The West Bengal Security Act, 1950

West Bengal Act XIX of 1950 
THE WEST BENCAL SECURITY ACT, 1950, 
CONTENTS. 
CHAPTER I. 
PRELIMINARY. 
Section. 
1. Short title, extent, commencement and duration. 
2. Definitions. 
3. Effect of the provisions of the Act when inconsistent with other law. 
4. Saving. 
5. Non-compliance with the provisions of the Act or any orders made thereunder 
CHAPTER II. 
ACCESS TO CERTAIN PLACES AND AREAS. 
6. Protected places. 
7. Protected areas. 
8. Forcing or evading a guard. 
9. Orders for certain places and areas. 
CHAPTER III. 
PREVENTION OF SUBVERSIVE ACTS. 
10. Sabotage. 
11. Prohibition of subversive acts, publicationS and communications. 
12. Proscription, etc., of certain documents. 
13. Power to impose censorship. 
CHAPTER IV. 
PUBLIO SAFETY AND ORDER. 
14. Punishment for carrying or possessing any corrosive substance or liquid. 
15. Definition of looting. 
16. Use of force to stop looting. 
17. Curfew. 
18.. Amendment of sections 12.7 and 128 of the Code of Criminal Procedure, 1898. 
19. Control of processions, meetings, etc. 
20. Control of movements of commodities, articles or things. 
21. Power to make orders restricting the movements or actions of certain persons. 
22. Duration of orders made under section 21(1). 
23. Control of use of loud-speakers, megaphones, etc. 
24. Unlawful drilling. 
25. Unofficial uniforms, etc. 
26. Powers to require the assistance of certain persons. 
CHAPTER V. 
MISCELLANEOUS PROVISIONS. 
27. Power to obtain information. 
28. False statement. 
29. Requisitioning of property. 
30. Publication and service of notices. 
ii 	 The West Bengal Security Act, 1950. 
Section. 
CHAPTER VI. 
SUPPLEMENTARY AND PROCEDITRAL. 
31. Attempts, etc., to contravene the provisions of the Act. 
32. Special provision for searches. 
33. General power of arrest without warrant. 
34. Cognizance of contraventions of the provisions of the Act or orders made 
thereunder. 
35. Power to give effect to orders, eto. 
36. Saving as to orders. 
37. Protection of action taken under the Act. 
38. Delegation of powers and duties of the State Government. 
39. Power to make rules. 
40. Savings and validation. 
41. Indemnity for acts, etc., done after the expiry of the West Bengal Security 
Act, 1948 or the West Bengal Security Ordinance, 1949. 
West Bengal Act XIX of 1950 
THE WEST BENGAL SECURITY ACT, 1950. - 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 31st March, MO.] 
An Act to make special provision for the maintenance of 
public order by the prevention of illegal acquisition, 
possession or use of arms, the suppression of subversive 
movements endangering communal ,harmony or the safety 
or stability of the State and the suppression of goondas 
and for maintaining supplies and services essential to 
the life of the community. 
WHEREAS it is expedient to make special provision for 
the maintenance of public order by the prevention of illegal 
acquisition, possession or use of arms, the suppression of 
subversive movements endangering communal harmony or 
the safety or stability of the State and the suppression 
of goondas and for maintaining supplies and services 
essential to the life of the community; 
It is bereby enacted as follows:— 
CHAPTER I. 
PREmaxARY. 
1. (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 commis-
sion 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 sec-
tion 7 to be a protected area ; 
(8) "public servant" includes any public servant as 
defined in the Indian Penal Code and any ser-
vant of any local authority or railway adminis-
tration and any person engaged in any employ-
ment or class of employment which the State 
Government may, from time to time, declare 
to be employment or class of employment essen-
tial 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 acquisi-
tion, 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 disappro-
bation of the policy or measures of the Govern-
ment 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 fur-
therance of an industrial dispute for the pur-
poses 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 neces-
sary for the procurement, supply and distribu-
tion of such commodity for the purposes of sub-
clause (e). 
