as defined in the Explosive Substances Act, p ossessing 
6 of 1908. 1908, or corrosive substance, under such circumstances as to any 
give rise to a reasonable suspicion that he does not carry it on corrosive 
his person or have it in his possession or under his control for substance.. 
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 undeil 
his control for a lawful object, be punishable with imprison-
ment for a term which may extend to seven years, to which 
fine may be added. 
11. Whoever commits dacoity, robbery, theft, or theft in a Definition 
building, vessel or vehicle or criminal misappropriation, if the of looting_ 
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 law and order has 
been completely restored in such area, or 
(c) in such circumstances 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. Whoever commits mischief by fire or any explosive Definition 
substance on any property of Government or any local author of raiding. 
rity or of any corporation owned or controlled by Government 
or of any educational establishment is said to commit the 
offence of raiding. 
Explanation.—In this section, "mischief" has the meaning, 
assigned to it in section 425 of the Indian Penal Code. 	 45 of 1860. 
Power to 
arrest .  
without 
warrant. 
6 	 The West Bengal Maintenance of Public Order Act, 1970. 
[President's Act 
13. Any police officer may use such force as may be 
necessary in order to stop the commission of the offence of 
looting or raiding within his view. 
14. In the Code of Criminal Procedure, 1898,— 
(a) in sections 127 and 128, for the words "officer in 
charge of a police-station", the words "any police', 
officer of or above the rank of a head constable" 
shall be substituted; 
(b) in section 497, in sub-section (1), for the portion 
beginning with "if there appear reasonable grounds" 
and ending with "imprisonment for life", the words 
"unless the prosecution has been given a reason-, 
able opportunity to oppose the application for such, 
release, and where such application is opposed by 
the prosecution, unless the Court is satisfied that, 
there are reasonable grounds for believing that he 
is not guilty of any offence punisahble with death 
or imprisonment for life or imprisonment for a term 
of seven years or more" shall be substituted. 
15. Notwithstanding anything contained in 'the Code of 5 of 1898 .  
Criminal Procedure, 1898, any police officer may, without an 
order from a Magistrate and without a warrant, arrest any person 
who is reasonably suspected of having committed any offence 
-under this Act. 
'Use of force 
to stop 
looting or 
raiding. 
Amend-
ment of 
the Code 
of Criminal 
Procedure, 
1898. 
5 of 1898. 
CHAPTER V 
Miscellaneous Provisions 
1145lui: 	 16. (1) If, in the opinion of the State Government, it is *owning of necessary or expedient so to do for preventing or suppressing 
property' subversive acts or for maintaining supplies and services essen-
tial to the life of the community, it may by order in writing] 
requisition any property, movable or immovable, and may 
make such further orders as appear to it to be necessary_ or 
expedient in connection with the requisitioning. 
(2) The State Government may use or deal with any 
property requisitioned under sub-section (1) in such manner as 
may appear to it to be expedient. 
(3) The State Government shall pay compensation for any 
property requisitioned by it under sub-section (1), and the 
principles according to which and the manner in which such 
compensation is to be determined and given shall be as follows: — 
(a) where the amount of compensation can be fixed by 
agreement, it shall be paid within three months in 
accordance with such agreement; 
The West Bengal Maintenance of Public Order Act, 1970. 	 7 20 of 1970.] 
(b) where no such agreement can be reached, the amount 
of compensation shall be such as an arbitrator 
appointed in this behalf by the State Government may award: 
Provided that in the case of immovable property, the 
arbitrator shall be a District Judge or an Additional District Judge; 
(c) in awarding the amount of compensation, the arbitrator 
shall have regard to the pecuniary loss attributable 
to the requisition and to any other circumstances 
which he considers to be just and proper; 
(d) in the case of immovable property, the State Govern-
ment 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 another person for the said purpose; 
(e) an appeal shall lie to the High Court against an award 
of the arbitrator except in cases where the amount 
of compensation awarded does not exceed five 
thousand rupees in lump or in the case of an amount 
payable periodically, two hundred and fifty rupees per mensem; 
(f) in the case of movable property, where, immediately 
before the requisition, the property was by virtue 
of a hire-purchase agreement in the possession of 
a person other than the owner, the total compen-
sation payable in respect of the requisition shall 
be apportioned between that person and the owner 
and in default of agreement, in such manner as 
the arbitrator referred to in clause (b) may decide to be just and proper; 
(g) the amount awarded as compensation by the arbitra-
tor or ordered to be paid by the High Court on 
appeal in cases coming under clause (e) shall be paid within three months of the date of the award 
or order made by the arbitrator or the High Court; 
(h) save as provided in this sub-section and in any rules 
made under section 24, nothing in any other law 
for the time being in force shall apply to an arbi-tration under this sub-section. 