3. The provisions of this Act and of any orders made 
thereunder shall have effect notwithstanding anything in-
consistent 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 provi-
sions of 
the Act 
when in-
consistent 
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 occupa-
tion, 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 provi-
sion 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. 
6. (1) If as respects any place or class of places the 
State Government considers it necessary or expedient 
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 there-
upon, 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. 
Non-com-
pliance 
with the 
provisions 
of the Aot 
or any 
orders 
made 
there-
under. 
Protected 
places. 
Protected areas. 
The West Bengal Security Act, 1950. 
(West Ben. Act 
(Chapter II.—Access to certain places and areas.— 
Section 7.) 
(2) No person shall, without the permission of the State 
Government, enter, or be on or in, or pass over, or loiter in 
the vicinity of, any protected 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 State Government. 
(4) Any police officer, or any other person authorised in 
this behalf by the State 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 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 is in a protected place in contraven-
tion 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. 
(6) If any person is in a protected place in contraven-
tion 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. 
7. (1) If the State Government considers it necessary 
or expedient to regulate the entry of persons into any area, 
the State Government may without prejudice to any other 
provisions 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) On 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 State 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 
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. 
(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 
The West Bengal Security Act, 1950. 
XIX of 1950.] 
(Chapter II.—Access to certain places and areas.—
Sections 8, 9.) 
may be removed therefrom by or under the 
police officer on duty in the protected area 
person authorised in this behalf by the State 
(5) If any person is in a protected area 
of any of the provisions of this section, he 
able with imprisonment for a term which 
three years or with fine or with both. 
8. Any person who effects or attempts to effect entry Forcing or into a protected place or protected area— evading a 
guard. (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. 
9. (1) Without prdjudice to any other provision of this o rders  fbir  Act, the State Government, as respects— 	 certain 
arelaeosas.  (a) any place or area declared by it to be a protected 	 and  
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 pre-
cautions for preventing or suppressing subversive 
acts or for maintaining supplies and services 
essential to the life of the community, 
may make orders for controlling or regulating the admis- 
sion 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; 
(c) 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 
5 
direction of any 
or by any other 
Government. 
in contravention 
shall be punish-
may extend to 
6 	 The West Bengal Security Act, 1950. 
[West Ben. Act 
(Chapter 111.—Prevention ,  of subversive acts.— 
Section 10.) 
(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 modi-
fications 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 modi-
fication 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. 
CHAPTER III. 
PREVENTION Or SUBVERSIVE ACTS. 
Sabotage. 	 10. (1) 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 
purpose of Government or any local authority; 
(b) any railway (as defined in the Indian Railways Act, ix of 
1890), aerial ropeway (as defined in the Bengal 1890.
Aerial Ropeways Act, 1923), tramway, road, Ben. Aot 
canal, canal embankments, protective bonds, VII of  
sluice-gates, lockgates, bridge, culvert, causeway, 1923.  
port, dockyard, lighthouse, aerodrome (as 
defined 	 in 	 the 	 Indian 	 Aircraft 	 Act, xx..0 of 
1934), air-field, air-strip or any installation there- 1934. 
on or any telegraph line or post (as defined in the 
Indian Telegraph Act, 1885); 	 XIII of 1886. 
(o) any rolling-stock of a railway or tramway 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 ; 
The IT 	Bengal Security Act, 1950. 	 7 
XIX of 1950.] 
(Chapter 111.—Prevention of subversive acts.—Section 11.) 
(e) any prohibited place as defined in sub-section (8) of 
x_tx of 	 section 2 of the Indian Official Secrets Act, 1923. 
1923. 
Ben. Ord. 
VI of 1946. 
(2) The provisions 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 State Government 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 
this section, he shall be punishable with imprisonment for a 
term which may extend to seven years or with fine or with 
both. 
11. (1) No person shall, without lawful authority or 
excuse,— 
(a) do any subversive act ; or 
(b) make, print, publish or distribute any document 
containing, or spread by any other means what-
soever, 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 deem-
ed to have contravened this section. 
(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 five years or with fine or with 
both : 
Provided that in any proceedings arising out of a con-
travention 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 print-
ed, 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 State Government, or 
(iii) as a proof intended for submission to the State 
Government or to a person or authority 
designated by the State Government in this 
behalf with a view to obtaining permission for 
its publication; 
(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— 
(i) before the Bengal Special Powers Ordinance, 
1946, came into force, or 
(ii) with the permission or under the authority of the 
State Government. 
Prohibi-
tion of 
subversive 
acts, pub-
lications 
and corn-
munica-
tions. 
8 	 The West Bengal Security Act, 19O. 
Proscrip-
tion, eto., 
of certain 
documents. 
[West Ben. Act 
(Chapter 111.—Prerention, of subversive acts.— 
Sections 12, 13.) 
12. (7) Where in the opinion of the State Government 
any document made, printed or published, whether before or 
after this Act comes into force, contains any prejudicial 
report, the State Government may, by order,— 
(a) require the author, printer, publisher or person in 
possession of such document not being a news-
paper to inform the authority specified in the 
order of the name and address of any person 
concerned in the making of such report; 
(b) provide for the safe keeping by person in possession 
of such document and copies thereof ; 
require the delivery of such document and any 
copy thereof to any authority specified in the order; 
(d) prohibit the further publication, sale or distribu- 
tion of such document, of any extract therefrom 
or of any translation thereof, including, in the 
case of a newspaper or other periodical, the pub-
lication, sale or distribution of any subsequent 
issue thereof; 
(e) declare such document and every copy of translation 
thereof or extract therefrom, to be forfeited to the State. 
(2) Where in pursuance of sub-section (1) any document is required to be delivered to a specified authority, that 
authority may enter upon and search any premises whereon 
or wherein such document or any copy thereof is or is 
reasonably suspected to be. 
(3) Where in pursuance of sub-section (1) any document has been declared to be forfeited to the State, any police 
officer may seize any copy thereof, wherever found and any 
Magistrate may by warrant authorise any police officer not 
below the rank of Sub-Inspector to enter upon and search 
any premises whereon or wherein such document or any copy 
thereof is or is reasonably suspected to be. 
(4) 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. 
(c) 
Power to 
impose 
censor-
ship. 
13. (1) The State Government may, for the purpose 
of preventing or suppressing subversive acts, by order 
addressed to a printer, publisher or editor, or to printers, 
publishers and editors generally,— 
(a) require that all matters, or any matter relating to a 
particular subject or class of subjects, shall, 
before being published. in any document or class 
of documents, -be submitted for scrutiny to- an authority specified in the order; 
„„, 
.XXLII of 
1931. 
The West Bengal Security Act, 1950. 	 9 
XIX of 1950.] 
(Chapter IV.—Public Safety and Order.— 
Sections 14, 15.) 
(b) prohibit or regulate the making or publishing of any 
document or class of documents, or of any matter 
relating to a particular subject or class of sub-
jects, or the use of any press, as defined in the 
Indian Press (Emergency Powers) Act, 1931. 
(2) If any person contravenes any order made under sub-section (1), then, without prejudice to any other proceedings 
which may be taken against such person, the State Govern-
ment may declare to be forfeited to the State every copy of 
any document published or made in contravention of such 
order and any press, as defined in the Indian Press 
(Emergency Powers) Act, 1931, used in the making of 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. 
Explanation.—In this Chapter "document" includes 
gramophone records, sound tracks and any other articles on 
which sounds have been recorded with a view to their sub-
sequent reproduction. 
CHAPTER IV. 
PUBLIC SAFETY AND ORDER. 
14. Any person who carries on his person or kno'Wingly 
has in his possession or under 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 per-
son 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. 
15. Whoever commits . dacoity, robbery, theft, or theft 
in a building, vessel or vehicle or criminal misappropriation, 
if 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 law and 
order has been completely restored in such area, 
Or 
in circumstances such that a person whose property 
is stolen or criminally misappropriated is not, 
as a consequence of rioting or any other disturb-
ance of the public peace, present or able to pro-
tect such property, 
is said to commit the 'offence of looting. 
(c)  
Punish-
ment for 
carrying 
or possess-
ing any 
corrosive 
substance 
or liquid. 
Definition 
of looting. 
Use of force to stop looting. 