(4) Where any immovable property requisitioned under sub-section (1) is to be released from requisition, the State 
Government may, after making such inquiry, if any, as it 
considers necessary, specify by order in writing the person who 
appears to the State Government to be entitled to the possession of such property. 
S The West Bengal Maintenance of Public Order Act, 1970. 
[President's Act 
(5) The delivery of possession of the immovable property 
requisitioned under sub-section (1) to the person specified in 
an order made under sub-section (4) shall be a full discharge 
of the State 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. 
(6) Where the person to whom possession of any immov-
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 State 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. 
(7) When a notice referred to in sub-section (6) is pub-
lished in the Official Gazette, the immovable 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 the possesion thereof; and 
th Stat Governmet shall not be liable for any compensation 
or
e 
 other
e  claim in respect of- such property for any period after 
the said date. 
(8) (a) Where any immovable property requisitioned 
under sub-section (1) is released from requisition, compensation 
shall also be paid in respect of any damage done during the 
b
e
e
r
e
i
n
od 
 u
o
s
f
t arin
equ
d
i sbityi o
n
n
o rtm
o 
a
such prr o
an
e
d
r t
tear t 
other bthan w
u
h
ra
a
l
t   cmuaye sh.ave 
(b) When the amount of such compensation can be fixed 
by agreement, it shall be paid in accordance with such agree-
ment ; where no such agreement can be reached, the matter 
shall be referred to an arbitrator and thereupon the provisions 
of sub-section (3) which are applicable to immovable property 
shall, as far as may be, apply. 
(9) The State Government may, with a view to requisition-
ing any property under sub-section (1), 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; 
(b) direct that the owner, occupier or person in possession 
of the property shall not without the permission of 
the State Government dispose of it or where the 
property is a building, structurally alter it or where 
the property is movable, remove it from the 
premises in which it is kept till the expiry of such 
reasonable period as may be specified in the order. 
The West Bengal Maintentrotee of.Public Order Act, 1970. 9 
20 01 1970.] 
(10) (a) The State Government may, within thirty days 
from the date on which possession of any property, requisitioned under sub-section (1), is taken by it, by order in writing, require 
the owner of such property to execute such repairs therein as 
may be necessary to restore such property to the same condition 
in which it was immediately before the date on which the order under sub-section (1) was made. 
(b) If the owner fails to execute or complete such repairs 
within the time specified, the State Government may cause such 
repairs to be executed or completed and the cost thereof shall 
be recoverable from the owner as if it were an arrear of land revenue. 
(c) The State Government may, without prejudice to any 
other mode of recovery, deduct the cost referred to in clause (b) or any part thereof from the compensation payable to the 
owner under sub-section (3). 
(11) Without prejudice to any powers otherwise conferred 
by this Act, any person authorised in this behalf by the State 
Government may enter any premises between sunrise and sunset 
and inspect such premises and any property therein or thereon 
for the purpose of determining whether, and, if so, in what 
manner, an order under this section should be made in relation 
to such premises or property, or with a view to securing 
compliance with any order made under this section. 
(12) 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. 
17. (1) Save as otherwise expressly provided in this Act, 
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 
be provided in rules made in this behalf. 
(2) Where this Act empowers an authority, officer or person 
to take action by notified order, the provisions of sub-section (1) shall not apply in relation to such order. 
(3) If in the course of any judicial proceedings, a question 
arises whether a person was duly informed of an order made 
in pursuance of any provision of this Act, compliance with sub-section (1), or in a case to -which sub-section (2) applies, the notification of the order, shall be conclusive proof that he was 
so informed, but a failure to comply with sub-section (1)— 
(i) shall not preclude proof by other means that he had 
information of the order; and 
(ii) shall not affect the validity of the order. 
Publication 
and service 
of notices. 
Attempts, 
etc.,to 
cotravene 
the 
provisions 
of the Act. 
Special 
provision 
for 
searches. 
10 The West Bengal Maintenance of Public Order Act, 1970. 
[President's Act 
CHAPTER VI 
Supplementary and Procedural 
18. Any person who ,attempts to contravene, or abets, or 
attempts to abet, or does any act preparatory to, a contravention 
of, any of the provisions of this Act or of any order made there-
under, shall be deemed to have contravened that provision or, 
as the case may be, that order. 