Curfew. 
10 	 The West Bengal Security Act, 1950. 
[West Ben. Aot 
(Chapter IV .—Public Safety and Order.—
Sections 16-20.) 
16. 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 within his view. 
17. (1) The Commissioner of Police in Calcutta and the 
District Magistrate elsewhere may ;  subject to the control of 
the State Government, by order direct that, subject to 
any exemption specified in. the order, no person 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) If 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) In this section "Calcutta" means the town of Calcutta 
as defined in section 3 of the Calcutta Police Act, 1866, to- Ben. Act 
gether with the suburbs of Calcutta as defined by notifica- INT of 1866. 
tion under section 1 of the Calcutta Suburban Police Act, Ben. Act 
1866. 	 II of 1866. 
Amend- 	 18. In sections 127 and 128 of the Code of Criminal meat of 	
t Procedure 1898, for the words "or officer in charge of a Act V of 
127 1   ons  
itud 	 police-station" the words "or any police officer of or above 189g. 
128 of the the rank of a head constable" shall be substituted. 
Code of Criminal Procedure, 
1898. 
Control of 	 19. (1) The State Government may, by general or 
proces- 	 special order, prohibit, restrict or impose conditions upon, 
rasa ings, the holding of or taking part in processions, meetings or meet  
etc. 	 assemblies which, in its opinion, are likely to disturb the 
communal peace or to endanger the safety or stability of 
the State. 
(2) Any police officer may take such steps, and use such 
force, as may be reasonably necessary for securing compli-
ance with any order made under this section. 
(3) 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. 
Control of 	 20. (1) If, in the opinion of the State Government, 
movements it is necessary or expedient so to do for preventing or 
of cora- 	 suppressing subversive acts or for maintaining supplies and modities' services essential to the life of the community, it may, by articles or 
things. 	 general or special order, prohibit or restrict the movement 
of any commodity, article or thing (including any vessel, 
v ehicle, aircraft or animal) either generally or between any 
particular places or on any particular route. 
(2) Every order made under sub-section (1) shall remain 
in force for such -period not exceeding three months at any 
one time as may be specified in the order. 
The West Bengal Security Act, 1950. 	 11 
XIX of 1950.] 
(Chapter IV.—Public Safety and Order.—Section.21.) 
(3) If any person contravenes any order made under 
sub-section (I), he shall 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 vessel, 
vehicle, aircraft or animal) in respect of Which the offence 
has . been committed shall be forfeited to the State. 
_Act V _ at 1808. 
21. (I) The State Government, if satisfied with respect 
to any particular person that he is doing or is about to do 
or is likely to do any subversive act, may, with a view to 
preventing him from doing such act, make an order— 
(a) directing that, except in so far as he may be per-
mitted by the provisions of the order, or by such 
authority or person as may be specified therein, 
he shall not be in any such area or place in West 
Bengal as may he specified in the orter ; 
(b) requiring him to reside or remain in such place or 
within such area in West Bengal as may 
be specified in the order and if he is not already 
there to proceed to that place or area within such 
time as may be specified in the order; 
(c) requiring him to notify his movements or to. report 
himself or both to notify his movements and 
report himself in such manner, at such times and 
to such authority or person as may be specified 
in the order; 
(d) imposing upon him such restrictions as may be 
specified in the order in respect of his employ-
ment, business or movements, in respect of his 
association or communication with other persons, 
and in respect of his activities in relation to the 
dissemination of news or propagation of opinions. 
(2) An order made under sub-section (1) shall be served 
on the person in respect of whom it is made in the manner 
provided in the Code of Criminal Procedure, 1898, for 
service of a summons, and upon such service such person 
shall be deemed to have had due notice thereof. 
(3) If any person is in any area or place in contravention 
of an order made under the provision of this section, or fails 
to leave any area or place in accordance with the require-
ments of such an order then, without prejudice to the pro-
visions of sub-section (4), he may be removed from such area 
or place by any police officer or by any person acting on 
behalf of the State Government. 
(4) 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. 
Power to 
make 
orders 
restricting 
the move-
ments or 
actions of 
certain 
persona. 