19. (1) In any area in which the State Government, as a 
consequence of apprehended danger to the public in such area, 
notifies in the Official Gazette in this behalf, any police officer 
may in any road, street, alley, public place, or open space, stop 
and search any person in such area for the purpose of ascertain-
ing whether such person is carrying, 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 with 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. 
(2) Any police officer authorised in this behalf by general 
or special order of a Deputy Commissioner of Police in Calcutta 
and the Superintendent of Police elsewhere, may enter and search 
any place, vessel, vehicle, aircraft or animal and, for that 
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 for committing any 
subversive act. 
Explanation—In this sub-section "Calcutta" means the town Ben 
of Calcutta as defined in section 3 of the Calcutta Police Act, Act 
1866, together with the suburbs of Calcutta as defined by noti-
fication under section 1 of the Calcutta Suburban Police Act, Ben. Act 
1866. 	 2 of 1866. 
(3) 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 (2) shall 
be reported, without delay before a Magistrate 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 provision of any other law 
for the time being in force, give such orders as to the final disposal 
thereof as he deems expedient. 
(2) In particular, and without prejudice to the generality of 
the foregoing power, such rules may provide for the manner of 
publication and service of notices referred to in sub-section (1) of section 17. 
24. (1) The State Government may, by notification, make Power to rules for carrying out the purposes of this Act. 	 make rules. 
The West Bengal Maintenance of Public Order Act, 1970. 11 20 Of 12704 
20. (I) No Court shall take cognizance of any alleged Cognizance contravention of the provisions of -this Act or of any order made of contra. thereunder, except on a report in writing of the facts constituting T
ir ol' such contravention, made by a public servant duly authorised provision by the State Government in this behalf. 
(2) Proceedings in respect of a contravention of the of the 
pArecie: provisions of this Act alleged to have been committed by any made 
person may be taken before the appropriate Court having juris- there- diction in the place where that person is for the time being. 	 under. 
5 of 1898. 	 (3) Notwithstanding anything contained in Schedule II to 
the Code of Criminal Procedure, 1898, a contravention of the 
provisions of section 8 shall be triable by a Court of Session, a 
Presidency Magistrate or a Magistrate of the first class. 
(4) Any Magistrate or bench of Magistrates empowered for 
the time being to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Proce-
dure, 1898, may, if such Magistrate or bench of Magistrates 
thinks fit, on application in this behalf being made by the 
prosecution, try a contravention of such provision of this Act 
or any order made thereunder as the State Government may, 
by notified order, specify in this behalf in accordance with the 
provisions contained in sections 262 to 265 of the said Code. 
21. (1) No order made in exercise of any power conferred 
by or under this Act shall be called in question in any civil or criminal Court. 
(2) Where any order purports to have been made and 
signed by any authority in exercise of any power conferred by 
of 1872, or under this Act, a Court shall, within the meaning of the Indian 
Evidence Act, 1872, presume that such order was so made by that authority. 
22. No suit, prosecution or other legal proceeding shall lie Protection against Government or any person for anything which is in good of action faith done or intended to be done in pursuance of this Act or takenany order made thereunder. 	 muter the 
Act. 
23. The State Government may, by notified order, direct 
that any power or duty which is conferred or imposed by any 
provision of this Act upon the State Government shall, in such 
circumstances and under such conditions, if any, as may be 
specified in the direction, be exercised or discharged in Calcutta, 
also by the Commissioner of Police, the First Land Acquisition 
Collector or the Second Land Acquisition Collector, and else- 
where, also by the District Magistrate, and Additional District 
Magistrate or a Special Land Acquisition Officer. 
Explanation—In this section "Calcutta" has the same mean-ing as in sub-section (2) of section 19. 
Delegation 
of powers 
and duties 
of the 
State 
Govern. 
ment. 
Saving 
as to 
orders. 
12 
The West Bengal Maintenance of Public Order Act, 1970. 
(President's Act 20 04 10704 
Reasons for the enactment 
The Bill seeks to make special provision for the maintenance of public order 
by the prevention of illegal acquisition, possession or use of arms and explosive 
substances and the suppression of subversive activities endangering public safety 
and tranquillity. The existing laws being inadequate for dealing with the 
abnormal law and order situation in West Bengal, it is essential to enact this Bill 
containing provisions designed to meet the present needs. 
2. The Committee constituted under the proviso to sub-section (2) of 
section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970 
(17 of 1970), has been consulted before enactment of this measure as a 
President's Act. 
WBGP-7112-41 A-4M 

‹ Prev All West Bengal acts Next ›