12 	 The West Bengal Security Act, 1950. 
Duration of 
orders 
made 
under sec-
tion 21(1). 
Control of 
use 	 of 
loud-
speakers, 
mega-
phones, 
etc. 
Unlawful 
drilling. 
[West Ben. Act 
(Chapter IV.—Public Safety and Order.— 
Sections 22-24.) 
22. An order made under sub-section (1) of section 21 
shall be in force for such period not exceeding three months 
as may be specified in the order unless earlier cancelled 
by the authority snaking the order: 
Provided that the State Government may, as often as it 
thinks fit, make, 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 first instance. 
23. (1) The State Government may, for the pur-
pose of preventing or suppressing subversive acts, by general 
or special order, prohibit, restrict, regulate or impose con-
ditions on— 
(i) the use or operation in any street, square, public 
place or other open space of any apparatus for 
amplifying the human voice, or any reproduction 
of the human voice, such as a megaphone or an 
electrically operated loud-speaker; and 
(ii) the use, operation or driving in any street, square, 
public place or other open space of any vehicle 
which carries or has attached to it any apparatus 
referred to in clause (i). 
(2) Any police officer may take such steps and use such 
force as may be reasonably necessary for securing compliance 
with any order made under this section and may seize any 
apparatus or vehicle in respect of which any contravention 
of any such order has in the opinion of such officer occurred : 
Provided that any vehicle or apparatus seized by a police 
officer under this sub-section shall be conveyed without 
delay before a Magistrate who may give such directions as 
to its temporary custody as he thinks fit, but if no prosecu-
tion is instituted for a contravention of the order in respect 
of the vehicle or apparatus seized within a period which is 
in the opinion of the Magistrate reasonable, he shall direct 
its return to the person from whom it was seized. 
(3) 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, and any Court trying such contravention may direct 
that any apparatus or vehicle in respect of which the Court 
is satisfied that the order has been contravened shall be for-
feited to the State. 
24. (1) The State Government may, by general or 
special order, prohibit or restrict in any area any such 
exercise, movement, evolution or drill of a military nature 
as may be specified in the order. 
(2) The State Government may, by general or special 
order, with a view to securing that no unauthorised 
exercise, movement, evolution or drill of a military nature 
is performed at any place, prohibit, restrict or impose con-
ditions on the holding of, or taking part in, any such camp, 
parade, meeting or assembly, or such class thereof, as may 
be specified in the order. 
The West Bengal Security Act, 19.50. 	 13 
XIX of 1950.3 
(Chapter IV.—Public Safety and Order.—Chapter V.—
Miscellaneous Provisions.—Sections 25-27.) 
(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. 
25. (1) If the State Government is satisfied that the 
wearing in public of any dress or article of apparel resembling 
any uniform or part of a uniform required io be worn by a 
member of the Union Forces or by a member of any official 
Police Force or of any force constituted under any law for 
the time being in force would be likely to prejudice the 
public safety,. or the maintenance of public order, the State 
Government may, by general or special order, prohibit or 
restrict the wearing or display in public of any such dress 
or. article of apparel_ 
(2) For the purposes of this section, a dress or an article 
of apparel shall be deemed to be worn or displayed in public 
if it is worn or displayed so as to be visible to a person in any 
place to which the public have access. 
(3) 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. 
26. (1) Any officer of Government authorised in this 
behalf by general or special order of the State Govern-
ment may, within such area as may be specified in the order, 
require any male person in that area to assist in the main-
tenance or restoration of law and order or in the protection 
of property for such period and in such manner as the officer 
may direct. 
(2) If any person fails to comply with any lawful direc-
tion given to him under sub-section (1), he shall be punish-
able with imprisonment for a term which may extend to six 
months or with fine or with both. 
Unofficial uniforms, etc. 
Powers to require the assis-tance of certain persons. 
CHAPTER. V. 
MISCELLANEOUS PROVISIONS. 
27. (1) Without prejudice to any special provisions 
contained in this Act, the State Government may by 
order require any person to furnish or produce to any speci-
fied authority or person any such information or article in his 
possession as may be specified in the order, being informa-
tion, or an article which the State Government considers 
it necessary or expedient in the interest of the prevention 
or suppression of subversive acts to obtain or examine : 
Provided that— 
(i) no editor, printer or publisher of a newspaper shall 
be required to furnish or produce any such 
information or article in respect of any matter 
published in such newspaper, and 
(ii) no person shall be required to furnish or produce 
any information or article which, under the pro- I of 1872. 
	
	 visions of the Indian Evidence Act, 1872, he 
cannot be compelled to furnish or produce. 
Power to obtain informa-tion. 
14 	 The W est Bengal Security Act, 1950. 
False statement. 
Requisi- tioning of 
property. 
[West Ben. Act 
(Chapter V.—Miscellaneous Provisions.—Sections 28, 29.) 
(2) If any person fails to furnish or produce any 
information or article in compliance with an order made 
under sub-section (1), he shall be punishable with imprison-
ment for a term which may extend to three years or with 
fine or with both. 
28. If any person, when required by or under any of the 
provisions of this Act to make any statement or furnish any 
information, makes any statement or furnishes any informa-
tion which he knows or has reasonable cause to believe to be 
false, or not true in auy material particular, he shall be 
punishable with imprisonment for a term which may extend 
to three years or with fine or with both. 	 • 
29. (1) If in the opinion of the State Government 
it is necessary or expedient so to do for preventing or suppres-
sing subversive acts or for maintaining supplies and services 
essential to the life of the community or for rehabilitating 
persons displaced from their residences or shops due to 
communal strife, it may by order in writing requisition any 
property, moveable or immoveable, and may make such fur-
ther orders as appear to it to be necessary or expedient in con-
nection with the requisitioning : 
Provided that no place or premises used for the purpose 
of religious worship shall be requisitioned under this section. 
(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 riven 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; 
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 immoveable property, the 
arbitrator shall be a District Judge or an Addi-
tional District Judge; 
in awardin g 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 immoveable property, the State Gov-
ernment may, in any particular case, nominate a 
person having expert knowledge as to the nature 
of the property requisitioned to assist the arbitra-
tor and where such nomination is made, the person 
to be compensated may also nominate another 
person for the said purpose; 
The West Bengal Security Act, 1950. 	 15 
XIX of 1859.] 
(Chapter V.—Miscellaneous Provisions.—Section 29.) 
(e) an appeal shall lie to the High Court against an 
award of the arbitrator except iu 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 moveable 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 compensa-
tion 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; 
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; 
save as provided in this sub-section and in any rules 
made under section 39, nothing in any other law 
for the time being in force shall apply to an 
arbitration under this sub-section. 
(4) Where any immoveable property requisitioned under 
sub-section (1) is to be released from requisition, the State 
Government may, after making such enquiry, 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. 
(5) The delivery of possession of the immoveable 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 
immoveable 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 immoveable property speci-
fied 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 possession thereof ; 
and the State Government shall not be liable for any 
compensation or other claim in respect of such property for 
any period after the said date. 
(h) 
16 	 The West Bengal Security Act, 1950. 
[West Ben. Act 
(Chapter V.—Miscellaneous Provisions.—Section 29.) 
(8) -Where any immoveable property requisitioned under 
sub-section (1) is released from requisition, compensation 
shall also be paid in respect of any damage done during the 
period of requisition to such property other than what may 
have been sustained by normal wear and tear or by natural 
causes. When the amount of such compensation can be 
fixed by agreement, it shall be paid in accordance with such 
agreement ; 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 immove-
able 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— 
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 posses-
sion of the property shall not without the permis-
sion of the State Government dispose of it 
or where the property is a building, structurally 
alter it or where the property is moveable, remove 
it from the premises in which it is kept till the 
expiry of such reasonable period as may be 
specified in the order. 
(10) 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 pro-
perty 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. 
(11) (a) The State Government may, at any time by 
order in writing, require the owner of any immoveable pro-
perty requisitioned under sub-section (1) to execute such 
repairs therein as it deems necessary and within such time 
as it may specify in the order. 
(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 t

Excerpt shown. Open the full act in Lexace.

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